Criminal law uses such a thing as witness immunity. Any citizen involved in criminal proceedings has the right not to testify against himself, close relatives and spouse. The corresponding provision is enshrined in article 51 of the Constitution of the Russian Federation .
The same norm stipulates that federal cases may also establish other cases when a subject is released from giving evidence.
International law
Article 51 of the Constitution of the Russian Federation is based on Art. 14 of the International Covenant on Political and Civil Rights. This norm prohibits coercion of a person to testify against himself when considering any charges against him.
The European Convention governing the protection of freedoms and human rights does not explicitly indicate such a guarantee. However, the ECHR, in analyzing the right to silence, proceeds from the fact that the prohibition on coercion to testify against oneself or relatives or to plead guilty is generally recognized norm and underlies the principle of fair trial.
The meaning of law
The legal opportunity provided for in Article 51 of the Constitution provides protection of the accused from malicious coercion by the authorities. Application of the norm allows preventing judicial errors and realizing the goals of legal proceedings.
The implementation of the provisions of Article 51 of the Constitution contributes, in particular, to compliance with the procedure for obtaining evidence. The norm excludes the possibility of obtaining information by pressure on the citizen. The right guaranteed by 51 articles is closely linked to the presumption of innocence.
Nuances
As the ECHR points out, the opportunity not to testify against oneself cannot be limited only to a ban on forcing a citizen to confess or to provide information that is directly incriminating.
According to the court, a reference to the public interest is unacceptable to justify the use by the prosecution of the answers obtained using methods of coercion.
Subject composition
Article 51 of the Basic Law is considered a blanket (reference) norm. It indicates that the list of subjects against which a citizen may not testify is established by federal law.
In the Code of Criminal Procedure, in particular, such persons include:
- Spouse / spouse.
- Sisters / brothers.
- Children / parents.
- Grandparents / grandchildren.
- Adoptive / adopted.
Important point
The CPC (although for other purposes) contains an indication of the category of persons who are in a property with a witness / victim, as well as citizens, well-being, health, whose life is dear to the testifying person, in view of the personal relations that have developed between them.
These entities do not have witness immunity under the letter of the law. However, it seems that they, as well as close relatives, may face the problem of a false choice between moral feelings and perjury. In addition, traditional beliefs condemning betrayal and denunciation are also significant.
Grounds for witness immunity
The provisions of Article 51 of the Basic Law are based primarily on moral feelings. However, this is far from the only basis for witness immunity.
The treatment of a person as an object of someone’s will is not allowed. Legislation guarantees the inviolability of the person, the protection of privacy, family / personal secrets, i.e. information that relatives trust each other in confidence.
Certification: Distinctive Features
The concept of "testifying" means not only directly testifying as a witness, confirmation, certification of any event, which the citizen became an eyewitness.
This term also means the provision of any information proving a fact / circumstance, an indication of its source. In this case, the evidence is considered evidence.
As explained by the Constitutional Court, the opportunity not to incriminate oneself implies that the subject has the right to refuse not only to testify, but also to transmit to the authorized bodies other evidence confirming his involvement in the crime.
Such a situation, for example, occurred when a person committed an accident. The citizen had to remain at the scene until the arrival of traffic inspectors and maintain the situation, forcibly, thus exposing himself. Such an order was contained in art. 265 of the Criminal Code. Article 51 shall not contradict special rules of law.
Meanwhile, the Criminal Code provides for a number of circumstances mitigating liability. For example, according to paragraph "i", part 1 of article 61 of the Code, a person may voluntarily plead guilty or plead guilty. The key condition for offsetting this circumstance is the voluntariness of the actions taken.
Prior to interrogation, a witness or a person suspected / accused of an act is warned of his right under 51 articles . If the authorized employee (investigator / interrogator) does not familiarize the citizen with the procedural order, evidence obtained during interrogation may be regarded as inadmissible.
conclusions
Testimony is a procedural obligation of the persons participating in the case. However, the law does not allow prosecution of entities that refused to testify against themselves, spouse, relatives.
Coercion to testify, obtain information by means of blackmail, threats, other illegal actions qualifies as a crime against justice.
51 articles of the Town Planning Code
Continuing the topic of constitutional rights, we briefly consider the features of the realization of the right to housing.
Everyone certainly should have a place to live. You can buy it by buying an object or building it. In the first case, everything is more or less clear: you need to find a seller and have the appropriate amount of money.
As for the construction of own housing, this process is accompanied by a number of difficulties. First of all, a person who wants to build a house must get permission for this. It is precisely about him that is mentioned in the GrK, in article 51.
Town planning regulations , land surveying / planning project, are key regulatory acts in the field of construction. A permit issued to the developer confirms the compliance of the project documents with the provisions of these securities. In addition, it certifies the permissibility of placing the object on the site in accordance with its permitted use and restrictions provided by land or other legislation.
The permit allows the developer to carry out construction work, measures for the reconstruction or repair of the capital construction facility, except in cases established in the GRK.
Civil Code of the Russian Federation: Article 51
Another constitutional right of a citizen is the right to work. Everyone can use their knowledge and skills and receive income from it. The legislation provides for several forms of realization of the right to work. For example, a person can get a job as an employee. In addition, a citizen has the right to open his own business.
Entrepreneurship can be done in the status of individual entrepreneur or legal entity. However, in any case, the subject must be registered in the prescribed manner. The state registration of legal entities is described in article 51 of the Civil Code of the Russian Federation.
Clause 1 of the said norm establishes the obligation to register with the authorized control body - the Federal Tax Service Inspectorate.
Information on state registration, according to paragraph 2 of the article, is entered in the Unified State Register of Legal Entities (unified state register of legal entities). This registry is open to an unlimited number of persons. That is, any interested person can get acquainted with the information.
An entity basing its actions on information taken from the Unified State Register may assume that it corresponds to the real state of affairs. The state registration certificate confirms the certificate issued to the representative of the organization. As a rule, one of the founders receives it.