THE WITNESS’S RIGHT AGAINST SELF-INCRIMINATION. NATIONAL STANDARD
This study is meant to reveal the legal solution in the Romanian system regarding the witness’s right not to contribute to self-incrimination. Thus, as a translation of the principle nemo testis idoneus in re sua, the Romanian legislator stipulated the witness’s right against self-incrimination un...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2018-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=1_criminal_law%2F&download=CKS_2018_criminal_law_007.pdf |
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| author | Ioan-Paul CHIȘ |
| author_facet | Ioan-Paul CHIȘ |
| author_sort | Ioan-Paul CHIȘ |
| collection | DOAJ |
| description | This study is meant to reveal the legal solution in the Romanian system regarding the witness’s right not to contribute
to self-incrimination. Thus, as a translation of the principle nemo testis idoneus in re sua, the Romanian legislator stipulated
the witness’s right against self-incrimination under the privilege of not using his statements, in consideration of his locus
standi, against him, regardless of the fact that he later on was given the status of a defendant for the same offence or whether
he is a defendant in a different case, which is connected to the one where he is a witness. Likewise, the privilege of not using
his statements against him, stipulated under these conditions in the criminal procedure law, seems to respond to the three
difficult choices that the witness has, a premises for the necessity to formulate, on a jurisprudential bases, the witness’s right
to remain silent and the right against self-incrimination. |
| format | Article |
| id | doaj-art-be783e59bd3c44998ec471ae0e44dbc6 |
| institution | Kabale University |
| issn | 2068-7796 2068-7796 |
| language | English |
| publishDate | 2018-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-be783e59bd3c44998ec471ae0e44dbc62025-01-02T06:31:47ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962018-05-0112-5660THE WITNESS’S RIGHT AGAINST SELF-INCRIMINATION. NATIONAL STANDARDIoan-Paul CHIȘ0Assistant Professor, PhD Candidate, Faculty of Law, “Nicolae Titulescu” University, Bucharest (e-mail: chis.ioan@drept.unibuc.ro)This study is meant to reveal the legal solution in the Romanian system regarding the witness’s right not to contribute to self-incrimination. Thus, as a translation of the principle nemo testis idoneus in re sua, the Romanian legislator stipulated the witness’s right against self-incrimination under the privilege of not using his statements, in consideration of his locus standi, against him, regardless of the fact that he later on was given the status of a defendant for the same offence or whether he is a defendant in a different case, which is connected to the one where he is a witness. Likewise, the privilege of not using his statements against him, stipulated under these conditions in the criminal procedure law, seems to respond to the three difficult choices that the witness has, a premises for the necessity to formulate, on a jurisprudential bases, the witness’s right to remain silent and the right against self-incrimination.http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=1_criminal_law%2F&download=CKS_2018_criminal_law_007.pdfright to remain silentself-incriminationnemo testis idoneus in re suanational legal solution |
| spellingShingle | Ioan-Paul CHIȘ THE WITNESS’S RIGHT AGAINST SELF-INCRIMINATION. NATIONAL STANDARD Challenges of the Knowledge Society right to remain silent self-incrimination nemo testis idoneus in re sua national legal solution |
| title | THE WITNESS’S RIGHT AGAINST SELF-INCRIMINATION. NATIONAL STANDARD |
| title_full | THE WITNESS’S RIGHT AGAINST SELF-INCRIMINATION. NATIONAL STANDARD |
| title_fullStr | THE WITNESS’S RIGHT AGAINST SELF-INCRIMINATION. NATIONAL STANDARD |
| title_full_unstemmed | THE WITNESS’S RIGHT AGAINST SELF-INCRIMINATION. NATIONAL STANDARD |
| title_short | THE WITNESS’S RIGHT AGAINST SELF-INCRIMINATION. NATIONAL STANDARD |
| title_sort | witness s right against self incrimination national standard |
| topic | right to remain silent self-incrimination nemo testis idoneus in re sua national legal solution |
| url | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=1_criminal_law%2F&download=CKS_2018_criminal_law_007.pdf |
| work_keys_str_mv | AT ioanpaulchis thewitnesssrightagainstselfincriminationnationalstandard AT ioanpaulchis witnesssrightagainstselfincriminationnationalstandard |