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iuridiuli fakulteti — 30
misaRwevad aucilebeli informacia mxolod am pirisTvis aris
cnobili. ra Tqma unda, ucvlelad unda darCes ojaxis wevrisa
da axlo naTesavis ufleba, Tavad gadawyvitos misces Tu ara
Cveneba sasamarTlos.
TEA SHAKULASHVILI
WITNESS IMMUNITY PROBLEMS IN CRIMINAL LAW PROCESS
The article discusses witness immunity institution and the problems of
the users of those privileges in the criminal justice process based on the examples
of the legal, medical and religious personnel immunity. Those problems are
caused by the amendments in the new Criminal Procedure Law, article #50. Unfortunately,
due to the interest of strict criminal justice policy the new code “failed”
to refuse obtaining the evidence by simple, but unethical opportunity to interrogate
persons, possessing professional secrets, as witnesses.
Witness immunity in professional secret and criminal procedure is an important
mechanism of legal protection from overdose publicity for the defendant
(and his allies), based on the confidential nature of relations between the citizens
and the people of a certain profession, position and status. High standard
protection of the gained information in everyday life, as well as in the criminal
justice processes stipulates the authority not only individual owners, but the state
and professional institutions, represented by these persons in certain situations.
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