Immunity of a close person as a witness in Criminal Procedure of Lithuania

Problem with sufficiency

Research output: Contribution to journalArticle

Abstract

This article analyzes the issues of content and scope of the immunity of a close person as a witness in criminal procedure of Lithuania. The question on sufficiency of this immunity is raised because protection of a personal and family secret in criminal proceedings depends upon it. The author also perceives uncertainty of the actual and legal status of a close person as a family member, while ascertaining and implementing one of the most important additional guarantees granted for witnesses. The following propositions are formulated: as regards witness’ immunity from obligation to testify against a member of his/her family or against his/her close relative, it is necessary to assess not only the formal aspects of the concepts “family” or “marriage”, but also the actual nature of the relations of persons who are bound by family or similar ties.
Original languageEnglish
Pages (from-to)163-177
JournalJurisprudencija: mokslo darbai
Volume117
Issue number3
Publication statusPublished - 2009

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criminal procedure
Lithuania
immunity
witness
human being
criminal proceedings
legal status
family member
guarantee
obligation
marriage
uncertainty

Keywords

  • Close person
  • Witnesses
  • Immunity
  • Criminal Procedure

Cite this

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title = "Immunity of a close person as a witness in Criminal Procedure of Lithuania: Problem with sufficiency",
abstract = "This article analyzes the issues of content and scope of the immunity of a close person as a witness in criminal procedure of Lithuania. The question on sufficiency of this immunity is raised because protection of a personal and family secret in criminal proceedings depends upon it. The author also perceives uncertainty of the actual and legal status of a close person as a family member, while ascertaining and implementing one of the most important additional guarantees granted for witnesses. The following propositions are formulated: as regards witness’ immunity from obligation to testify against a member of his/her family or against his/her close relative, it is necessary to assess not only the formal aspects of the concepts “family” or “marriage”, but also the actual nature of the relations of persons who are bound by family or similar ties.",
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issn = "1392-6195",
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AU - Jurka, Raimundas

PY - 2009

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N2 - This article analyzes the issues of content and scope of the immunity of a close person as a witness in criminal procedure of Lithuania. The question on sufficiency of this immunity is raised because protection of a personal and family secret in criminal proceedings depends upon it. The author also perceives uncertainty of the actual and legal status of a close person as a family member, while ascertaining and implementing one of the most important additional guarantees granted for witnesses. The following propositions are formulated: as regards witness’ immunity from obligation to testify against a member of his/her family or against his/her close relative, it is necessary to assess not only the formal aspects of the concepts “family” or “marriage”, but also the actual nature of the relations of persons who are bound by family or similar ties.

AB - This article analyzes the issues of content and scope of the immunity of a close person as a witness in criminal procedure of Lithuania. The question on sufficiency of this immunity is raised because protection of a personal and family secret in criminal proceedings depends upon it. The author also perceives uncertainty of the actual and legal status of a close person as a family member, while ascertaining and implementing one of the most important additional guarantees granted for witnesses. The following propositions are formulated: as regards witness’ immunity from obligation to testify against a member of his/her family or against his/her close relative, it is necessary to assess not only the formal aspects of the concepts “family” or “marriage”, but also the actual nature of the relations of persons who are bound by family or similar ties.

KW - Close person

KW - Witnesses

KW - Immunity

KW - Criminal Procedure

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JO - Jurisprudencija: mokslo darbai

JF - Jurisprudencija: mokslo darbai

SN - 1392-6195

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ER -