Open AccessTHE ISSUE OF TESTIMONY OF BAD FAITH IN THE CRIMINAL TRIAL
Author(s) -
Ioan Micle
Publication year - 2018
Publication title -
agora international journal of juridical sciences
Language(s) - English
Resource type - Journals
eISSN - 2067-7677
pISSN - 1843-570X
DOI - 10.15837/aijjs.v12i2.3466
Subject(s) - witness , credibility , bad faith , subject (documents) , quality (philosophy) , law , faith , cross examination , criminal trial , order (exchange) , psychology , political science , social psychology , epistemology , computer science , business , philosophy , finance , library science
The quality of the witness takes precedence over the status of expert or lawyer, mediator or representative of one of the parties or of a main procedural subject, regarding the facts and factual circumstances that the person knew before acquiring this quality. Persons who are in a situation that reasonably doubts their ability to witness are only heard when the judiciary finds that the person is capable of consciously telling facts and factual circumstances in line with reality. In order to decide on a person's ability to be a witness, the judicial body shall, upon request or ex officio, have any necessary examination, by the means provided by law. The witness is heard on facts or factual circumstances that are the subject of the probation in the case in which he was quoted. Witness hearing can be extended to all circumstances necessary to verify its credibility