Estimated reading time (in minutes)
Forensic anonymity! Is anonymity in court possible? In which cases? Is there a specific device?
The answer is: YES, AS A WITNESS
Forensic anonymity! In order for certain investigations to move forward, it is necessary for the persons holding the information to be able to express themselves without suffering reprisals. Thus, it is possible to testify anonymously in the context of an investigation. To benefit from this device, you must be a stranger to the offense and there is nothing to indicate that you may be involved in the case. Anonymous testimony is rare and occurs in serious cases (banditry, organized crime, etc.), that is to say when there is a real threat of reprisals against the person . It should also be noted that no conviction can be pronounced solely on the basis of statements collected from an anonymous witness. This will only be part of the investigation.
IN CONCRETE TERMS, HOW DOES THAT WORK ?
The conditions of this anonymity are strict because this is an exceptional case. It is the judge of freedoms who authorizes the testimony. This anonymity is materialized by maintaining the secrecy of the contact details of the witness, but it can never be complete because the investigators must be able to find the person and have access to his name, his contact details, his address… This information is entered in a special register. . outside of the investigation file. In addition, when the anonymous witness is confronted with the person he accuses, a special procedure is then planned: blurred face, masked voice, absolute separation of the participants… If the name of an anonymous witness is revealed, risk 5 years of prison and a fine of 75,000 euros.
DAMY law firm , Nice, Update 2022
