Witness of Identity withheld
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This book proposes the inclusion in the Code of Criminal Procedure of the Province of Cordoba of the institute of the witness of reserved identity during the Preparatory Criminal Investigation without causing damage to the right of defence of any accused person. The focus is on the wording of Article 227 bis, proposing its incorporation into Chapter IX, Section Five, which refers to the means of evidence in our legal system. Its application is necessary in the face of an incipient investigation, given that it can contribute and provide important elements which in many cases shed light on unlaw...
This book proposes the inclusion in the Code of Criminal Procedure of the Province of Cordoba of the institute of the witness of reserved identity during the Preparatory Criminal Investigation without causing damage to the right of defence of any accused person. The focus is on the wording of Article 227 bis, proposing its incorporation into Chapter IX, Section Five, which refers to the means of evidence in our legal system. Its application is necessary in the face of an incipient investigation, given that it can contribute and provide important elements which in many cases shed light on unlawful acts, but with the proviso that it cannot be extended to the plenary session, where such a reservation will necessarily no longer be possible. In order not to collide with the rights of the accused, even at this stage, in terms of the possibility of controlling the evidence, the reasons that lead to the application of identity secrecy due to alleged attacks on the witness must be duly justified. It is necessary and indispensable that the different powers of the State address this issue with responsibility and sensitivity, which is a way to fight impunity.
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