The issue of testimony of bad faith in the criminal trial

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

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

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E. Stancu, „Tratat de criminalistică\ Ed. Actami, Bucureşti 200 p. 433.