The Right to Non-self-Incrimination and the False Testimony – Comparative Law Aspects
The Right to Non-self-Incrimination and the False Testimony – Comparative Law Aspects

Author(s): Anca-Lelia Lorincz
Subject(s): Sociology of Law, Court case, Comparative Law
Published by: ADJURIS – International Academic Publisher
Keywords: the right to non-self-incrimination; false testimony; criminal codes of some European states; criminal procedure codes of some European states; unitary judicial practice;
Summary/Abstract: The present study approaches, in relation to the current realities, the issue of the consecration of the privilege against self-incrimination regarding the witness, by bringing to attention some aspects of comparative law regarding both the regulation of the right not to contribute to own accusation, and the criminalization of the act of false testimony. Using, as research methods, documentation, comparative scientific analysis and interpretation, the work presents the ways of regulating the right of the witness not to accuse himself in a series of legislations of the European states, as well as the ways of criminalizing false testimony in the same European states, to reveal the extent to which the recognition of the right not to contribute to self-incrimination is reflected in the criminal policy of these states. By taking into account these aspects of comparative law, as well as some elements of jurisprudence (both jurisprudence of the European Court of Human Rights and domestic jurisprudence), emphasizing the importance of the unification of judicial practice in criminal matters, the study concludes with the proposal of apprehension, in practice, under certain conditions, of the commission of the crime of false testimony by the de facto suspect witness who makes untrue statements.

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