ISSUES RELATED TO TESTIMONIAL IMMUNITY IN ADMINISTRATIVE PROCEEDINGS

Abstract

The constitutional principle of the duty to exempt the subject from testimony is enshrined in administrative proceedings in the form of the right of the witness to be silent. The logic of this right suggests that the subject has the right to refuse to testify on specific issues. The subjective right related to the obligation to testify shall be applied at the discretion of the person. In law enforcement practice there may be cases where a witness with an immunity decides to testify. In this case, the court must assess the validity of the particular testimony in conjunction with other relevant and admissible evidence.