| Abstract [eng] |
In order to achieve the goals of penal process, i.e. to reveal criminal activity quickly and precisely, to apply properly penal law, to punish person who did criminal activity rightly, one of the most common and important actions during pretrial investigation and analyzing of proves in court is interrogation of witnesses. Legal norms of penal code provide peculiarities of witnessing of certain categories of witnesses. These peculiarities of witnessing can be evaluated in two aspects. First of all, peculiarity of witnessing can be understood as wholeness of penal code’s legal norms where it is indicated the right of person to refuse testifying or prohibition to interrogate particular persons who acquired significant information under special circumstances. It must be noted that PPC gives final list of persons to whom can be applied immunity of witnessing, therefore, in order to secure social and personal interests, the list should be appended with one more group of persons – individuals who are working with state or office secrets should also receive immunity of witnessing regarding such information, which constitutes state or office secret. Secondly, legal norms of penal process provide special rules of witness interrogation for persons, interrogation of whom can make damage or because of their post they need protection. Special rules of interrogation in PPC provide that President of the Republic, under-age children and other persons indicated in PPC should be interrogated anonymously. The main problem, faced in practice, when interrogating these persons as witnesses is coordination of witness’s interests and suspect’s right to self-defence, not violating any of them. In this paper are discussed all these peculiarities of testimony and their main aspects. |
