 Witness Protection as a Subjective Right and its ElementsSnežana Brkic
Annals - Juridical Science Series, 2010, vol. 1, 117-140 Abstract: The main idea of this paper is that the witness protection is a subjective, public right and is a result of protection of fundamental human rights. It is fundamental, public, individual, positive, directly relative and indirectly absolute right. The following entitlements stem from the fundamental right of witness to protection: a) entitlement to be informed about one’s right to protection; b) entitlement to demand or waive one’s right to protection; c) entitlement to withhold one’s personal details, testimony in full or answers to particular questions until the decision is made as to his request for protection; d) entitlement to two-instance decision on one’s request; e) entitlement to have a proxy; f) entitlement to enjoy protection. The analysis of procedural witness protection in the comparative law shows that the witness in some countries does not have certain entitlements. On the other side, some entitlements are generally recognized. Certain differencies are understandable and acceptable, but not all of them. It is necessary to work on the realization of all entitlements that can be derived from subjective right to witness protection. Keywords: Witnesses protection; criminal proceedings; the right to life; subject right; right to protection (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:cbu:jrnlju:y:2010:v:1:p:117-140 Access Statistics for this article More articles in Annals - Juridical Science Series from Constantin Brancusi University, Faculty of Juridical Sciences Contact information at EDIRC. |
Is your work missing from RePEc? Here is how to contribute.
Questions or problems? Check the EconPapers FAQ or send mail to .
EconPapers is hosted by the
School of Business at Örebro University.