A few considerations regarding witness hearing according to the New Penal Procedure Code
A few considerations regarding witness hearing according to the New Penal Procedure Code

Summary/Abstract: The testimony of the witness is part of the means of proof provided for in art. 97, paragraph 2 CPP.Even though in the colloquial legal language, the notion of "proof" is often used in both the sense of evidence and the means of proof, in essence, they are two distinct notions, as evidence is those factual elements that serve to find the truth., and the means of evidence represent the means by which these elements can be ascertained.Essentially, the means of proof, so the "Witness statement" represents the source of the evidence, a source that manages to bring to light the evidence being, at the same time, a way of acquiring the knowledge that can be obtained after administering the evidence.In criminal proceedings, witness statements have a relative character, the testimony being sometimes fragile, sometimes misleading, and with a random probative value. It is not to be understood that the witness of a bad faith, the one who can commit the crime of lying testimony, is randomly targeted, but the witness of good faith, who by the benefit can contribute to finding out the truth in question.Since the witness is the natural person who knows the factual situation and who testifies, there is a condition regarding the acquisition of the quality of witness, a con¬dition aimed at knowing the facts that can serve as evidence in criminal cases and which the witness highlights in front of the judicial bodies.The Criminal Procedure Code does not impose prohibitions on the quality of the witness, on the contrary, it gives priority to the quality of the witness compared to other procedural qualities.However, the main parties and procedural subjects do not have the capacity to witness as they have an interest in resolving the case.If a person has acquired the quality of part or main procedural subject, he can no longer be a witness, and the person who does not acquire this quality can be heard as a witness.In the event that a person has suffered a physical, moral or material injury and does not wish to participate in the criminal trial that an injured person can be heard as a witness, after having brought this matter to the attention of the judicial body.

• Details
• Contents