Abstract

Criminal Procedure Code provides that the sources of evidence obtained by infringements towards loyalty, legality principle as well as the principle of adversarial nature of criminal procedures can not be used in a criminal proceeding. The role that sources of evidence play in establishing factual elements that could lead to the discovering of the truth and the solution of the case, justifies the consideration where the sources of evidence represent the main institution of the criminal procedure law. Therefore, the testimonies of the witnesses play a major role in pursuing the scope of the criminal proceedings. This is why in case of some categories of witnesses there is a need of special protection in order to avoid the risks that underlie in such cases but as well to ensure the reliability of the administered evidences. As a participant in criminal proceedings the witness is qualified by the criminal law as ‘‘procedural subject” with specific rights and obligations – consequently, there is a need of good regulation towards the institution of the witness in order to avoid a social risk by offering protection guaranties at a high level.

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