Legal encyclopedia. Letter C

WITNESS

- participant in criminal proceedings, a person who may be aware of any circumstances that are relevant to the investigation and resolution of the criminal case, and which is called to testify.

S. is summoned for interrogation by the agenda, which indicates who and in what capacity is called, to whom and at what address, the date and time of the appearance for interrogation, as well as the consequences of non-appearance without valid reasons.

As a minor, a minor may be questioned. Interrogation of such a person is made with the obligatory participation of the teacher.

Not subject to interrogation as a C:

1) the judge, the juror - about the circumstances of the criminal case, which they became aware in connection with participation in the proceedings in this criminal case;

2) the lawyer, the defender of the suspect, the accused - about the circumstances that have become known to him in connection with the appeal to him for legal aid or in connection with its provision;

3) counsel - about the circumstances that became known to him in connection with the provision of legal assistance;

4) a clergyman - about the circumstances that have become known to him from confession;

5) a member of the Federation Council, a deputy of the State Duma without their consent - about the circumstances that they became aware of in connection with the exercise of their powers.

S. has the following rights:

1) refuse to testify against yourself, your spouse (your spouse) and other close relatives. If the witness agrees to give evidence, he must be warned that his testimony can be used as evidence in the criminal case, including in the case of his subsequent refusal of these statements;

2) to give testimony in the native language or language that he owns;

3) to use the assistance of an interpreter for free;

4) to challenge the interpreter involved in his interrogation;

5) to file petitions and bring complaints against actions (inaction) and decisions of the inquirer, investigator, prosecutor and court;

6) to be interrogated with a lawyer;

7) apply for the application of security measures.

C. can not be forcibly subjected to forensic examination or examination, except for cases when the survey is necessary to assess the reliability of his testimony.

S. does not have the right:

1) evade appearance on the summons of the inquirer, investigator, prosecutor or the court;

2) give knowingly false testimony or refuse to testify;

3) disclose the data of the preliminary investigation, which became known to him in connection with participation in the proceedings in the criminal case, if he had been warned about this in advance in the procedure established by the Code of Criminal Procedure.

If S. evades appearance without good reason, then he can be subjected to a drive.

Respectful reasons for non-appearance of S. are recognized, a disease that deprives S. of the opportunity to appear, untimely receipt of the summons, other circumstances that deprive S. of the opportunity to appear at the appointed time

(Lack of transport, natural disaster, illness of a family member requiring constant care, and other circumstances).

For giving knowingly false testimony or refusing to testify, disclosure of the preliminary investigation data, S. is responsible in accordance with Art. 307-310 of the Criminal Code of the Russian Federation.