3 Public trial Defendants and/or specific spectators may be ordered out of court when victims are deemed unable to give sufficient testimony as witnesses in the presence of the defendants due to emotional pressure, or in the presence of specific spectators. By a unanimous decision of the judges, the court may close a session to the public when it considers that public order or good morals might otherwise be undermined. The examination of a witness may be conducted out of court or on a day other than the fixed date for public trial, in light of the importance, age, profession, health or other conditions of the witness as well as the significance of the case. Under the Law for Partial Amendment to the Code of Criminal Procedure and the Law for the Inquest of Prosecution, the court may allow a witness to be accompanied by a person whom it deems appropriate when giving testimony, when it considers that the witness might otherwise feel extremely insecure or nervous. Also under the said Law, the court may take measures so that the defendant and witness may not see each other(separation measures), when it considers that the witness might feel such pressure in giving testimony in the presence of the defendant that his or her peace of mind will be substantially affected. In examining a victim of rape or other offenses as a witness, the Law stipulates that the witness may be seated in a place other than the seat normally used on such occasion. The judges and others concerned in the case may then examine the witness by seeing each other through the transmission of image and sound(video-link system). Furthermore, close attention must be paid for the protection of witnesses during examination, close attention must be paid not to ask questions that may discredit the witness, even if they are necessary in order to challenge the credibility of evidence. Intimidating or insulting questions are also prohibited. Elsewhere, the Law for Partial Amendment to the Code of Criminal Procedure, effective since September1999,provides: (i)that presiding judges may, on certain occasions, restrict questions concerning matters that would reveal the address or other details of a witness, etc. , and (ii)that, when giving opportunities to know the name and address of a witness, etc. , or to inspect evidentiary documents, public prosecutors or attorneys in private practice may ask the opposing party to ensure that matters that would reveal the address or other details of a witness, etc. , shall not be made known to defendants or other parties concerned, and that the security of a witness, etc. , shall not be threatened in any other way. Traditionally, the feelings and opinions of victims and others have frequently been revealed to public courts when public prosecutors, etc. , submit written statements recording the damage inflicted on victims to the court, or when victims or others are given opportunities to express their feelings under examination as witnesses. In addition, the Law for Partial Amendment to the Code of Criminal Procedure and the Law for the Inquest of Prosecution provide that the court shall let victims and others state their opinions on the date for public trial if they offer to express their feelings of injury, etc. , concerning criminal cases. Also, the Law concerning Measures Accompanying Criminal Proceedings to Protect Crime Victims, etc. , stipulates that the presiding judge of a court with jurisdiction over a pending criminal case shall make arrangements so that the victim and others may attend public trial proceedings if they make a request to that effect.
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