The legal position of the witness

Abstract

The first part of this work is dedicated to the question of who may be witness, and resolves itself essentially into an examination of the notions of competence and compellability, together with an assessment of the elements which concern the credibility of the witness. In the second part there is a discussion of the rights and duties pertaining to this juridical figure, divided principally into those relating to his attendance, the oath taking, and his examination, and also including a few considerations regarding the position of the witness beyond the ambit of court proceedings. Within the various chapters there is a juxtaposition first of all of the rules in civil and criminal proceedings, in order to expose any basic differences that may exist, and secondly of Maltese law and other foreign laws , and this with a view to better assess the virtues and defects existing within our present law.