The Constitution of the Russian Federation, 51 articles. No one is obliged to testify against himself, his wife and close relatives

Article 51 of the Constitution of the Russian Federation reads as follows:

1. No one (it is understood that any individual, without reference to the status of a citizen) is not obliged to give testimony against himself personally, his spouse and close relatives.

2. The federal law may establish other cases of exemption from the obligation to give testimony.

The maintenance of so-called witness immunity includes the right not to stipulate itself, its close relatives and spouses, to remain silent, not to assist the investigation (within certain limits). In one form or another, the privilege against self-disclosure is provided for in laws of almost all countries and in international law (European Convention for the Protection of Human Rights and Fundamental Freedoms).

Of great importance is 51 articles of the Constitution of the Russian Federation in criminal proceedings. In the process of investigation and trial, testimony often determines the fate of a particular person.

The right to silence in the law of the Russian Federation

Most people, having legal knowledge at the domestic level, represent the meaning of art. 51 of the Constitution of the Russian Federation for films produced by the United States. The phrase "you can keep silent, everything you say can be used ..." is familiar to many. In foreign law this provision is called the "Miranda rule" and imply that any information received from detainees prior to their clarification (verbally) of procedural rights can not be used in court as evidence. Therefore they try to explain them immediately.

But in Russia, the "Miranda rule" does not work, and people who do not answer any questions from representatives of law enforcement agencies often act to their detriment. They have the right not to disclose information that will harm them personally or their loved ones, but they can not remain silent at all.

Prohibition of self-incrimination

The privilege against self-incrimination is an important component of art. 51 of the RF Constitution. It is separately spelled out in the main codes - the Code of Criminal Procedure, the agrarian and industrial complex, the Code of Administrative Offenses and the Code of Civil Procedure of the Russian Federation.

It is worth noting that the preconditions for witness immunity appeared in England in the 12th century, when suspected of heresy was forced to swear ex officio. In the modern world, this rule is the most important of the principles of justice. He is given special attention in the USA, Australia, Germany, Canada and the EU countries. But the procedural realization of the privilege against self-incrimination differs depending on the system adopted in the state.

1. In countries of general (case law), if the suspect agrees to the testimony, he is interrogated as a witness. Accordingly, he can be held accountable for the subsequent refusal of evidence or the communication of knowingly false information.

2. In states of the continental system (including in the Russian Federation), a suspect or accused, who refused to testify or gave false information, is not held to account. It is believed that it acts within the framework of protection from self-incrimination.

The right to refuse testimony is connected not only with the story of a specific misconduct. A person may not disclose any information about himself, which in the future can be used in criminal proceedings as evidence.

Witness testimony against spouses and relatives

The list of persons against whom it is possible to refuse to give evidence is given in paragraph 4 of Art. 5 of the Code of Criminal Procedure. It includes:

• Spouses - a person with whom marriage is registered in the registry office.
• Parents or adopters.
• Children, including adopted children.
• Native, including half-brothers and half-brothers, brothers and sisters.
• Grandchildren.
• Grandparents.

The list is closed and extends to all types of productions - a similar list is given in other codes of the Russian Federation. The big omission is that it does not include stepfathers, stepmothers, cohabitants (civil spouses). In the framework of criminal proceedings, witnesses are entitled to use cl. 3 of Art. 5 of the Code of Criminal Procedure of the Russian Federation on the notion of "close people" (persons of kinship or persons whose welfare is dear to the witness due to personal attachment). Formally, in their relation, too, the law, to which the Constitution of the Russian Federation indicates, can be applied 51 articles.

Guarantees against coercion

The use of actions (threats, blackmail) under compulsion to testify is a criminal offense under art. 302 of the Criminal Code. It is assumed that any information about the circumstances of a dispute or a crime should be given voluntarily, with full understanding of the consequences of what has been said. Formally, this principle is not indicated anywhere, but the European Convention implies it at the heart of the very notion of fair justice.

In Russia, it is with guarantees from coercion that the practice of explaining Art. 51 of the Constitution of the Russian Federation before the preparation of all procedural documents in the framework of criminal proceedings and trials.

The Constitution of the Russian Federation (Article 51, the interpretation of which provides for the right to absolute protection from self-incrimination) formally makes it impossible to turn out to be guilty. After all, in fact it is a violation of witness immunity.

The Supreme Court of the Russian Federation for such cases indicated that the confession of guilt by the accused or the suspect is not a testimony and does not require the participation of a lawyer. In practice, before the drawing up of a relevant protocol on the recognition of a person in the investigative bodies, the provisions of Art. 51 of the RF Constitution.

Limitations of witness immunity

It is very important to understand the possible application for this norm. Article 51 of the Constitution of the Russian Federation is limited to several prohibitions provided for by the current law and law enforcement practice.

• The suspect (accused, witnesses) is obliged to take part in investigative activities that require his activity (confrontation, examination, identification).
• Obtaining, including forced, from participants in the process of blood samples, urine, exhaled air, voice samples for further use in proving. The need for these actions is confirmed by the Constitutional Court of the Russian Federation.
• It is possible to question other people about the circumstances and situations that have become known to them on behalf of the person who used the witness immunity, for the subsequent application of the information obtained in an evidentiary basis.
• The law of the Russian Federation (Article 1.5 of the Administrative Code of the Russian Federation) establishes exceptions to the presumption of innocence. The person in some cases is obliged to prove his innocence. In the EU countries, this rule applies to car owners who are required to prove innocence in violation of traffic rules.

The right to refuse assistance

Article 51 of the Constitution of the Russian Federation, the commentary to which is used in law enforcement practice, also implies other actions, except for refusing to testify. In particular, its content includes the right not to facilitate the criminal prosecution process. It includes:

• Refusal to provide any explanation or information.
• Turnout with confession (confession of guilt). If the suspect refused to confess to the crime during the first interrogation, no one has the right to insist on this on subsequent ones.
• Non-issuance of things, documents or valuables for conducting investigative actions.

Witness responsibility

As part of the criminal process, witnesses are invariably warned of the consequences of giving evidence, as well as of responsibility for lying and the introduction of the investigation or trial into error.

Perjury as a crime against justice was known even in ancient Rome. The current law of the Russian Federation implies under it a message of deliberately false information about the facts and circumstances that are known to the witness (expert, specialist) and can influence the results of the investigation or the court's decision. Responsibility for it is provided in art. 307 of the Criminal Code.

The practice of criminal investigation shows that most often false witnesses are cohabitants (civil spouses), friends, neighbors and acquaintances of the victims and the accused. The reason for their actions is for the most part sympathy for possible criminals or their relatives, distrust of the police, but attempts to "settle accounts" are also not uncommon.

Within the framework of the crime under art. 307 of the Criminal Code of the Russian Federation, several situations are possible:

1. A faithful delusion when the witness incorrectly perceives any fact that influences the results of the investigation.

2. Use of lies as a means of protection from suspicion. A common situation is when witnesses refuse to report information or even testify against themselves in order to avoid being charged with a crime. But here, too, Article 51 of the Constitution of the Russian Federation can be applied. Examples of use that exclude from liability:

• The witness claims that he did not buy drugs from the accused, because in this case he actually confesses to the crime under art. 228 of the Criminal Code. His deliberate lie does not entail responsibility, since he defends himself against the reservation.
• The witness informs misleading information, since he believes that otherwise he himself becomes a suspect in a crime.

If a person by way of a lie tries not to confess to a criminal act, then the responsibility under art. 307 of the Criminal Code of the Russian Federation does not come for him, because the Constitution of the Russian Federation (51 articles) protects against self-incrimination. But a completely different situation if false witnesses for the sake of public opinion. People often try to appear more conscious, law-abiding or attentive than they really are.

3. A knowingly false report (a report of a crime) is often used to dispel suspicion. Responsibility for this crime is stipulated in Art. 306 of the Criminal Code.

The quality and results of justice are directly dependent on the fulfillment of civic duty by people. However, the warning of liability for perjury is still widely perceived as an empty formality. Therefore, the level of crimes under Art. 306-307 of the Criminal Code remains high.

Other types of witness immunity

The Constitution of the Russian Federation (Article 51 in Part 2) provides for cases of exemption from testimony, depending on the status of the witness and the circumstances that he should explain. This list includes:

• Judges or jurors - about the facts that have become known to them within the framework of consideration of a particular criminal case.
• Lawyers and advocates are information that has become known to them in the process of providing legal services. Really for criminal and civil processes.
• Priests (Christianity, Buddhism, Islam) can not disclose information received from parishioners in the process of confession. At the same time, representatives of sects and creeds do not have the right to use this type of immunity.
• Deputies of representative bodies of the federal and regional level have the right to refuse to testify about the circumstances that they became aware during the exercise of their powers.
• Diplomats (all endowed with this status, including technical workers) - about any circumstances and facts. But the immunity ceases to apply if a consent has been obtained from the foreign state for interrogation.

There are certain gaps in this list. For example, lawyers, interpreters and representatives of citizens who are not their relatives do not have immunity. All of them can be interrogated without the right of refusal.

The Constitution of the Russian Federation, Article 51 is a very important norm for domestic legislation and a country that has experienced a period of mass repression. It is the guarantor of observance of human rights and the citizen during communication with law enforcement and judicial bodies.