JUDICIAL ASSISTANCE OF A WITNESS IN THE CRIMINAL TRIAL
Journal Title: Challenges of the Knowledge Society - Year 2012, Vol 2, Issue 0
Abstract
As the title suggests, this study will analyze the controversial issue of a witness’ legal assistance. The term “controversial” is used due to the fact that in the Criminal Procedure Code there is no mention of judicial assistance for a witness, only that for the defendant, injured party, civil party and the civil responsible party. Despite this lack of regulation, the Romanian Constitution and European Union legislation introduce the principle to a fair trial according to which any person involved has the right to be legally assisted. The article will begin with a short presentation of what the quality of a witness entails and what does legal assistance mean. Further on into the study, it will be demonstrated beyond any doubt that a witness can very easily become a defendant, and without proper legal assistance the fundamental principles of law can be broken. A problem can also be identified if one considers the fact that a defendant does not have to declare facts which might incriminate him, whereas the witness has to declare all that he knows, and thus he can incriminate himself. All these issues shall be dealt with in this study, as well as some propositions of lege feranda because there may be a growing need for a more rigorous regulation of this issue.
Authors and Affiliations
BOGDAN-FLORIN MICU
Keywords
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