الحق في حماية الشهود كحد نسبي لعدالة الإجراءات أثناء المحاكمة

Abstract EN

Adopting absolute publicity during the trial stage may seriously harm the work of the judicial authorities, as secrecy is required in order to reach the truth, know the rest of the perpetrators and partners, or to prevent the influence of the accused in obscuring the evidence of the case.

In order to ensure the course of justice, it is sometimes necessary that the information of witnesses not be leaked, so that some do not exploit it to mislead justice and obstruct the search for the truth.

but the determination of special protection for witnesses would lead to prejudice the rights of the accused.

here the problem arises, which is how to achieve a balance between the rights of society, which require the protection of witnesses to implement the law and enable the criminal justice facility to prosecute and deter criminals, and those basic rights that the accused enjoys in the criminal case, foremost of which is his right to a fair trial.