Art. 56 of the Code of Criminal Procedure in the current version

In Art. дано определение свидетеля. 56, p. (P.) 1, the Code of Criminal Procedure provides the definition of a witness. They are called a subject who knows something about the circumstances that are essential for investigating a crime and conducting criminal proceedings. Such a person is summoned for interrogation for testimony. In Art. определены права, ответственность и обязанности свидетелей. 56 of the Code of Criminal Procedure defines the rights, responsibilities and duties of witnesses. The norm also establishes a list of citizens who can not be recruited in this capacity for production. Consider Art. . 56 of the Code of Criminal Procedure with commentaries .

Who can not be a witness?

The list of persons not subject to interrogation is established in part 3 of Art. . 56 of the Code of Criminal Procedure . The list includes:

1. Jurors and judges. They can not be questioned about the circumstances of the case, which they could learn because of their direct participation in the proceedings.
2. Defenders (lawyers) of suspects / accused. They do not have the right to provide information that has become known to them when they apply to them for legal assistance or in the provision of related services.
3. Clergymen. These subjects can not testify about the circumstances about which they became aware at confession.
4. Deputies of the State Duma, members of the Federation Council. They do not have the right to disclose information that has become known to them in the exercise of their powers.
5. Employees of the bodies of the Federal Tax Service. These entities can not be witnesses and disclose information that has become known to them from the documents submitted by the subjects of the special declarations, the documents attached to them.

Witness rights

They are determined by Part 4 of Art. 56 of the Code of Criminal Procedure. A citizen can:

1. Refuse to provide information about yourself, your loved ones. The circle of the last is established in cl. 56 CCP. If the witness agrees to give evidence, 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.
2. Give testimony in the language that the citizen owns, or who is his native.
3. Use the help of an interpreter. It is provided free of charge.
4. To declare an interpreter a challenge.
5. To bring complaints and petitions related to inaction / actions, decisions of heads of investigation / inquiry bodies, employees of these structures, prosecutor, judge.
6. To appear for questioning with the defender, in accordance with Part 5 of Article 189 of the Code of Criminal Procedure.
7. To apply for the application of security measures provided for in part three of Art. 11 of the Code.

In part five of Art. установлено правило. 56 of the CCP RF established a rule. It is not allowed to force a subject to undergo forensic examination or examination. The exceptions are the cases established in part one of Article 179 of the Code.

What does the witness have no right to?

Citizen, in accordance with part six of Art. , не может: 56 of the Code of Criminal Procedure , can not:

1. Do not appear on the call of the investigator / investigator.
2. Provide deliberately false information or refuse to communicate known facts.
3. Disclose the information of the preliminary investigation, which he learned in connection with his participation in the proceedings. Responsibility for violation of this rule comes in the event that he was warned in advance about the inadmissibility of such actions, in accordance with the provisions of Article 161 of the Code.

Additionally

If a citizen evades from appearing on call, a coercive measure may be applied to him - a drive. For providing deliberately false information or refusing to give evidence, the person is liable under articles 307 and 308 of the Criminal Code, respectively. For disclosure of the information of the preliminary investigation, a citizen may be punished under art. 310 CC.

Explanations

According to ch . 1 tbsp. в качестве свидетеля выступает субъект, который одновременно соответствует следующим требованиям: 56 of the Code of Criminal Procedure as a witness is a subject who simultaneously meets the following requirements:

1. He knows something about the circumstances that are essential for the criminal case.
2. He is summoned for testimony.

Questions about whether a person can know anything about the circumstances pertaining to the investigation and the need to invite him to an interrogation is decided not by the citizen himself, but by the authorized body. Meanwhile, their decision can in practice be predetermined by other participants in production. For example, it could be a suspect, a victim, a civil defendant / plaintiff, a lawyer. These persons have the right to file petitions for the involvement of a citizen as a witness in accordance with Art. 56 of the Code of Criminal Procedure. But in this case it is necessary to fulfill one condition. The subject will be invited for interrogation, if the circumstances, the establishment of which the listed persons request, do matter for production.

Witness immunity

In part three of Art. 56 of the Code of Criminal Procedure provides for a list of subjects that can not be interrogated because of their professional or other characteristics. In addition to the persons mentioned in the norm, the President of the country, human rights commissioners, and diplomatic representatives are granted witness immunity. In addition, the list includes an expert. He has no right to disclose information, which he learned about in the performance of his duties.

Exceptions for judges

Under the circumstances important for the case, one should also understand the immediate facts connected with the event of the crime, and the presence / absence of the suspect's guilt, as well as other data included in the subject of proof. In addition, the conditions of production, opinions and opinions expressed at the jury or judge meeting, the actions of the participants and third parties, are significant circumstances. If this information became known to the entities specified in part three of the rule in question, in connection with the performance of their duties, they can not be attracted as witnesses. The ban for judges is conditioned by the need to ensure guarantees of independence and impartiality in resolving the case.

Features of the witness immunity of the defender

A broader range of information is established for a lawyer, which he is not entitled to disclose if he has learned about them when addressing him for the help of a suspect or other person participating in the case. Illegal will be the summoning and questioning of the subject of circumstances relating to the commission of a new act by the defendants, even if he was an eyewitness of the incident.

Conclusion

As witnesses, interrogators and investigators, who conducted proceedings on the case, may act. Here you should refer to part 8 234 of the Criminal Procedure Code. According to her provisions, at the request of the parties at the preliminary hearing, anyone who knows anything about the circumstances of the implementation of investigative measures or the seizure and attachment of documents to the case files may be questioned. Exception, however, is made by subjects with witness immunity. If these persons were interrogated, they lose the authority to continue conducting the proceedings. The current CPC does not impose restrictions on the involvement of minors, as well as citizens, as witnesses, who, because of their mental or physical characteristics, can not adequately perceive the circumstances essential to the investigation and, accordingly, give the correct testimony about them. Expediency and the possibility of their interrogation are determined by specific facts related to 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.