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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Main Author: Ioan-Paul CHIȘ
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2018-05-01
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.
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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
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