What is the testimony of the victim? This is any information that he informed the investigator at the time of the procedural conversation or at the hearing. The testimony of the victim is considered one of the most significant evidence that can restore justice and punish the perpetrator. Nevertheless, a person will be held liable for reporting false information to the investigator.
What you need to know
The testimony of the victim is any information that he provides to a law enforcement officer during a procedural conversation or at a court session. At the time of the interrogation, the investigator may ask questions to the injured person, the answers to which could help more quickly disclose the deed. In addition, the latter may be questioned about any circumstances of the incident. The investigator also needs to determine in what relations with the alleged attacker the victim is located.
The testimony of the victim is considered one of the main evidence to bring the perpetrator to justice for the deed. Nevertheless, in practice, such situations often occur when the victim provides false information about the case. As a rule, this always happens intentionally. And therefore, often the victim himself is held accountable for reporting knowingly false information on the fact of the atrocity.
Victim - who is it?
The victim is always the victim of a criminal act. Moreover, he is interested in such an outcome of the case so that the accused is identified in places of isolation from society, even if he is not guilty of the crime. In addition, the victim refers to the participants in the proceedings by the prosecution. He is also vested with certain rights in criminal proceedings.
The testimony of the victim, given to him during the investigation of the crime, is always regarded by law enforcement agencies as an independent and very significant evidence. This happens especially often in cases where the victim became a victim of violence or was nearly killed. In such situations, he can independently describe the attacker, as well as talk about the details of what happened, the time and place of the crime.
Nevertheless, in practice there are situations when the victim intentionally tries to inform the investigation and the court of untruthful information. Even though it is prosecuted.
How are the indications
The testimony of the victim is information about the act committed against him, which he reported to the investigator or at the hearing.
So, in order for the victim to report all the known information on the case, he must be summoned for questioning by law enforcement agencies. This is carried out using the agenda, which indicates all the necessary information about the place and time of the procedural conversation. The agenda is delivered by mail or by one of the law enforcement officers. If the victim after receiving the indicated document cannot for good reason appear for questioning, he must inform about it. Otherwise, he will be forcibly taken to the department.
A continuous conversation with the investigator should not last more than four hours. After eating and resting, interrogation can be continued. Nevertheless, the total duration of a procedural conversation in one day should not exceed eight hours.
Registration
At the time of the procedural interview, the investigator must keep a record. This document contains the testimony of the victim, a witness in the case. Of course, a procedural conversation with each person is carried out individually. Moreover, before interrogation, a law enforcement officer warns the victim and witnesses in the case of responsibility for giving false testimonies.
The protocol shall indicate:
- place of interrogation (as a rule, it is carried out in the investigator's office);
- the time of the beginning and end of the procedural conversation;
- details of the official conducting the preliminary investigation;
- information on the case reported by the interrogated person;
- at the end are the signatures of the persons participating in the procedural conversation.
Punishment
The victim may be held criminally liable for false testimony. The punishment for this crime is provided for in article 307 of the Criminal Code. The sanctions here are quite serious. After all, if one person accused the other of committing a serious crime, which the latter did not carry out, then the victim of slander can even be isolated from society for several years. The same goes for witnesses in the case who do not always tell the truth.
Nevertheless, if, before the court pronounced the verdict, the persons admitted to giving false testimonies, then they should be released from liability for such atrocities.
If relatives
Here, the victim may refer to article 51 of the Constitution and refuse to testify. In practice, this happens often. Indeed, in the course of various domestic quarrels, everything happens. Most often it happens that a wife suffers beatings from her husband for a long time, but one day she suddenly goes to law enforcement agencies and writes a statement to him with an application from the emergency room. Police officers institute criminal proceedings, and a woman suddenly forgives her husband or simply does not want to testify against him. But only those victims who are officially married have this right.
If the victim decided to testify against his relative, he is also warned of responsibility for reporting false information. Thus, the latter loses witness immunity.
At the meeting
The testimony of the victim in court must fully correspond to those he gave to the law enforcement officer at the time of the procedural conversation. It is very important. After all, the victim could forget something or not remember.
Before the victim will testify at the trial, the court must warn him of responsibility for reporting false information. After which the person must put his signature on paper with the secretary.
It should also be noted that the victim cannot refuse to testify. Because it is punishable. He has this right only if the defendant is his close relative or legal spouse.
If minors
In this case, a psychologist or teacher should be present at the interrogation. If the witness or victim has reached the age of sixteen years, then experts are invited to interview at the discretion of the investigator. Also here are entitled to be their legal representatives.
The victim and the witness who are under 16 years old are not warned by a law enforcement officer of responsibility for reporting false information. However, adolescents must tell the investigator the truth.
In addition, the testimony of the victim in the case and witnesses are considered evidence that will be used to confirm the guilt of the accused. Therefore, despite their age, even minors should tell the investigator and in court only the truth.
Practice
The woman accused her friend of stealing a cell phone and wrote a statement to the police.She also explained to the police that she had recently bought herself an expensive smartphone, which her work colleague really liked. The latter wanted to buy the same, but because of the difficult financial situation, he could not do this.
The suspect did not plead guilty during the process conversation, and also said that the citizen simply invited him to drink tea, after which he left her home. During the investigation of the case, it turned out that when leaving the entrance, the man fell under the lens of the built-in video camera, and the recording shows that he holds in his hand a large cell phone, very similar in description to the one that disappeared from the victim.
The latter recognized her smartphone. Later, the attacker confessed to the crime. The case ended with the reconciliation of the parties.
From this example it is clear that the testimonies of the victims are the main and most important evidence necessary for the quick disclosure of the atrocity.