Cross-examination of witness in criminal proceedings

Abstract

This paper analyses the cross-examination of witnesses in criminal proceedings, mentioned first in the Constitution of 2006 and finally introduced into our legal system by the Code of Criminal Procedure of 2011. This concept of examination implies the right of a party party to criminal proceedings to examine a witness proposed by the other party. As this phase of examination of witnesses is typical for adversarial model of criminal proceedings, the paper explains the basics of witness testimony in adversarial, but also in the mixed type of criminal proceedings, followed by explanation of the characteristics of the criminal proceedings in our country, with reference to the present Code of Criminal Procedure. In order to grasp this problem in full, the paper deals with the concept of witnesses in criminal proceedings as well as the cross-examination of the witnesses, through the most important domestic and international legal sources. Lastly, the goals and types of cross-examination of witnesses are explained and practical advice for examiners is given.