Наказателнопроцесуални последици при упражняване на отказа от свидетелстване
Criminal procedural implications of exercising a refusal to testify

Summary/Abstract: This study examines the criminal-procedure implications of a witness’s lawful refusal to testify. It challenges the established case law, which holds that a refusal under Article 119 of the Bulgarian Code of Criminal Procedure retroactively revokes the individual’s status as a witness and requires the exclusion of any testimony previously given. The analysis also considers the case law of the European Court of Human Rights, as well as judicial practice in several European jurisdictions, with respect to the evidentiary value of statements provided before such a refusal. The study concludes by proposing specific legislative amendments to address the identified inconsistencies.

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