THE WITNESS’S RIGHT AGAINST SELF-INCRIMINATION. NATIONAL STANDARD
This study is meant to reveal the legal solution in the Romanian system regarding the witness’s right not to contribute to self-incrimination. Thus, as a translation of the principle nemo testis idoneus in re sua, the Romanian legislator stipulated the witness’s right against self-incrimination un...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2018-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=1_criminal_law%2F&download=CKS_2018_criminal_law_007.pdf |
| Summary: | This study is meant to reveal the legal solution in the Romanian system regarding the witness’s right not to contribute
to self-incrimination. Thus, as a translation of the principle nemo testis idoneus in re sua, the Romanian legislator stipulated
the witness’s right against self-incrimination under the privilege of not using his statements, in consideration of his locus
standi, against him, regardless of the fact that he later on was given the status of a defendant for the same offence or whether
he is a defendant in a different case, which is connected to the one where he is a witness. Likewise, the privilege of not using
his statements against him, stipulated under these conditions in the criminal procedure law, seems to respond to the three
difficult choices that the witness has, a premises for the necessity to formulate, on a jurisprudential bases, the witness’s right
to remain silent and the right against self-incrimination. |
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| ISSN: | 2068-7796 2068-7796 |