Defence of A Witness — General Description Cover Image
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Защитата на свидетел — обща характеристика
Defence of A Witness — General Description

Author(s): Margarita Chinova
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Софийски университет »Св. Климент Охридски«

Summary/Abstract: An attempt is made in this article to study the general features of the defence of a witness as an openal procedure institute. An analysis of the Declaration of the main principles of justice for the protection of the victims of crime and abuse of powers is made first. The second part of the exposition treats a number of practical problems. Relative suggestions are stipulated for the improvement of the institute for the protection of those persons who collaborate with the juridical bodies for the realisation of their activity. In this relation the idea is grounded that it is necessary to expand the application field of this institute as well as the scope of the real defence measures by involving not only the witnesses, but also the other citizens who render assistance to the justice. The problem, whether the interrogation of an anonymous witness infringes the principles of spontaneity, verbalizing and competitiveness, is also studied. Referring to the above an analysis is made on the European standards set forth in the European Convention for the Protection of the Human Rights and the jurisdiction of the European Court in Strasbourg. The conclusion made ascertains that the interrogation of an anonymous witness in the manner it is stipulated in the Bulgarian Penal Procedure Code synchronises with these regulations and standards. In the end there are quoted several principal resolutions of the European Court in Strasbourg, which are related to the possibility for using the testimony of anonymous witnesses to sentence the defendant.

  • Issue Year: 1999
  • Issue No: 6
  • Page Range: 56-67
  • Page Count: 12
  • Language: Bulgarian