The Protection of the Witness as a Risk for the Rights of Defense in the Criminal Procedure
The Protection of the Witness as a Risk for the Rights of Defense in the Criminal Procedure
Author(s): Nataša TodorovskaSubject(s): Criminal Law, Criminology, Studies in violence and power, Victimology, Sociology of Law
Published by: Udruženje “Pravnik”
Keywords: protected witness; national legislation; defense; organized crime;
Summary/Abstract: The necessity of implementation of witness protection system is undisputable given the increasing organized crime and other severe criminal acts being perpetrated in our country as well. This is so owing to the expansion of new, more sophisticated forms of crime, and increasing violence and witness intimidation. Therefore, witness protection is one of the most important instruments for achieving justice in a modern society where many various forms of organized crime occur. The rights of the defense in a situation where guilt is proven through a protected witness are of particular interest in several aspects. First, the source of the threat should be analyzed, further the connection between the witness and the defendant, in the end, the possibility that the witness will be key proof, and the defense does not have the right to object.
Journal: International Journal on Rule of Law, Transitional Justice and Human Rights
- Issue Year: 8/2017
- Issue No: 8
- Page Range: 88-97
- Page Count: 10
- Language: English