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...

Ausführliche Beschreibung

Gespeichert in:
Bibliographische Detailangaben
Veröffentlicht in:Challenges of the Knowledge Society 2017-05, Vol.7 (-), p.48-52
1. Verfasser: Damaschin, Mircea
Format: Artikel
Sprache:eng
Schlagworte:
Online-Zugang:Volltext
Tags: Tag hinzufügen
Keine Tags, Fügen Sie den ersten Tag hinzu!
Beschreibung
Zusammenfassung: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).
ISSN:2068-7796
2359-9227
2068-7796