Immunity of a close person as a witness in Criminal Procedure of Lithuania: Problem with sufficiency

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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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Keywords

  • Close person
  • Witnesses
  • Immunity
  • Criminal Procedure

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