The issue of testimony of bad faith in the criminal trial

Author:Ioan Micle
Position:Faculty of Humanities and Social Sciences
Pages:49-56
SUMMARY

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... (see full summary)

 
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AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs
ISSN 1843-570X, E-ISSN 2067-7677
No. 2 (2018), pp. 49-56
49
THE ISSUE OF TESTIMONY OF BAD FAITH IN THE CRIMINAL TRIAL
I.MICLE
Ioan MICLE, PhD
Faculty of Humanities and Social Sciences
Aurel Vlaicu University of Arad
Corespondence: Ioan Micle, Agora University of Oradea, 8 Piaţa Tineretului St., Oradea,
Romania
E-mail: ijjs@univagora.ro
SUMMARY
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
KEYWORDS; witness, judiciary, statements, perception, sensations, circumstances,
good faith, etc.
1. ELEMENTS OF TESTIMONY IN RELATION TO THE PERCEPTION OF
FACTS AND FACTUAL CIRCUMSTANCES
The initial moment of the testimony as an act of knowledge is the perceptive moment
by which the witness becomes aware of the fact that he will later report to the criminal
investigation bodies.
1
They can be heard as a witness in accordance with the provisions of art.
114 of the Code of Criminal Procedure any person who is aware of factual facts constituting
evidence in the criminal case. Any person cited as a witness has the following obligations:
a) to appear before the judicial body that cited it at the place, day and hour appearing
in the summons; b) to take an oath or a solemn declaration before the court;
c) to tell the truth.
I can not object to the witness statement those facts or circumstances whose secrecy or
confidentiality may be opposed by law to the judicial bodies. However, they may be the
subject of a witness statement if the competent authority or person entitled to do so or when
there is another legal cause to remove the obligation of secrecy or confidentiality.
Have the right to refuse to be heard as a witness by the following persons: a) the
spouse, ascendants and descendants in direct line, as well as the brothers and sisters of the
suspect or defendant; b) persons who have been the spouse or suspect's spouse. During
1
E. Stancu, „Tratat de criminalistică\ Ed. Actami, Bucureşti 200 p. 433.

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