HEARING AS A WITNESS THE PERSON AGAINST WHOM CRIMINAL CHARGES MAY BE FILED
In the present study we address the issue of hearing as a witness, during the criminal trial, the person against whom, when considering the evidence included in the file, a charge could be pressed for a criminal offense. Referring to this issue, it is necessary to mention that the current Romanian C...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2017-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=01_criminal_law%2F&download=CKS_2017_criminal_law_007.pdf |
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| author | Mircea DAMASCHIN |
| author_facet | Mircea DAMASCHIN |
| author_sort | Mircea DAMASCHIN |
| collection | DOAJ |
| description | In the present study we address the issue of hearing as a witness, during the criminal trial, the person against whom, when considering the evidence included in the file, a charge could be pressed for a criminal offense. Referring to this issue, it is necessary to mention that the current Romanian Code of Criminal Procedure, entered into force on 2.1.2014, introduced a new article to the previous regulation which had enshrined the witness’s right against self incrimination. As we shall see, however, this new regulation does not apply to the present case. In these circumstances, the solution whereby the person against whom there are reasonable grounds for his/her participating in committing a criminal offense shall not testify as a witness arises from the case law of the European Court of Human Rights (hereinafter ECHR). |
| format | Article |
| id | doaj-art-a4c3f2ff5a4a4d93888a5a9eeb8072ab |
| institution | Kabale University |
| issn | 2068-7796 2068-7796 |
| language | English |
| publishDate | 2017-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-a4c3f2ff5a4a4d93888a5a9eeb8072ab2024-12-02T00:41:15ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962017-05-017-4852HEARING AS A WITNESS THE PERSON AGAINST WHOM CRIMINAL CHARGES MAY BE FILEDMircea DAMASCHIN0Professor, PhD, Faculty of Law, “Nicolae Titulescu” University of BucharestIn the present study we address the issue of hearing as a witness, during the criminal trial, the person against whom, when considering the evidence included in the file, a charge could be pressed for a criminal offense. Referring to this issue, it is necessary to mention that the current Romanian Code of Criminal Procedure, entered into force on 2.1.2014, introduced a new article to the previous regulation which had enshrined the witness’s right against self incrimination. As we shall see, however, this new regulation does not apply to the present case. In these circumstances, the solution whereby the person against whom there are reasonable grounds for his/her participating in committing a criminal offense shall not testify as a witness arises from the case law of the European Court of Human Rights (hereinafter ECHR).http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=01_criminal_law%2F&download=CKS_2017_criminal_law_007.pdfwitnesscriminal chargethe right against self incriminationthe equity of the criminal procedurethe new Romanian Code of Criminal Procedure |
| spellingShingle | Mircea DAMASCHIN HEARING AS A WITNESS THE PERSON AGAINST WHOM CRIMINAL CHARGES MAY BE FILED Challenges of the Knowledge Society witness criminal charge the right against self incrimination the equity of the criminal procedure the new Romanian Code of Criminal Procedure |
| title | HEARING AS A WITNESS THE PERSON AGAINST WHOM CRIMINAL CHARGES MAY BE FILED |
| title_full | HEARING AS A WITNESS THE PERSON AGAINST WHOM CRIMINAL CHARGES MAY BE FILED |
| title_fullStr | HEARING AS A WITNESS THE PERSON AGAINST WHOM CRIMINAL CHARGES MAY BE FILED |
| title_full_unstemmed | HEARING AS A WITNESS THE PERSON AGAINST WHOM CRIMINAL CHARGES MAY BE FILED |
| title_short | HEARING AS A WITNESS THE PERSON AGAINST WHOM CRIMINAL CHARGES MAY BE FILED |
| title_sort | hearing as a witness the person against whom criminal charges may be filed |
| topic | witness criminal charge the right against self incrimination the equity of the criminal procedure the new Romanian Code of Criminal Procedure |
| url | http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=01_criminal_law%2F&download=CKS_2017_criminal_law_007.pdf |
| work_keys_str_mv | AT mirceadamaschin hearingasawitnessthepersonagainstwhomcriminalchargesmaybefiled |