WITNESS AS PARTICIPANT IN THE CRIMINAL PROCEEDINGS
WITNESS AS PARTICIPANT IN THE CRIMINAL PROCEEDINGS

Summary/Abstract: In modern society characterized by globalization processes and continuous development of technique and technology, unfortunately there is a progress of organized crime and commission of a variety of criminal acts. States on domestic and international level strive to provide conditions for the most effective fight against crime through normative approach. The legal and correct way to fight perpetrators of crimes is criminal prosecution, where any form of assistance to state authorities represents a great support. Testimony is one of the most important ways of gathering evidence in criminal proceedings. Therefore, author deals with witness as a person who possesses certain knowledge about committed crime and perpetrator. Author defines the term witness and indicates the importance of testimony for a legal court decision. Also, the paper describes examination process and highlights the necessity of witness protection during criminal proceedings. In this sense, the roll of the state authorities is pointed out, which have the task of providing conditions for the witness to feel comfortable during testimony, that will result in obtaining useful information on the basis of which the criminal sanction prescribed by the law will be imposed on the accused person. Testimony is rightfully considered one of the most important means of gathering evidence and its application goes back to the distant past. During the criminal proceedings witness has the obligation to tell nothing but the truth, which will ensure conditions for the court to make a legal verdict. Therefore, it is not surprising that in XXI century there is a whole series of rights and obligations that regulate the position of witness, as well as other subjects that are part of the criminal proceedings. By providing guarantees to the witness that he/she will feel safe during the testimony the state simultaneously sends message that it has necessary capacity to provide protection to persons who decide to give assistance to competent institutions in the fight against organized crime and all other illegal acts.

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