Hearing witnesses: person called as a witness must tell the truth and disclose everything he/she knows about the criminal case he/she is being questioned about. Before the hearing, the witness must be informed that he/she is not obliged to give answers that would cause embarrassment or significant material damage to him/her or his/her close relatives or expose him/her to criminal prosecution. In some cases, a person may not be heard as a witness (persons who are obliged to protect military or official secrets until they are released from their obligations; the defendant's defence lawyer) or may refuse to testify (close relatives of the defendant; confessor; persons who are required to protect the confidentiality of information obtained in the exercise of their profession (lawyers, doctors, psychologists...). In order for the hearing to be admissible as evidence in court, the instructions and any waiver of the witness's right not to testify must be recorded.
Hearing children: in principle, the concept is the same as for adults (see standard procedure), but there are some special rules. Minors under the age of 16 are usually called as witnesses through their parents or legal guardians. If it is established that a minor is not capable of understanding legal instructions (telling the truth, right not to testify if the case is such) because of his/her age or mental development, he/she should not be heard as a witness. If younger than 15 he/she may be accompanied by a person he/she trusts. The hearing may be held in the presence of an expert. If the minor is a victim of domestic violence or sexual abuse, some additional measures are necessary: he/she must have a lawyer looking after his/her interests during the proceedings; the judge must prevent unwanted contact between the minor victim and the suspect, unless it is necessary for the proceedings; the questioning of minor victims under the age of 15 must be recorded using an audio and/or video device; the suspect must not be present at the hearing (indirect questions are possible).
The hearing of the minor, especially if he/she is the victim of a crime under investigation or on trial, must be done sensitively to avoid upsetting his/her state of mind. District courts have specially equipped rooms for hearing victims of crime.
Hearing persons collaborating with the inquiry: if the disclosure of the identity of a witness could reasonably endanger his/her life or that of a close relative, the investigating judge may declare the identity of the witness an official secret and order the persons involved in the proceedings to keep it secret, or order that all information on the identity of the witness be deleted from the criminal case file. Such a witness can be heard using technical aids such as a protective wall, a voice distortion device, isolation of the transmission of sound and image from a specially arranged room, etc. The investigating judge also prohibits any questions that could reveal the identity of the witness.
Hearing victims/plaintiffs: victims are categorised to identify their specific protection needs and to assess their risk of exposure to secondary victimisation, intimidation and retaliation (individual assessment). Depending on the individual assessment, the judge will decide: whether the victim's hearing should be recorded by audio and/or video; whether the victim can be accompanied by a person he/she trusts; whether the hearing should be held in the presence of an expert; whether the hearing should be held by videoconference; whether or not the suspect must be present at the hearing (indirect questions are possible). If there is no need for special protection of the victim, the standard procedure is applied (see standard procedure). The public prosecutor, the accused and the defence lawyer may be present when the victim is questioned as a witness.
District courts have specially equipped rooms for hearing victims of crime. The judge must prevent unwanted contact between the victim and the suspect unless it is necessary for the proceedings. Representatives of the requesting state may be present if they are acting in the same function, unless the international treaty provides otherwise. A representative of the authority responsible for conducting the hearing in the requesting state may also be present.
Hearing experts: an expert witness is an independent expert in a specific field who uses his or her expertise to help the court clarify issues of fact that are relevant to the decision in a criminal case. The expert is appointed from a list of authorised experts maintained by the Ministry of Justice, by a written order describing his/her task. The appointed expert is obliged to submit his/her expert opinion.
Hearing suspects/persons accused: before giving evidence in his/her defence, the accused must be informed of the offence of which he/she is suspected and the grounds for suspicion/accusation. The accused does not have to defend himself/herself or answer questions, but can use silence as a defence. If he/she decides to testify, he/she does not have to testify against himself/herself or his/her family or admit guilt. He/she has the right to testify in the presence of his/her lawyer The above instruction must be noted, as must the defendant's response, for his/her testimony to be admissible as evidence in court. In some cases, the presence of a defence lawyer is mandatory (if the defendant is in custody or detention; if the defendant is mute, deaf or otherwise unable to defend himself or herself successfully; if the offence is punishable by 30 years' imprisonment). If the defendant does not understand Slovenian, an interpreter is provided at the state's expense to translate the relevant parts of the criminal case file, to enable consultation with his/her defence lawyer and to translate at the hearing.
Under national law, the public prosecutor and the defence lawyer can or must be present when the defendant is heard. Representatives of the requesting state may be present if they hold the same office, unless an international treaty provides otherwise. A representative of the authority responsible for conducting the hearing in the requesting state may also be present.