| Abstract [eng] |
The Master's paper analyses the measures for the protection of witnesses and victims against criminal influence: procedural, as provided for in the Code of Criminal Procedure (e.g. the institute of anonymity); and non-procedural, as provided for in the Law on Protection Against Criminal Influence. The procedural safeguards listed in the Code of Criminal Procedure constitute the institute of witness or victim anonymity. Anonymity in criminal proceedings is a special procedural protection measure whose main purpose is to protect participants in the proceedings, such as a witness or a victim, from criminal influence during criminal proceedings. It also aims to obtain from these participants the most reliable, complete and truthful testimony necessary for the criminal proceedings. The institution of anonymity provided for in the Code of Criminal Procedure is of two types, i.e. full anonymity and partial anonymity. The distinction between the types of anonymity depends not only on the amount or nature of the information to be classified, but also on the nature of the rights and interests sought to be protected, the range of anonymous subjects, the seriousness of the offences and other circumstances. When assessing the sufficiency of the evidence, the court must take into account the provision of Article 301(2) of the Code of Criminal Procedure, which prohibits a conviction from being based solely on the testimony of victims or anonymous witnesses. The testimony of such persons can only be relied upon in support of a conviction if it is corroborated by other evidence. The Code of Criminal Procedure contains a number of provisions designed to protect the victim or witness from any adverse effects and to ensure a fair trial in which the reliability of evidence is guaranteed and, at the same time, the interests of the individual are protected. |
