Procedural Risks in the Witness Protection System in the Bahraini Code of Criminal Procedure

Abstract

The research aims to identify the position of Bahraini legislation and comparative legislation on procedural protection for witnesses in criminal cases to extract evidence not tainted by confusion or defect and enable the judiciary to reach the truth by guaranteeing sufficient testimony. As well as identifying the methods of protection used for the security of witnesses before, during, or after the trial to fill the local legislative shortfall in the protection prescribed for witnesses and to establish controls, foundations, and mechanisms for their protection. This study relies mainly on the analytical and comparative approach through objective reading and in-depth analysis of legislation, which contributes to the development of the legal reality. The problem of the study is the extent to which the Bahraini legislator fulfils all the requirements for determining measures for witness protection. In addition to the small size of the Kingdom of Bahrain, the protection of witnesses may encounter some difficulties, the most important of which is the possibility and feasibility of concealing the identity of witnesses and changing their place of residence in that small area of the Kingdom of Bahrain. Has the legislator developed alternatives to such protection in light of this difficulty? Thus, this study recommends setting an appropriate penalty for everything that would prejudice the protection prescribed for witnesses, similar to the position of the French legislator in the Code of Criminal Procedure. Because of the small area of the Kingdom of Bahrain, we find it necessary for the competent authorities to conclude agreements with other countries whose purpose is to transfer those who require protection from witnesses to it and to secure their lives there.