Comparative analysis of the institutions of threatened witness, respectively of witness with protected identity, and the transitory situation arisen after the entry into force of the new Criminal Procedure Code Cover Image
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Analiza comparativă a instituțiilor martorului amenințat, respectiv martor cu identitate protejată, și situația tranzitorie ivită după intrarea în vigoare a noului Cod de procedură penală
Comparative analysis of the institutions of threatened witness, respectively of witness with protected identity, and the transitory situation arisen after the entry into force of the new Criminal Procedure Code

Author(s): Bogdan Micu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: witness with protected identity; threatened witness; transitory situation; criminal trial; hearing the witness.

Summary/Abstract: Finding the truth in the criminal trial sometimes requires the hearing as witnesses of some persons who know of factual elements referring to the object of the case. In order that the statements given by these persons should not be influenced by factors of pressure exercised on them, the criminal processual legislation has also instituted some special measures to protect the persons that are going to be heard in this capacity in the criminal trial, being also created special categories, such as the category of threatened witness, of vulnerable witness and of witness included in the witness protection program. This study deals with the transitory situation arisen after the entry into force of the new Criminal Procedure Code where the witness, to whom the status of witnesses with protected identity in the criminal prosecution phase has been granted in accordance with the provisions of the previous Criminal Procedure Code, is heard in the trial phase after the entry into force of the new Code.

  • Issue Year: 2016
  • Issue No: 01
  • Page Range: 138-145
  • Page Count: 8
  • Language: Romanian