Testifying in a trial is a situation that does not please everyone who finds themselves in this situation, whether by obligation or by choice. However, there are some exceptions, as the lawyer explains in a video Toni Musalaevknown in the social network of TikTok like (@toni.abogado).
The lawyer highlighted a few Key the obligation to testify as a witness in criminal proceedings. As he explained, Spanish law provides that any person who has witnessed events related to a criminal case must appear and give a statement whenever the judicial authority requests it.
Musalaev clarified that the Criminal Procedure Law (LECrim) It is the regulator that sets this framework of obligations and rights. The participation of witnesses is of central importance for the design of the proceedings, as the courts form a factual judgment based on their statements.
He quoted: “One is always obliged to explain in the trial to a person under investigation because of some events that he witnessed or saw in connection with a criminal case,” thereby creating the legal basis that supports the summons of witnesses in criminal cases.
In his speech, the lawyer emphasized the importance of Presence of witnesses to ensure the facts are clarified. This number fulfills an essential purpose because it provides valuable information that allows judges and courts to make informed decisions.
WHO Witnessing a crime or have direct knowledge of the case under investigation, they are involved in a process that requires them to present their version, which also entails an ethical and social responsibility in collaboration with the judiciary.
However, Musalaev pointed out that the law is not inflexible and is thinking about it Exceptions to the general reporting requirement. Article 416 of the LECrim recognizes the right not to testify against persons with whom certain family or professional ties exist. In this way, the regulation protects privacy and avoids ethical and emotional conflicts that could arise when testifying against relatives.
Among the exceptions was Musalaev First degree ancestorsthe spouse or life partner and the person being examined’s own lawyer. This means that parents, children, spouses, long-term partners and legal defenders have the legal right to refuse to testify when called as witnesses in a trial involving these close friends. These restrictions comply with the principle of protecting family privacy and confidentiality in the attorney-client relationship.
The lawyer emphasized that the exemption was mandatory be expressly asserted in court. The judge will inform about this right and it is up to the witness to decide whether to exercise this right or to give final testimony. The advantage is not automatic: it requires an explicit statement by the person concerned in the same witness statement.
For those wondering whether they meet the requirements for this protection, Musalaev recommends Get detailed information Before you appear in court, we will inform you about your specific situation. Professional advice is important because each case has specific characteristics that depend on the relationship, the relationship with the person under investigation or the nature of the facts.
In his video, the lawyer emphasized: “There are a number of Exceptions There you have the right to take advantage of this article and not to testify against these people.” He also recalled the possibility of contacting a lawyer to obtain precise advice, especially if there are doubts about the obligation to testify, the advisability of invoking the exception or the impact of testifying in the criminal trial.
About The Author
