REFLECTIONS REGARDING THE WITNESS'S RIGHT AGAINST SELF-INCRIMINATION
Considered for a long time as the „eyes and ears of justice″, the witness has become a procedural subject around which several controversies have arisen since the entry into effect of Law no. 135/2010 on the Criminal Procedure Code. The suspected witness, the one against whom further criminal prose...
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| Language: | English |
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Nicolae Titulescu University Publishing House
2023-06-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/download/cks_2023_articles%252F1_CKS_2023_CRIMINAL_LAW%252FCKS_2023_CRIMINAL_LAW_003.pdf |
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| author | Luminița CRIȘTIU-NINU Cătălin-Nicolae MAGDALENA |
| author_facet | Luminița CRIȘTIU-NINU Cătălin-Nicolae MAGDALENA |
| author_sort | Luminița CRIȘTIU-NINU |
| collection | DOAJ |
| description | Considered for a long time as the „eyes and ears of justice″, the witness has become a procedural subject around which several controversies have arisen since the entry into effect of Law no. 135/2010 on the Criminal Procedure Code.
The suspected witness, the one against whom further criminal prosecution has not yet been ordered, has acquired a distinct position, shaped by the ECtHR jurisprudence and redefined by CCR dec. no. 236/2020. Although the ECtHR has repeatedly ruled that the guarantees of fairness in proceedings apply once an accusation is formulated, it has also recognized these same guarantees for individuals who are heard as witnesses, but are simultaneously suspected of committing offenses.
Even after the official release of the constitutional court’s decision, there are a series of aspects that automatically, are rising debates and controversies, with the most important one being whether there is a genuine right for the witness to remain silent. Has the phrase „cannot be used against them″ in art. 118 CPP become predictable and, at the same time, a barrier against potential abuses? Can a „right to silence and non-self-incrimination″ be recognized ab initio?
The balance between the general interest of a fair conduct of the criminal proceedings and the rights of the „suspected″ witness has required and continues to require practical solutions from the judicial authorities, ensuring that the right to defense and the right to a fair trial are respected. |
| format | Article |
| id | doaj-art-eaafd6ae59be4a8a9d23c39584567ea9 |
| institution | Kabale University |
| issn | 2068-7796 |
| language | English |
| publishDate | 2023-06-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-eaafd6ae59be4a8a9d23c39584567ea92025-01-02T22:39:23ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962023-06-011613143REFLECTIONS REGARDING THE WITNESS'S RIGHT AGAINST SELF-INCRIMINATIONLuminița CRIȘTIU-NINU0Cătălin-Nicolae MAGDALENA1Lecturer PhD, Faculty of Law, „Nicolae Titulescu” University of Bucharest (e-mail: luminita.cristiu@scj.ro).PhD Candidate, Faculty of Law, „Nicolae Titulescu” University of Bucharest (e-mail: magdalena.catalin@gmail.com).Considered for a long time as the „eyes and ears of justice″, the witness has become a procedural subject around which several controversies have arisen since the entry into effect of Law no. 135/2010 on the Criminal Procedure Code. The suspected witness, the one against whom further criminal prosecution has not yet been ordered, has acquired a distinct position, shaped by the ECtHR jurisprudence and redefined by CCR dec. no. 236/2020. Although the ECtHR has repeatedly ruled that the guarantees of fairness in proceedings apply once an accusation is formulated, it has also recognized these same guarantees for individuals who are heard as witnesses, but are simultaneously suspected of committing offenses. Even after the official release of the constitutional court’s decision, there are a series of aspects that automatically, are rising debates and controversies, with the most important one being whether there is a genuine right for the witness to remain silent. Has the phrase „cannot be used against them″ in art. 118 CPP become predictable and, at the same time, a barrier against potential abuses? Can a „right to silence and non-self-incrimination″ be recognized ab initio? The balance between the general interest of a fair conduct of the criminal proceedings and the rights of the „suspected″ witness has required and continues to require practical solutions from the judicial authorities, ensuring that the right to defense and the right to a fair trial are respected.http://cks.univnt.ro/download/cks_2023_articles%252F1_CKS_2023_CRIMINAL_LAW%252FCKS_2023_CRIMINAL_LAW_003.pdfcriminal casewitnessstatementprivilege against self-incriminationright to remain silentperjury |
| spellingShingle | Luminița CRIȘTIU-NINU Cătălin-Nicolae MAGDALENA REFLECTIONS REGARDING THE WITNESS'S RIGHT AGAINST SELF-INCRIMINATION Challenges of the Knowledge Society criminal case witness statement privilege against self-incrimination right to remain silent perjury |
| title | REFLECTIONS REGARDING THE WITNESS'S RIGHT AGAINST SELF-INCRIMINATION |
| title_full | REFLECTIONS REGARDING THE WITNESS'S RIGHT AGAINST SELF-INCRIMINATION |
| title_fullStr | REFLECTIONS REGARDING THE WITNESS'S RIGHT AGAINST SELF-INCRIMINATION |
| title_full_unstemmed | REFLECTIONS REGARDING THE WITNESS'S RIGHT AGAINST SELF-INCRIMINATION |
| title_short | REFLECTIONS REGARDING THE WITNESS'S RIGHT AGAINST SELF-INCRIMINATION |
| title_sort | reflections regarding the witness s right against self incrimination |
| topic | criminal case witness statement privilege against self-incrimination right to remain silent perjury |
| url | http://cks.univnt.ro/download/cks_2023_articles%252F1_CKS_2023_CRIMINAL_LAW%252FCKS_2023_CRIMINAL_LAW_003.pdf |
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