· Criminal law · Translated from the Hebrew original
Unlike in civil law, in criminal law parents, children (biological and adopted) and spouses (married, according to the court's interpretation, although a draft bill exists to add common-law partners) are not competent to testify against the child, parent or spouse. In addition, their testimony cannot be compelled against a person who is accused together with the child, parent or spouse. The purpose is clear: the legislature sees a moral importance in the family unit and the harm expected from giving testimony against a family member.
It is important to note that the above exception does not apply, for example, to offences of violence, sexual offences, neglect within the family, and other offences listed among the exceptions that allow family members to be called to testify. The exception also applies to testimony in court, so the investigating authority, the Israel Police for example, may question relatives as part of the investigative actions in the case. It should be stressed that a witness who falls within the exceptions (was not summoned to testify against a family member) and who appears of his own initiative in court to testify in favour of a relative, but whose testimony in practice incriminated the relative, is regarded as giving admissible testimony, because the witness chose to appear and testify of his own free will.
Testimony of an accomplice or accomplices: to convict a person in criminal proceedings, an evidentiary addition of the corroboration type is required.
Testimony of a state's witness: to convict in criminal proceedings on the basis of a state's witness's testimony, an evidentiary addition of the supporting evidence type is required.
Testimony of a minor: there is no limit on summoning a minor to testify in court at any age. The questioning is conducted in language the minor understands. In a criminal trial a defendant cannot be convicted on the testimony of a minor under the age of 12 without an evidentiary addition of the corroboration type (the minor testifies on condition that the child investigator has approved it). It is important to stress that a minor becomes an adult at age 18. However, special legislation exists for minors under 14, in view of the status and the consequences attached to testimony at such a young age. The law therefore allows a child investigator to take the minor's testimony and submit it to the court (documented by recording) together with his opinion on his impression of the minor and the minor's credibility. A conviction in this case requires an evidentiary addition of the supporting evidence type.
If the investigator has approved a minor under 14 to testify, and during the testimony the child investigator asks for it to be stopped, the decision is left to the court.
A little about the evidentiary additions mentioned:
Supporting evidence: independent evidence that implicates the defendant in committing the offence and relates to the point in dispute at the trial. For example: statements indicating guilt, lies told by the defendant, the defendant's choice not to testify.
Corroboration: not independent evidence, so the source of the corroboration may be the very testimony that needs corroboration, to confirm its credibility. For example: supporting evidence can count as corroboration, since it is a more significant evidentiary addition; the defendant's refusal to take part in investigative procedures.
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