Logo
Nazad
0 2005.

Measures of witness protection through preventing the physical encounter of accused and witness

The paper analyzes measures of witness protection through preventing the physical encounter of accused and witness. They can be directed to the physical putting out of action of intimidation and retaliation, but also to the protecting the physical integrity of witness, in other words to the preventing his secondary victimization. This kind of measures of witness protection can be related to the rules of evidence and to the process coercion. Some legislatures exclude the possibility of confrontation witnesses with the accused in interest of witness protection. It is especially desirable by children and other vulnerable witnesses. Somewhere, the prohibition of confrontation is limited to the criminal offences against sexual integrity. Contribution to the witness protection is also such kind of organization of recognition that person who is recognized can not see and hear the person who perform the recognition. The temporary removing of the accused from a courtroom can also be the measure in function of witness protection. It is also provided for judges duty to inform the accused about process after his return at the session. Sometimes the legislatures issue the victims right to safe place of waiting to hearing. Finally, we have a hearing by video - conference and close circuit television. Primary goal is elimination of negative consequences the courts at morpheme. It can be possibility or duty. This measure is not exception to the principle of immediacy. Some general institutions with regard to process coercion can also be in function of witness protection. There are detention on account of influence on witnesses, prohibition of meeting with certain persons and obligatory notice about releasing accused from detention.


Pretplatite se na novosti o BH Akademskom Imeniku

Ova stranica koristi kolačiće da bi vam pružila najbolje iskustvo

Saznaj više