{"title":"论刑事诉讼中被告的概念及其证言","authors":"Ž. Mirkov","doi":"10.5937/civitas1902161m","DOIUrl":null,"url":null,"abstract":"The testimony of the defendant is given great attention since the defendant, as a rule, knows best if and how they committed the offence that they are charged with. Therefore, their testimony is one of the most significant forms of evidence, while obtaining the testimony is a complex action in the criminal proceedings context, as well as in the psychological sense. In light of the significance of the subject matter, and its complexity , and in order to provide a precise and scientifically relevant review of the topic, the paper will examine the three important constitutive elements included in the hearing of the defendant as a form of evidence, namely: 1) the notion of the defendant; 2) the notion of the hearing, the essence of which is to obtain the testimony of the defendant; and 3) the testimony that arises as a result of the hearing.","PeriodicalId":37246,"journal":{"name":"Civitas","volume":"1 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"On the notion of the defendant and his testimony in criminal proceedings\",\"authors\":\"Ž. Mirkov\",\"doi\":\"10.5937/civitas1902161m\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The testimony of the defendant is given great attention since the defendant, as a rule, knows best if and how they committed the offence that they are charged with. Therefore, their testimony is one of the most significant forms of evidence, while obtaining the testimony is a complex action in the criminal proceedings context, as well as in the psychological sense. In light of the significance of the subject matter, and its complexity , and in order to provide a precise and scientifically relevant review of the topic, the paper will examine the three important constitutive elements included in the hearing of the defendant as a form of evidence, namely: 1) the notion of the defendant; 2) the notion of the hearing, the essence of which is to obtain the testimony of the defendant; and 3) the testimony that arises as a result of the hearing.\",\"PeriodicalId\":37246,\"journal\":{\"name\":\"Civitas\",\"volume\":\"1 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Civitas\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.5937/civitas1902161m\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Civitas","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5937/civitas1902161m","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
On the notion of the defendant and his testimony in criminal proceedings
The testimony of the defendant is given great attention since the defendant, as a rule, knows best if and how they committed the offence that they are charged with. Therefore, their testimony is one of the most significant forms of evidence, while obtaining the testimony is a complex action in the criminal proceedings context, as well as in the psychological sense. In light of the significance of the subject matter, and its complexity , and in order to provide a precise and scientifically relevant review of the topic, the paper will examine the three important constitutive elements included in the hearing of the defendant as a form of evidence, namely: 1) the notion of the defendant; 2) the notion of the hearing, the essence of which is to obtain the testimony of the defendant; and 3) the testimony that arises as a result of the hearing.