مبرارت الامتناع عن الشهادة أمام المحكمة الجنائية في التشريع البحريني والمقارن Justification for Refraining from Testifying before the Criminal Court in Bahraini and Comparative Legislation | ||||
| المجلة الدولية للعلوم القانونية و المعلوماتية | ||||
| Volume 1, Issue 1, July 2018, Page 187-205 PDF (381.43 K) | ||||
| Document Type: المقالة الأصلية | ||||
| DOI: 10.21608/ijslc.2018.201037 | ||||
 View on SCiNiTO | ||||
| Author | ||||
| Ali Hassan Altawalba | ||||
| Legal Adviser, Shura Council-Kingdom of Bahrain | ||||
| Abstract | ||||
| To give a testimony in criminal cases is considered one of the most important evidences in the verification process; it is not of less importance than the written evidence in civil cases. Moreover, it is often considered the sole evidence because crimes are tangible incidences, which cannot be proven without testimony in most cases. The research revealed that the witness can refuse to testify under the pretence of profession secrets if obliged not to disclose them, or refuse to testify because it opposes to his status as a witness, or being next of kin to the offender or the defendant to a certain degree, as being main family member or blood relation, or refuse to testify because of the fear of criminals and influential people. Some legislations have put real efforts to develop solutions for the latter situation; that they devised witnesses protection programs to encourage them to come forward to testify. | ||||
| Keywords | ||||
| Witness; Witnesses; Witness relocation; Exclusion of witnesses; Hearing of witnesses; Witness protection | ||||
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