| Title |
Specialusis liudytojas – tarp liudytojo ir įtariamojo? / |
| Translation of Title |
“Special witness” - between a witness and suspect? |
| Authors |
Juozapavičius, Audrius |
| DOI |
10.15388/Teise.2020.114.2 |
| Full Text |
|
| Is Part of |
Teisė.. Vilnius : Vilniaus universiteto leidykla. 2020, t. 114, p. 26-48.. ISSN 1392-1274. eISSN 2424-6050 |
| Keywords [eng] |
special witness ; witness ; suspect ; privilege against self-incrimination |
| Abstract [eng] |
Since 01-09-2007 Article 80 § 1 of the CCP provides that persons who might give testimony about their own possibly criminal activity cannot be questioned as witnesses unless they agree to be thus questioned. Article 82 § 3 of the CCP provides that when such persons are questioned, they have a right to legal representation and to ask that they be granted the status of a suspect, and they are exempt from liability for refusing to testify or giving false testimony. In legal practice, such a person is called a “special witness”. However, until now neither legal practice nor doctrine has thoroughly explai-ned about status of a “special witness”, its relation to the witness and suspect, what was the purpose of the regulation, etc. By analysing factual ground for becoming “special witness”, its legal status, the author comes to a conclusion that a “special witness” is a person who has initial suspicion in personam and rights common to a suspect – not to testify (remain silent), not to answer particular questions and give false testimonies. Such a person does not comply with the concept of a witness and complies with the concept of a factual suspect. The status of “special witness” causes more damage to the person than gives him benefits; the rules of “special witness” do not contribute to strengthening the privilege against self-incrimination, thus they are unjustified. |
| Published |
Vilnius : Vilniaus universiteto leidykla |
| Type |
Journal article |
| Language |
Lithuanian |
| Publication date |
2020 |
| CC license |
|
