Witness Testimony in Criminal Proceedings: Reliability & Procedures
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Witnesses and Witness Statements
Witness statements are crucial in criminal investigations and trials. They serve as essential evidence, especially when a defendant's confession is inadmissible. A witness provides an oral declaration of knowledge about relevant facts. While common, witness evidence has relative reliability, and conclusions may be questioned.
Witness Role and Obligations
A witness is a third party summoned by the court to provide a statement about past events relevant to the criminal process. The witness's role is acquired through a subpoena, following legal formalities. Witnesses are unaware of the rights heard in the process and cannot be the accused parties.
Witness Duties and Exemptions
Witnesses have a duty to appear and testify at the judiciary's seat unless physically disabled or if it endangers their life. Exempted are the Royal Family, the President, cabinet members, and Presidents of the Congress and Senate if their knowledge comes from their official capacity; they may submit a written report. Declarations are usually oral. Refusal to testify results in penalties (fines of 200 to 5,000 euros). Exemptions include physical or mental disability, self-incrimination, kinship, and confidentiality. If the court perceives a serious danger to the witness or their family, protective measures can be ordered, including identity concealment.
Witness Statements and Trial Procedures
Witness statements are given at the trial location. Witnesses must remain until called to testify, without communicating with others who have testified. Before testifying, witnesses take an oath. Answers are oral, and the judge will not allow leading, suggestive, or vexatious questions.
Confrontation
Confrontation involves a face-to-face meeting between two or more people to test witness statements or clarify facts when prior statements are discordant. It is an exceptional measure, used when no other means exist to verify the crime or the accused's guilt.