A witness in criminal proceedings has certain rights and is vested with duties. Because his testimony, which he gave to the investigator in the police and the court, will be used as evidence in the case. A sentence based on the information received may completely change the fate of the defendant. Therefore, before interrogation, the witness is warned that he should only speak the truth. This is the order.
However, in Part 3 of Art. 56 of the Code of Criminal Procedure of the Russian Federation, a list of those persons who cannot be summoned for questioning as witnesses is recorded. These include: judges, juries, defense counsel (lawyer of the suspect), priests, members of the Federation Council, officials of the tax authority and arbitrators.
What do you need to know?
So, it means that the witness is the person who knows some of the circumstances of what happened and was called in order to testify to the investigator, interrogating officer or the court. Thus, a citizen can be invited for interrogation in order to transfer information to an official, not only when he really has some information, but even if the law enforcement officer has a reasonable assumption that the latter knows something about perfect crime.
It should also be noted that any person can be a witness, regardless of his social status or other circumstances related to his personality. Nevertheless, the law contains a list of those persons who cannot be called as witnesses to either the police or the court.
Certain categories
Many people who, by the will of fate, were eyewitnesses to the commission of criminal acts, are interested in the question of who is not subject to interrogation as a witness. After all, sometimes there are such cases that even minor citizens with their parents are called for interrogation. So, the list of persons who should not and cannot be witnesses in criminal proceedings is enshrined in the CPC. These include:
- judge and jury (they are forbidden to testify on the circumstances of the case if they themselves were participants in this criminal process, i.e. attended the meeting, evaluated the evidence presented, listened to all citizens who told what they knew about the crime that happened);
- the lawyer or defender of the suspect, who have information on the case, in connection with the fact that they have provided legal assistance to the principal (the exception here is when the defendant's defense counsel requests the interrogation of this person with the consent of the latter and to protect his interests);
- priest - cannot testify about the circumstances of the committed act, because they became known to him at the moment of confession;
- members of the Federation Council or deputies of the State Duma of the Russian Federation without their consent; (if they have information on the case in connection with the exercise of authority)
- employees of the tax authorities cannot disclose information from the declaration submitted by citizens on the basis of the current law, and therefore they are not witnesses and cannot be interrogated by a law enforcement officer;
- Arbitrators (do not disseminate information about the circumstances that are known to them in connection with the proceedings).
Important concept
So, from the foregoing, it becomes clear that certain individuals have witness immunity. What does this mean? Here everything is quite simple, according to the law of the person, the list of which is fixed in h.3 articles 56 of the Code of Criminal Procedure, they cannot be witnesses. Therefore, the latter will not be punished for not giving evidence to an official.
In addition, there are still some categories of citizens who have the opportunity not to testify against themselves and close relatives. These include children, parents, spouses (whose marriage is officially registered), grandparents, grandchildren, adoptive parents, siblings. The indicated persons may immediately refuse to give evidence. In the event that close relatives still decide to be questioned as witnesses in the case, then they lose their immunity. Their testimony will be considered evidence.
Additionally
Most citizens know that the husbands and wives of the accused and suspects are not subject to interrogation as witnesses if their marriage is legalized (in the registry office). The latter are endowed with a certain immunity. But, should people whose marriage is not registered have to testify against their spouses? By law, cohabitants are not close relatives. This means that if one of them is under investigation, the “civilian” husband or wife will not be able to refuse to testify. Otherwise, they face criminal liability. This is a must-know.
In details
In this case, I would like to note once again that the defender of the suspect, who provided legal assistance to the latter and who owns information on the criminal case, cannot be a witness. This says only one thing: a lawyer must keep secret all the information about which he learned at the time of counseling the accused. The investigator has no right to summon the latter to a procedural conversation as a witness. A lawyer must keep secret all the information that his client told him.
However, in practice, various situations occur. For example, the suspect refused the help of one defense attorney and turned to another. In turn, the new lawyer of the alleged attacker, with the consent of his client, may petition the investigator to invite the first lawyer to the police station and interrogate him as a witness. The main thing is that all these actions do not violate the interests of the accused.
When are the jurors present?
As a rule, many citizens who are accused of particularly grave criminal acts want their case to be examined with the participation of independent judges. Because most suspects are convinced that the jury will be able to make the most fair verdict. In addition, the latter are not subject to interrogation as witnesses in this case. How does this happen in practice? For example, if, after a court verdict is passed, the case was sent for review or for additional investigation, then it is quite possible that a law enforcement officer will collect additional evidence of the guilt of the accused. To do this, the investigator will need to again question all the witnesses on the circumstances of the incident. But, will an official be able to call a jury for a procedural conversation, who knows a fairly large amount of information on this case? By law, this is unacceptable. Because, taking into account the norms of the current Code of Criminal Procedure, the jury is not subject to interrogation as a witness.
Main evidence
When investigating a criminal case, most attention is paid to witness testimony. As a rule, it is this information that becomes the main evidence of the guilt or innocence of the accused. It is for this reason that witnesses are prosecuted for reporting deliberately false information to an investigator or court. Indeed, in most cases, the future life and fate of the person who finds himself in the dock depends on the testimony of witnesses.
In confession
Sometimes it happens that a person who has committed a crime cannot live long with such a burden on his soul and comes to the temple in order to tell the clergyman everything. After all, the latter will not reproach the citizen who committed the atrocity, but on the contrary, will help him to take courage and make a really right decision. Many criminals after confession go to the police and write a confession. In their statement, the latter often indicate what the priest of the church told about everything.
By law, a law enforcement officer will not be able to summon the latter for interrogation. Because the current norms of the Code of Criminal Procedure prohibit doing this. After all, the clergyman is not subject to interrogation as a witness, if he learned information about the crime from the attacker himself during a confession.
Comment
The list of those who are not subject to interrogation as witnesses is recorded in Art. 56 Code of Criminal Procedure. One can only agree with the comments on it. Indeed, judges, jurors, defenders of suspects, lawyers cannot be witnesses. Because by the nature of their activity, they have information that they became aware of during the investigation and consideration of the case in court.
In turn, the investigator involved in the disclosure of the deed cannot force these persons to testify. Indeed, according to the law, they have witness immunity.
What to do if I received a summons?
The law provides an exhaustive list of those who cannot be a witness in the case. Therefore, if the lawyer of the suspect or the clergyman of the church in which the alleged attacker confessed, as well as the tax official to whom the accused transferred the information, receive a summons to call the investigator, then they have every right to come to the procedural conversation, but immediately refuse to give any any testimony.
In addition, the police officer himself must remember that by calling these people as eyewitnesses to the incident, he violates the norms of the current law. Indeed, despite the fact that any person can be a witness, regardless of his social status or financial situation, the CPC provides for a certain list of people who do not participate in the process of conversation as witnesses. This rule applies to judges and jurors alike.
Moreover, persons with such witness immunity may file a complaint about the actions of the investigator to his supervisor, as well as to the prosecutor's office or to the judicial authority.
In practice
The testimony of witnesses in a criminal case is crucial. Moreover, as mentioned earlier, they are considered one of the main evidence in the process. It should also be noted here that in the practical activities of law enforcement bodies, witnesses are often children who testify in the presence of a psychologist, teacher or their parents. Also excluded is the interrogation as eyewitnesses of the incident to persons who have any physical disabilities. However, the court may doubt the testimony of these persons. After all, a deaf-mute person or a person suffering from schizophrenia, can not always correctly assess what is happening. Therefore, often such people, before giving evidence, undergo an examination in a special medical institution.
Finally
So, then a witness is a person who has any information about a committed act. The latter is always called for a procedural conversation with the investigator using the summons. Persons who do not participate in interrogation as witnesses are indicated in the CPC. These include: judges, lawyers, jurors, priests, arbitrators, tax officials. The latter are legally endowed with special, witness immunity and are not required to testify. Close relatives of the accused or suspected person committing a criminal act have the same right.Cohabitants of citizens under investigation do not have witness immunity and are summoned for questioning and questioned by the investigator in the manner prescribed by law. This is written in the current regulatory acts.
In addition, each witness has the opportunity to come to the investigator for a conversation with his lawyer. In a number of cases, this helps citizens to focus and correctly answer questions from a police officer.