Abstract:
State liability to the witness under special protection measures, is to make an error about state administration in the special protection measures programme. It may cause witness under the programme to possibly receive disastrous results from such state action. A primary cause of state liability is that the state can not respond to the rights of the witness in criminal cases under the constitution. On the other hand, the state can not respond to the rights of public law to the witness. It follows, the state can not protect the witness safety. The state deal with the witness is not applicable. Lastly, the state can not pay essential and advisable consideration to the witness. The scope of state liability to the witness, is to pay compensation, maintain contract and compulsory performance in particular. Furthermore, the state liability to the witness, is to damage the individual who is the witness. By the result of this action of people who require need for special protection measures. So the public authority shall have a liability to the witness, their share with the state in some cases. The public authority tort to the witness under special protection measures causes voluntary or gross negligence. The public authority shall pay compensation after the government agency has paid compensation to the witness. Besides, which the author submits that should any change about receiving people in special protection measures programme. To do the memorandum of understanding match the consent form against usefulness in set up in accord with an understanding about rights and duty of the witness. Including suitable behavior during the special protection measures programme.