Eyewitnesses versus assistant witnesses

Abstract

According to the current legislation in Romania, the witness is a procedural subject. The criminal procedural law in Romania does not distinguish between the eyewitness and the assistant witness, in the Code of Criminal Procedure only the quality of the witness is debated. Instead, the legislation in force also debates the notions of threatened witness, protected witness and vulnerable witness. Although there is no legislative delimitation between the notions of eyewitness and assistant witness, in specialized literature and in judicial practice the two notions are very good. In the legislation in force, as a rule, for the notion of assistant witness, the phrase present person is used and for the eye witness, the phrase witness, although the procedure of hearing and taking the oath is the same in both cases.