1954-09-23
Article 165 (Examination of Witness outside Court)
A court may summon a witness to a place other than the courtroom for examination or examine him at the place where he is, after hearing the opinion of the public prosecutor, the defendant or his defense counsel, and taking into consideration the age, vocation, health condition, and other special circumstances.
Article 165-2 (Examination of Witness through Video or Other Transmission System)
A court may, if deemed proper when it examines any of the following persons as witness, examine the person through a video or any other transmission system or install a partitioning facility to place the person behind the facility for examination after hearing opinions of the public prosecutor and the defendant or his defense counsel: <Amended by Act No. 9765, Jun. 9, 2009>
1. A victim of a crime under any provision of subparagraphs 1 through 3 of Article 40 of the Child Welfare Act;
2. Children or juveniles, or a victim who shall be protected from a crime under any provision of Articles 7 through 12 of the Act on the Protection of Children and Juveniles from Sexual Abuse;
3. A person who is deemed likely to lose peace in mind seriously due to psychological burden when the person testifies in confrontation with a defendant or any other person, in light of the nature of the crime involved, the age of the witness, his physical or mental state, the relation with the defendant, or any other circumstances.
[This Article Newly Inserted by Act No. 8496, Jun. 1, 2007]
