If the testimonies of the defendants, the witnesses, or the defendant and the witness contradict each other, the contradiction may be clarified by way of a confrontation that can be required via an EIO/Request. During the execution of a confrontation, each person shall state his testimony orally in front of the other confronted person, and subsequently, each confronted person may be permitted to ask questions from the other confronted person.
Confrontation of the witness or the defendant shall be dispensed with if doing so is necessary to treat carefully or protect the witness or the defendant.
The confrontation of a witness under the age of 14 may not be ordered.
The confrontation of a witness under the age of 18 may not be ordered without his consent.
Persons taking part at the confrontation shall make their statements separately, one after another, with the direction of the investigating authority. The statements they previously made shall only be repeated to the extent necessary to resolve the conflict. A confrontation with the participation of three or more persons can only be held where appropriate, if the smooth execution of the procedural act can be ensured.
Line-up can be required and ordered for the identification of a person or object. At least three persons or objects shall be presented to the defendant or the witness for identification. A person or object may be presented to the defendant or the witness for identification by way of an image, sound or audio-visual recording if no other option is available.
Before a presentation for identification (or line-up), the person expected to identify shall be interrogated in detail regarding the circumstances under which he detected the given person or object, as well as his relationship to, and any known distinctive mark of, that person or object.
When presenting persons for identification, the person in question shall be presented in a group of other persons who are not related to the case, unknown to the recognising person, and similar to the person concerned in terms of the prominent distinctive marks specified by the identifying person, in particular in terms of sex, age, build, colour, hygiene, and clothing. When presenting objects for identification, an object concerned shall be presented among similar objects. The placement of a person or object concerned may not be considerably different from that of other persons or objects in the same group, and may not be prominent in any way.
If there is more than one identifying person, the presentation for identification shall be carried out separately, in the absence of the other identifying persons.
If it is necessary for the protection of the witness, presentation for identification shall be carried out in a manner that prevents the person concerned from recognising or detecting the witness.