Immunities of the witness and witnessing in the criminal procedure: the problem of identity and relation.
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The article deals with the discussion of the concept and implementation of immunities of the witness in the criminal proceedings in abstracto. The problem is whether the additional guarantee of protection of the witness’ procedural interests, which is fixed in the Law of the Criminal Procedure, is appropriately methodologically regulated, or whether certain immunities of the witness are appropriately perceived and applied in practice, is raised in the present article. Through this reason, the author, searching for the answers to these questions—how is all this and how must all this be?—singles out, in abstracto, two elements of immunities of the witness, in concreto—the immunities of the witness and witnessing. It would seem that these protective guarantees are similar in principle. The analysis of this article allows for the answer that they are analogous from the point of view of their value. However, they differ by the mechanisms of implementation. According to the author, the immunity of the witness protects the person from becoming a witness, whereas the immunity of witnessing secures protection from witnessing, which may cause harm to the witness himself/ herself. Accordingly, it also determines the need not only to analyze these two elements, but their interrelation and interrelations as well.
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