Audierea martorului cu identitate protejată – succinte considerații teoretice
Hearing the identity protected witness – brief theoretical considerations

Summary/Abstract: Reasons aimed at protecting people who became aware of factual aspects that can contribute to finding out the truth in a criminal case, were the basis of the regulation of the evidentiary procedure of hearing the protected identity witness. By the instrumentality of such a procedure, the legislator managed to establish a balance between the need to discover and prove facts of a criminal nature, on the one hand, and the need to protect the interviewed persons, facing concrete risks to which they are subjected by collaborating with judicial bodies, on the other hand. However, as we have shown in the study below, the specific characteristics of each individual case are likely to challenge the judicial bodies to interpret and apply the criminal procedural provisions in the most effective possible manner, without violating the procedural rights of the other parties.

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