1The following persons shall not be obliged to testify:
athe next of kin of the defendant, pursuant to definitions referred to under Article 16, unless they have submitted a criminal report or complaint or if they or one of their next of kin are the victims of the criminal offence;
bthe spouse, in relation to the facts that were learnt by the accused person during marriage;
cthe spouse separated from the defendant, in relation to the facts that were learnt by the accused person during marriage;
çthe cohabitee or former cohabitee of the defendant, even if not a spouse;
dthe person who is related to the accused by adoption ties.
2The court shall inform the abovementioned persons of their right to abstain from testifying and ask them if they intend to exercise such right. Failure to comply with such rule shall result in the invalidity of the testimony.
EN