PROTECTED WITNESS AS AN INSTRUMENT IN THE LEGAL SYSTEM

Shkumbin Leka

Abstract


A witness is any person who has information about a committed criminal act, his / her perpetrator and other important circumstances, that is data and information necessary and decisive for proving the crime. The witness receives the status of a protected witness because of the danger that threatens his life, health, physical integrity, personal or family safety. He can be heard in a special way, given a pseudonym, giving the proposition with the help of audio-visual means, with a hidden image and a changed voice.

The protection of witnesses is the protection of an endangered witness or another person involved in a trial, including defendants or other clients, before, during, and after the trial. For some witnesses protection is required until the trial is over, for some it provides a mole identity or can live in the rest of its life under the protection of power. Witness protection is usually required in trials against organized crime, where there is a risk that the witness will be intimidated by colleagues or defendants.

The protection of witnesses refers to a number of methods and measures that can be taken at all stages of the criminal procedure to ensure the safety and security of witnesses in order to ensure their co-operation and witnessing. Measures to be taken to protect witnesses should be proportionate to the threat and be time-limited.

Witness protection is a measure that can be applied to acts of organized crime, terrorism, trafficking in human beings, weapons, narcotics, crimes against the state and international law, that is, in the most severe forms of criminality.


Keywords


court proceedings, crime, danger, life, assets

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References


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