The witness's right to silence. Use of witness statements in violation of the right to silence. Relative invalidity

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

Witness statements made by the defendants prior to acquiring this capacity, under oath and under criminal sanction, by exploiting the witness's legal procedural obligation to testify and subsequently using the statements against them, constitute a case of procedural coercion in which the provisions of Article 101 para. (1) of the Criminal Procedure Code, which prohibit any form of coercion in the taking of evidence.

According to Article 102 para. (3) of the Criminal Procedure Code, these statements must be excluded as unfairly administered, with the consequence of annulling the procedural acts concerning the administration of these witness statements - used in violation of art. 118 of the Criminal Procedure Code - consisting of the respective witness statements given by the defendants prior to acquiring this capacity.