The Witness's Right to Silence and Non Self Incrimination. Case-law: Considerations on the Scope of the Concept of Witness
This paper aims to present the witness's right to silence and the right to non-self-incrimination, with reference to the legal regulations, as they were interpreted in the jurisprudence of the ECHR, the Romanian Constitutional Court and the Romanian High Court of Cassation and Justice. In this...
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| Format: | Article |
| Language: | English |
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Transilvania University of Brasov Publishing House
2024-12-01
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| Series: | Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law |
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| Online Access: | https://webbut.unitbv.ro/index.php/Series_VII/article/view/8856/6224 |
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| author | Gabriela-Nicoleta Chihaia |
| author_facet | Gabriela-Nicoleta Chihaia |
| author_sort | Gabriela-Nicoleta Chihaia |
| collection | DOAJ |
| description | This paper aims to present the witness's right to silence and the right to non-self-incrimination, with reference to the legal regulations, as they were interpreted in the jurisprudence of the ECHR, the Romanian Constitutional Court and the Romanian High Court of Cassation and Justice. In this regard, it is important to first of all delimit the scope of the concept of witness, which also includes assimilated witnesses. On the other hand, it is equally important to emphasize the solutions to which the application of this right may lead in practice, in the absence of an express regulation in Romanian law. |
| format | Article |
| id | doaj-art-5651f31dba6b4b6d91eed4e423566374 |
| institution | DOAJ |
| issn | 2066-7701 2971-9410 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Transilvania University of Brasov Publishing House |
| record_format | Article |
| series | Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law |
| spelling | doaj-art-5651f31dba6b4b6d91eed4e4235663742025-08-20T02:55:10ZengTransilvania University of Brasov Publishing HouseBulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law2066-77012971-94102024-12-0117(66)Special Issue205214https://doi.org/10.31926/but.ssl.2024.17.66.3.24The Witness's Right to Silence and Non Self Incrimination. Case-law: Considerations on the Scope of the Concept of WitnessGabriela-Nicoleta Chihaia0Brasov Appeal Court, RomaniaThis paper aims to present the witness's right to silence and the right to non-self-incrimination, with reference to the legal regulations, as they were interpreted in the jurisprudence of the ECHR, the Romanian Constitutional Court and the Romanian High Court of Cassation and Justice. In this regard, it is important to first of all delimit the scope of the concept of witness, which also includes assimilated witnesses. On the other hand, it is equally important to emphasize the solutions to which the application of this right may lead in practice, in the absence of an express regulation in Romanian law.https://webbut.unitbv.ro/index.php/Series_VII/article/view/8856/6224witnessright to silencenon-self-incriminationassimilated witnesscase law |
| spellingShingle | Gabriela-Nicoleta Chihaia The Witness's Right to Silence and Non Self Incrimination. Case-law: Considerations on the Scope of the Concept of Witness Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law witness right to silence non-self-incrimination assimilated witness case law |
| title | The Witness's Right to Silence and Non Self Incrimination. Case-law: Considerations on the Scope of the Concept of Witness |
| title_full | The Witness's Right to Silence and Non Self Incrimination. Case-law: Considerations on the Scope of the Concept of Witness |
| title_fullStr | The Witness's Right to Silence and Non Self Incrimination. Case-law: Considerations on the Scope of the Concept of Witness |
| title_full_unstemmed | The Witness's Right to Silence and Non Self Incrimination. Case-law: Considerations on the Scope of the Concept of Witness |
| title_short | The Witness's Right to Silence and Non Self Incrimination. Case-law: Considerations on the Scope of the Concept of Witness |
| title_sort | witness s right to silence and non self incrimination case law considerations on the scope of the concept of witness |
| topic | witness right to silence non-self-incrimination assimilated witness case law |
| url | https://webbut.unitbv.ro/index.php/Series_VII/article/view/8856/6224 |
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