Limitele și implicațiile practice ale dreptului martorului la tăcere și neautoincriminare
The limits and practical implications of the witness's right to silence and against self-incrimination

Summary/Abstract: This paper aims to analyze the legislative change brought to the right of the witness to silence and against self-incrimination through Law No. 201/2023. The Constitutional Court Decision No. 236/2020 led the legislator towards this legislative change, which mai be perceived, at first glance, as volatile from the perspective of the lack of clear limits in the exercise of the right to silence and against self-incrimination by the witness. Taking into account the practical application issues of a general regulation, it is important to establish the limits of this right and the necessary changes for the efficient discovery of the truth, without significantly affecting its exercise, issues that are analyzed in the present study.

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