In Art. 56, para. 1, the Code of Criminal Procedure of the Russian Federation defines the witness. He is called a subject who knows something about circumstances that are essential for the investigation of a crime and the conduct of criminal proceedings. Such a person shall be summoned for questioning. In Art. 56 of the Code of Criminal Procedure, the rights, responsibilities and obligations of witnesses are defined. The norm also establishes a list of citizens who cannot be involved in this capacity in production. Consider Art. 56 Code of Criminal Procedure with commentary .
Who can't witness?
The list of persons not subject to interrogation is established in part 3 of article 56 Code of Criminal Procedure . The list includes:
- Jurors and judges. They cannot be questioned about the circumstances of the case that they were able to learn about as a result of their direct participation in the proceedings.
- Defenders (advocates) of suspects / accused. They are not entitled to provide information that has become known to them when contacting them to provide legal assistance or to provide relevant services.
- Priests. These entities cannot testify about circumstances that they became aware of in confession.
- State Duma deputies, members of the Federation Council. They do not have the right to communicate information that became known to them in the exercise of their powers.
- Employees of the Federal Tax Service. These entities may not be witnesses and disclose information that has become known to them from the special declarations submitted by the entities and the documents attached to them.
Witness rights
They are determined by Part 4 of Art. 56 Code of Criminal Procedure. A citizen may:
- Refuse to provide information about yourself, your loved ones. The circle of the latter is established in paragraph 4 of Art. 56 Code of Criminal Procedure. If the witness agrees to testify, the official warns him that the information that will be provided to them can subsequently be used as evidence in the case, including if the person refuses them.
- To testify in the language that the citizen speaks or is native to him.
- Use the help of a translator. It is provided free of charge.
- To challenge the translator.
- To bring complaints and petitions related to inaction / actions, decisions of the heads of investigation / inquiry bodies, employees of these structures, the prosecutor, the judge.
- To be questioned with counsel, in accordance with part 5 of the 189th article of the Code of Criminal Procedure
- To petition on the application of security measures provided for in part three of Article 11 of the Code.
In the fifth part of Art. 56 Code of Criminal Procedure established a rule. Forcing the subject to undergo a forensic examination or examination is not allowed. The exception is the cases established in the first part of article 179 of the Code.
What is the witness not entitled to?
Citizen, in accordance with part six of Article 56 Code of Criminal Procedure , cannot:
- Not appear at the call of the investigator / interrogator.
- Provide knowingly false information or refuse to communicate facts known to him.
- To divulge the information of the preliminary investigation, which he learned in connection with his participation in the proceedings. Responsibility for violation of this rule occurs if he was warned in advance about the inadmissibility of such actions, in accordance with the provisions of article 161 of the Code.
Additionally
In case of evading a citizen from appearing on call, a measure of coercion - a drive - may be applied to him. For the provision of knowingly false information or in case of refusal to testify, the person is liable under articles 307 and 308 of the Criminal Code, respectively. For the disclosure of information of the preliminary investigation, a punishment under art. 310 of the Criminal Code.
Explanations
According to hours 1 tbsp. 56 of the Code of Criminal Procedure of the Russian Federation , a subject acts as a witness, which simultaneously meets the following requirements:
- He knows something about circumstances that are essential to the criminal case.
- He is called to testify.
Questions about whether a person can know anything about the circumstances related to the investigation, and about the need to invite him to an interrogation, are decided not by the citizen himself, but by the authorized body. Meanwhile, their decision may in practice be predetermined by other participants in production. For example, it can be a suspect, victim, civil defendant / plaintiff, lawyer. These persons have the right to submit petitions to attract a citizen as a witness in accordance with Art. 56 Code of Criminal Procedure. But in this case, one condition is necessary. The subject will be invited for interrogation if the circumstances the establishment of which these persons request are really relevant for the proceedings.
Witness immunity
In the third part of Art. 56 of the Code of Criminal Procedure of the Russian Federation, a list of subjects that cannot be involved in interrogation due to their professional or other characteristics is provided. In addition to the persons indicated in the norm, witnesses are granted immunity by the country's president, human rights ombudsmen, as well as diplomatic representatives. In addition, an expert is also included in the list. He is not entitled to disclose information about which he learned in the performance of his duties.
Exceptions for Judges
Significant circumstances of the case should be understood as direct facts related to the event of the crime, and the presence / absence of guilt of the suspect, as well as other data included in the subject of evidence. In addition, the circumstances of the proceedings, opinions and opinions expressed at the jury or judges, actions of participants and third parties act as essential circumstances. If this information has become known to the entities indicated in part three of the rule under review in connection with the performance by them of their duties, then they cannot be involved as witnesses. The ban for judges is determined by the need to ensure guarantees of independence and impartiality in resolving cases.
Features of witness defender immunity
For a lawyer, a wider range of information is established, which he does not have the right to report if he learned about it when contacting him for help from a suspect or other person participating in the case. The call and interrogation of the subject about the circumstances concerning the commission of a new act by the client, even if he was an eyewitness to the incident, will be considered unlawful.
Conclusion
The witnesses may be the interrogators and investigators who conducted the proceedings. Here it is necessary to turn to part 8,234 of the CPC article. According to its provisions, at the request of the parties at the preliminary hearing, any persons who know anything about the circumstances of the investigation or the seizure and inclusion of documents in the case file may be interrogated. The exception, however, is constituted by subjects with witness immunity. If these persons were interrogated, they lose their authority to continue the proceedings. The current Criminal Procedure Code does not establish restrictions on the involvement of minors as well as citizens who, due to their mental or physical characteristics, cannot adequately perceive circumstances relevant to the investigation and, accordingly, give correct evidence about them. The expediency and the possibility of their interrogation are determined by specific facts relating to the production. In this case, the assessment of the reliability of the information provided by them is given by the parties, and then - finally - by the court.