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Witness Protection as a Subjective Right and its Elements

Author

Listed:
  • Brkic, Snežana

    (Faculty of Law in Novi Sad, Serbia)

Abstract

The main idea of this paper is that the witness protection is a subjective, public right and is a result of protection of fundamental human rights. It is fundamental, public, individual, positive, directly relative and indirectly absolute right. The following entitlements stem from the fundamental right of witness to protection: a) entitlement to be informed about one’s right to protection; b) entitlement to demand or waive one’s right to protection; c) entitlement to withhold one’s personal details, testimony in full or answers to particular questions until the decision is made as to his request for protection; d) entitlement to two-instance decision on one’s request; e) entitlement to have a proxy; f) entitlement to enjoy protection. The analysis of procedural witness protection in the comparative law shows that the witness in some countries does not have certain entitlements. On the other side, some entitlements are generally recognized. Certain differencies are understandable and acceptable, but not all of them. It is necessary to work on the realization of all entitlements that can be derived from subjective right to witness protection.

Suggested Citation

  • Brkic, Snežana, 2010. "Witness Protection as a Subjective Right and its Elements," Annals - Juridical Science Series, Constantin Brancusi University, Faculty of Juridical Sciences, vol. 1, pages 117-140, April.
    • Handle: RePEc:cbu:jrnlju:y:2010:v:1:p:117-140
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    More about this item

    Keywords

    Witnesses protection; criminal proceedings; the right to life; subject right; right to protection;
    All these keywords.

    JEL classification:

    • K36 - Law and Economics - - Other Substantive Areas of Law - - - Family and Personal Law

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