During the trial, the court examines various evidence. Among them, inter alia, are testimony. They are of particular importance in criminal cases. The legislation establishes liability for refusing to testify. Let us further consider its features. 
308 article of the Criminal Code: refusal to testify
This norm (and not article 52 of the Criminal Code, which has lost legal force, as some unenlightened persons believe) provides for punishment for a witness and a victim for refusing to provide information relevant to criminal proceedings. For refusing to testify, these persons face:
- Up to 40 thousand rubles. a fine or a penalty in the amount of the income of the perpetrator for 3 months.
- Up to 460 hours of compulsory work.
- Up to 3 months arrest.
- Up to a year of corrective labor.
Public danger
It consists in the fact that refusal to testify by witness or to victims makes it difficult or impossible to make an objective procedural decision. This, in turn, does not protect the interests of participants in legal proceedings.
The objective side of the crime is inaction. However, in some cases, this inaction can follow after an active action. For example, an entity may write a statement about refusal to testify.
Ways to Avoid Duty
Disclaimer testimony subject can express by not appearing on call to an authorized employee (investigator / interrogator) or to the court. 
As mentioned above, a person may declare in writing a reluctance to provide the necessary information. At the same time, he may refuse to testify both in the whole case, and about the circumstances relating to a particular person or an individual episode.
The subject may refer to the fact that he cannot remember anything or does not have the required information. It should be said that the concealment of certain information during interrogation is not considered as refusal to testify, but as knowingly false testimony.
Motives
Refusal to testify may be due to:
- the reluctance of a person to assist law enforcement agencies or the court;
- the desire to help the obviously guilty citizen avoid responsibility;
- fear of revenge on the part of the subject against which the person must testify;
- unwillingness to be drawn into conflict and so on.
Important point
According to general rules, motives (as well as the goals of an act) are not decisive in qualifications. But if, in the presence of a real danger to the victim or witness in connection with their participation in the proceedings, law enforcement agencies do not take any measures to ensure safety, the forced nature of the inaction of the persons can be ascertained.
Accordingly, in such situations, the refusal to provide the required information can be considered as an act committed in extreme circumstances. 
Design Features
The corpus delicti is formal. The act is recognized completed at the time of the immediate refusal of the subject to testify.
Despite the absence in Art. 308 notes, similar to that which is present in the 307 norm, it can be applied by analogy to the person who provided the necessary information after he expressed refusal to testify.
The Criminal Code contains such a thing as “active remorse”.It involves the removal of responsibility from a person if he assists the investigation in establishing the truth. Accordingly, if a subject who previously refused to provide information subsequently agrees to give the necessary evidence, under Art. 308 he is not punished.
Subjective aspect
The guilt of a citizen is expressed in the form of direct intent. The subject knows that he has been summoned for questioning and is obliged to provide the law enforcement authorities with information known to him, but does not want to do this. However, he understands the consequences of failure and does nothing to prevent them.
Exceptions
In Art. 308 there is a note according to which a citizen is not held liable if he refuses to testify against:
- Myself.
- Their relatives.
- Spouses / spouse.
In such cases, the legality of refusing to testify under article 51 of the Constitution is ascertained. 
In addition, the law defines the circle of individuals who are endowed with witness immunity. Their refusal will be legitimate due to their status.
Close relatives
Their list is defined in the Code of Criminal Procedure, Code of Civil Procedure. The circle of close relatives has not been established in the agro-industrial complex. However, the Code contains a link to article 14 of the UK. The following citizens are considered close relatives:
- Legally married. It is about the officially registered union in the registry office. The fact of registration must be confirmed by a certificate issued in the prescribed manner.
- Parents and children, including adopted.
- Sisters and brothers (relatives).
- Grandchildren, grandparents.
Witness immunity
They have a limited circle of persons. The list of subjects endowed with witness immunity includes:
- Members of the chambers of the Federal Assembly (members of the Federation Council and deputies of the State Duma).
- Commissioner for Human Rights.
- Commissioners to protect the interests of entrepreneurs.
Procedural issues
Upon receipt of a refusal to provide information from the victim or witness who is married to the defendant or is his relative, the court has the right to refer to the testimonies given earlier by these entities, subject to a number of conditions. 
First of all, these persons should be explained their procedural right not to testify on the grounds provided by law.
Secondly, the victim and witness should be aware that all the information they provide can subsequently be used as evidence, even if they refuse it.
Evaluation of the legality of failure
To determine the legality of a person’s unwillingness to testify against anyone, the court must find out the nature of this refusal, the reasons that caused it. Among the most common cases of recognition of the legitimacy of a refusal are the following:
- The accused and the witness are one person.
- The testimony of a citizen can be used by law enforcement against him.
- The corpus delicti in the actions of the subject, on the involvement of which the authorized employees supposed to question the witness, is not established.
Additionally
In judicial practice, there are many examples where persons who refuse to provide information are not punished under the Criminal Code. For example, such a situation is possible if it is established that even though inaction is formally present signs of a crime, but because of its insignificance, it does not constitute a danger to the trial. In other words, the goal of justice will be achieved without the testimony of this person.
It is worth saying that the testimony, as a general rule, is not a right, but an obligation of the subject called for interrogation. If a person has any obstacles to appearing on a call, he should inform the appropriate authorized person about them as soon as possible. 
Reasons for not being able to come and testify must be valid. Accordingly, they must be supported by documents. For example, if a subject is sick, he must provide a certificate from a medical institution.