ISSUES REGARDING THE RELIABILITY OF PEOPLE’S TESTIMONIES
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Abstract
This work analyses additional criteria for evaluating the reliability of the testimony of certain groups of witnesses that are not directly specified in the Criminal Procedure Code, but are formed in court practice. Case law distinguishes groups of witnesses whose reliability of testimony requires more intense (tougher) evaluation: firstly, witnesses whose reliability requires more intense (tougher) evaluation due to their personal qualities; and secondly, witnesses whose reliability requires more intense (tougher) evaluation due to their procedural status. Evaluation of the testimony of these witnesses is inseparable from additional procedures (such as the use of technical means, creating acoustic and/or visual barriers, and other factors) through which a more reliable testimony is obtained. Not least in importance is ensuring proper opportunities for the defence to carry out their procedural functions and to achieve that the judgement justification with the testimony of witnesses, testimony reliability of which requires more intense (tougher) evaluation, on the decisive extent would be last resort, not the rule, would be created.
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Section
Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
