Traduction de «witness for the accused » (Anglais → Français) :

In order to reach consensus, the competent authorities should consider all relevant criteria, which may include those set out in the Guidelines, which were published in the Eurojust Annual Report 2003, and take into account of for example the place where the major part of the criminality occurred, the place where the majority of the loss was sustained, the location of the suspected or accused person and possibilities for securing his/her surrender or extradition to other jurisdictions, the nationality or residence of the suspected or accused person, significant interests of the suspected or accused person, significant interests of vi ...[+++]ctims and witnesses, the admissibility of evidence or any delays that may occur.

Such acts should at least include identity parades, at which the suspect or accused person figures among other persons in order to be identified by a victim or witness; confrontations, where a suspect or accused person is brought together with one or more witnesses or victims where there is disagreement between them on important facts or issues; and reconstructions of the scene of a crime in the presence of the suspect or accused ...[+++] person, in order to better understand the manner and circumstances under which a crime was committed and to be able to ask specific questions to the suspect or accused person.

Where a person other than a suspect or accused person, such as a witness, becomes a suspect or accused person, that person should be protected against self-incrimination and has the right to remain silent, as confirmed by the case-law of the European Court of Human Rights.

In order to reach consensus, the competent authorities should consider relevant criteria, which may include those set out in the Guidelines which were published in the Eurojust Annual Report 2003 and which were drawn up for the needs of practitioners, and take into account for example the place where the major part of the criminality occurred, the place where the majority of the loss was sustained, the location of the suspected or accused person and possibilities for securing its surrender or extradition to other jurisdictions, the nationality or residence of the suspected or accused person, significant interests of the suspected or accu ...[+++]sed person, significant interests of victims and witnesses, the admissibility of evidence or any delays that may occur.

It will consider the relationship between the witness and the accused, the age of the witness, and other factors in determining, for example, whether to allow a support person to accompany the witness, whether to permit the witness to testify by closed-circuit TV or from behind a screen, and whether to prohibit a self-represented accused from personally cross-examining the witness.

(19) Any person heard by the competent authority in a different capacity than that of suspect or accused person, e.g. as a witness, should be immediately given access to a lawyer if the authority considers that he has become a suspect in the course of the questioning, and any statements made before he became a suspect or an accused person should not be used against him;