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Credibility of testimonies of vulnerable participants in a legal process: the Lithuanian case
Date Issued |
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2014 |
This article analyses certain aspects of admissibility, credibility (veracity), and assessment of evidence gathered as a result of testimony made by underage persons or persons having mental disabilities. The Code of Criminal Procedure of the Republic of Lithuania and court practice clearly state that the participation of such a witness in a criminal process is required when significant information necessary for solving a case in court is needed. However, in terms of both the legal doctrine and the practical application of the law, there is an ongoing discussion regarding the admissibility and credibility of testimony made by children (especially minors) and persons having mental disabilities. The author examines aspects of admissibility of evidence related to testimony provided by vulnerable participants in the process and discusses procedures and procedural guarantees to ensure both admissibility and veracity of testimony.