ASPECTS OF FORENSIC TACTICS IN THE CASE OF LISTENING TO WITNESSES

Nicolae Mărgărit ()
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Nicolae Mărgărit: „Bioterra†University of Bucharest, Lawyer in the Bucharest Bar Association, Romania

Perspectives of Law and Public Administration, 2020, vol. 9, issue 2, 262-272

Abstract: The means of proof used in criminal cases differ depending on the content of the crime and the circumstances in which it was committed. Each means of proof has its own administration procedures. Thus, the means of proof is a legal category that designates the ways or operations by which the content of the evidence is discovered and valued under the law. The witness's statement, as a means of proof, has been known since ancient times, and can be considered the first means of proof used in judicial probation, because in the periods when those who were literate were few. The doctrine has shown that witnesses are the "eyes and ears" of justice. The reports made by the witnesses, the criminal investigation or court bodies have acquired over time different names: testimonies, testimonial evidence, witness testimony, witness testimony, witness statements, etc. In the Romanian criminal trial, in the current regulation made by the new Code of Criminal Procedure, Art. 97, this means of proof is called the statements of witnesses. The new Code of Criminal Procedure defines the notion of witness as the person who has knowledge of facts or circumstances of fact that constitute the evidence in the criminal case Art. 114. to obtain written evidence were witnesses.

Keywords: defendant; reading witness psychology; hearing; determining questions; hypothetical questions; repeat hearing; criminalistics tactics. (search for similar items in EconPapers)
JEL-codes: K14 K41 (search for similar items in EconPapers)
Date: 2020
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