Testimony and Its Impact on Criminal Evidence

Abstract

Testimony is regarded as one of the most prominent means of evidence in criminal proceedings, as it plays a fundamental role in revealing the truth of the criminal act, establishing its circumstances, and attributing it to the perpetrator, particularly in cases where direct material evidence is unavailable. This study aims to examine the concept of testimony in criminal evidence, its legal nature, its requirements, and the procedural safeguards governing its presentation, as well as to determine its evidentiary value and impact on the formation of judicial conviction.

The study addresses testimony as a means of conveying to the court what a witness has perceived through their senses, while examining the conditions that must be satisfied by both the witness and the testimony for them to constitute valid evidence. It also examines the procedures for hearing witnesses, the safeguards afforded to them, and the extent to which personal and objective circumstances surrounding testimony affect its probative value and evidentiary weight. Particular attention is given to the criminal judge’s authority to assess witness statements, the limits of such authority, and the criteria upon which the judge relies in accepting or rejecting testimony, especially where statements conflict, contradict one another, or where a witness retracts previous testimony.

The study further explores the relationship between testimony and other forms of criminal evidence, and the extent to which testimony may be corroborated by confessions, circumstantial evidence, physical evidence, and expert evidence, thereby assisting the court in forming a judicial conviction based on objective grounds. The study concludes that, despite the significant importance of testimony in criminal evidence, it does not possess absolute evidentiary force. Rather, its probative value depends on the regularity of the procedures through which it is obtained, the fulfillment of its legal requirements, the consistency of its content, the court’s confidence in its credibility, and its compatibility with the other evidence in the case. This contributes to establishing the truth while safeguarding the accused’s rights and ensuring the guarantees of a fair trial.