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

نوع المستند : المقالة الأصلية

المؤلف

Legal Adviser, Shura Council-Kingdom of Bahrain

المستخلص

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.

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