Свидетелските показания във френския наказателен процес
WITNESS TESTIMONY IN FRENCH CRIMINAL PROCEDURAL LAW

Summary/Abstract: The present study is devoted to the peculiarities of the French criminal process. A comparison was made with the Bulgarian Criminal Procedure Code and the main differences in the collection and evaluation of witness statements were highlighted. The possibility of depriving the right to testify in the French criminal trial and some specific figures such as the assisted witness were discussed. The object of analysis is the essence and nature of the oath taken before testifying, the circle of persons who do not swear to speak only the truth, due to the close relationship with the defendant defined by law, their young age or brought against the defendant civil claim, the reasons for that and their probative value. The specifics of the reading and admission into evidence of witness statements provided during the police investigation phase and the investigation phase by the investigating judge under the discretionary powers of the court in France are outlined. Some good practices in collecting statements from minor witnesses are commented on, which would lead to avoiding re-victimization and improving the quality of the collected information, such as making a video recording, giving the witness the opportunity to indicate instead of his personal address that of the police department or introduction a legal assistance dog to accompany the injured minor witness during his testimony. Proposals were made for improving the Bulgarian legislation.

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