The admission of the incriminating statement of co-defendants as a means of testimonial evidence and the possibility of cross-examination
DOI:
https://doi.org/10.15381/lucerna.n4.25574Keywords:
incriminating statement, co-defendants, testimonial evidence, cross-examinationAbstract
The testimony provided by the person accused of committing a crime has special characteristics, which is why it admits different legal treatment. The investigation will allow us to study and determine the way in which the case in which the co-accused decides to renounce his right to silence and chooses to incriminate himself should be treated procedurally, in which case it is important to determine the legal nature of such testimony, if it should be considered as means of testimonial evidence and in such case, proceed in accordance with the rules that regulate the testimony of witnesses; as well as determining what would be the procedural opportunity for the admissibility of the incriminating statement of the co-accused and whether in such cases cross-examination or cross-examination could be admitted.
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