Witness Oath in Criminal Proceedings

Abstract

The form and content of procedural actions in criminal proceedings is prescribed by law. The law obliges all procedural subjects to undertake procedural actions as prescribed. Any deviation from the prescribed results in an irregular procedural action, the consequences of which depend on the degree and significance of the irregularity for the criminal procedure. In order to prevent improper procedural actions, the law provides certain preventive measures. One of them is witness oath.

The witness oath exists the same amount of time as witnesses. Its purpose has always been the same, to contribute to the credibility of the witnesses testimony. However, the character of the oath, and therefore its text, as well as the way of taking it, i.e. the consequences of the witness's refusal to take the oath have changed and today differ from country to country. In the papear, the author will describe the oath, its concept, significance and method of takig the oath in criminal proceedings, with special reference to the oath in the criminal proceedings of Bosnia and Herzegovina.