Article 53. Non-disclosure of Issues of National
Security
1. In the process of criminal court proceeding, measures
to keep state secrets (state, military and official secrets,
investigation and preliminary investigation secrets) and other secrets
(trade secret, information for official use, medical, private secrets
and any other types of secrets) from divulging shall be taken pursuant
to this Code and other legislation. 2. Persons, whom the agency, conducting criminal
proceeding, asks to disclose information on state and other secrets,
should fulfill this requirement, but before doing that, have the right
to obtain the appropriate explanation which is subject to be entered
into the protocol, and which proves that this information is necessary
and shall be used in the criminal proceeding. 3. The procedure of access to the state secret
information for the participants of the proceeding shall be determined
by the legislation. 4. Evidences related to state secrets shall be examined
in a close court session. 5. Evidences which reveal any other secrets and disclose
privacy can be examined in a close court session at the request of
persons whom the divulging the aforementioned information threatens. 6. A harm inflicted to a person as a result of privacy
violation, as well as divulging private and family secrets, shall be
subject to be compensated in the procedure determined by law. 7. Investigation and preliminary investigation
information shall not be divulged. It can be made public with the
consent of the criminal investigation agency in the possible amount
only, if it does not contradict the interests of investigation and is
not related to the violation of rights and legal interests of other
individuals. 8. The criminal investigation agency shall have the
right to notify a defender, witnesses, victim, civil plaintiff, civil
defendant or their representatives, experts, specialists, interpreters
and other persons attending the investigation proceeding on
inadmissibility of divulgence of information related to the matter
without the permission of that agency. These individuals shall sign a
notification on the responsibility. |