|Opis:||Criminal proceeding represents a joint of State authorities acts and other participants, when there is a possibility that a criminal offence has been done. In this phase of determining, the statutory definition of a criminal offence, the crucial contribution to the final court decision, is by different subjects, taking part in criminal process. The following work represents analysis of two significant participants in criminal proceeding, so called witness and expert witness.
In first part, the stress in on witness and her position in criminal proceeding. A deposition of a witness, as the mean of evidence, is her main contribution to the proceeding itself. A person, who is called as a witness, is under certain conditions, relieved of her duty to testify. That legal goodness is provided, in order to prevent possible conflicts between persons, who are in a close relationship. A witness can be found in situation, where her knowledge about criminal offence, can mean a threat to her life. In that particular case, a Witness protection Act, provides her a suitable and convenient protection, by including her in witness protection program.
In second part, the emphasis is on an expert witness. That is a person, appointed in the position of an expert witness, with a written ordinance, given by Court authority, conducting the process. An expert witness is required, when there is an expert knowledge needed, which the Court does not dispose.
On the one hand, there are many distinctions between witness and expert witness, regarding their duties and position in criminal proceeding, but on the other hand, there are many similarities as well. For example, both perceive certain facts, which are then represented and explained from two different perspectives. A witness is more personally and emotionally inclined towards the seen, while an expert witness has to remain objective and fulfil the need of impartiality, when giving his clearance and expert opinion.|