تجهيل الشهود و ما في حكمهم و مقتضيات المحاكمة العادلة : القانون الفرنسي نموذجا

Abstract EN

The issue of witness protection is among the modern subjects, as the reporting of crimes, the testimony of the witness against criminals and investigation play an important role in helping criminal justice to prove the commitment of a crime.

given the threat of criminals and the intimidation that may amount to attacking and killing the witness, it has become imperative for criminal justice officials in all countries to provide the necessary criminal protection for witnesses to urge them to cooperate with the various bodies of criminal justice.

therefore, many legislators tended to adopt procedural rules to provide protection for witnesses and their families by concealing their personality in the case file and criminalizing disclosure, with the possibility of using modern technology to listen to the witness.

most legislators stipulate that this protection should be in accordance with legal procedures and under judicial supervision.

although it is important to provide protection for witnesses through anonymity when they are exposed to danger as a result of their testimony, this must be done within certain controls and in cases that require this procedure so as not to affect the requisites of fair trials.

this study, therefore, discusses the topic of the witnesses’ anonymity and its impact on the requirements of fair trials, in addition to balancing between the two.