The Protection of Vulnerable Witnesses in Criminal Procedure Cover Image

Zaštita osjetljivih svjedoka u krivičnom postupku
The Protection of Vulnerable Witnesses in Criminal Procedure

Author(s): Denis Pajić
Subject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: criminal procedure; vulnerable witnesses; witness protection; victims of crimes; the right to protection

Summary/Abstract: Modern criminal procedures, regardless of which type of procedure is concerned, have recently been required to pay more attention to witness protection. In accordance with this demand, more and more legislations have incorporated in their laws on criminal procedures provisions with the goal to improve the position of witnesses in criminal procedures, increase the level of their personal security and decrease all types of procedures which can harm their mental health. At the same time, other legal acts and subordinate provisions which regulate this subject matter have been passed. In this way, the position of witnesses has been changing from an ordinary means of evidence to a subject of criminal procedure with wider scope of rights, and the right to protection as a priority. The author indicates modern trends in the field of the protection of vulnerable witnesses in criminal procedure on international level. He also focuses on the influence of international documents dealing with this subject matter in improving the position of witnesses in national legislations. At the same time he indicates the importance of early recognition of witnesses’ vulnerability and analyses the preconditions for application of certain procedural measures for vulnerable witness protection.

  • Issue Year: 3/2010
  • Issue No: 06
  • Page Range: 93-116
  • Page Count: 24
  • Language: Bosnian