The difference between a lawyer and a prosecutor
The difference is subtle and can be seen by anyone and it mainly
The difference is subtle and can be seen by anyone and it mainly lies in the type of cases a lawyer or public prosecutor handles.
The lawyer represents his client, and he may be a natural person or a legal person, and the lawyer tries to defend his client with the evidence and evidence available to him.
The lawyer follows the method of legal circumvention so that he benefits from the strict and mitigating legal provisions and the conditions that achieve this.
As for the Public Prosecutor, he represents society, and his role lies in defending the public right, and he has specific tasks that cannot be bypassed.
When does witness testimony expire?
Cases of cancellation of witness testimony
With regard to when the testimony of witnesses lapses, there are several specific cases and they are generally applied in most of the laws of the countries that provide for the annulment or invalidity of the testimony of witnesses before the court.
We mention to you the most important of these cases, which are as follows:
Evidence that there is no connection between the witness’ testimony and the case before the court.
When the witness is incompetent, such as the testimony of the insane or the undiscerning minor, their testimony shall not be taken into account.
The testimony of a witness is not taken into account if he refuses to take the oath.
If the witness is among those included in being prevented from testifying before the court due to the nature of their job or their kinship to the judge or something like that.
In the event that the witness will obtain a personal benefit from his testimony in favor of one of the parties to the case.
If it has been ascertained and proven that the witness gave his testimony under coercion or threat.
In the event that it is proven that the submitted certificate is false and that it is intended for a specific interest.
How is the invalidation of witness testimony paid?
One of the parties to the lawsuit may try to object to the testimony of the witnesses for some reason, so how to plead the nullity of the testimony and object to it, this is what we will know now.
The judge usually sees the usefulness of the testimony or not, and accepts or rejects it, so he has discretion in this matter.
And if it turns out that the testimony given by the witness is incorrect, or one of the conditions of the witness is not met in order to adopt what he says as a legal argument, then the witness is convicted of that.
And it happens that in the event that the judge has issued a final judgment against the defendant and the false testimony has been proven, the witness will be prosecuted and sentenced on charges of giving false testimony.
In some laws, the penalty for a false witness may be temporary hard labor.
Those harmed by the testimony of the witness and later found to be false, and this testimony had a fundamental impact on the case, benefit from a request for a retrial.
What happens when witness testimony contradicts?
Contradicting the testimonies of the witnesses is not considered a crime, but the matter is limited to whether or not they were relied upon.
In the event that the contradiction of the testimonies focuses on essential facts in the case, then the judge may exclude the testimony.
But if it is the other way around, and the testimonies do not affect the essence of the case, then the judge has the discretionary power, either to consider the testimony or to exclude it as well.
And in the event that the testimony of one of the witnesses is proven to be false, here the witness is prosecuted with false testimony and he is punished in accordance with the articles stipulated in the penal code of each country.