Witness immunity means the right of a citizen by virtue of the law not to testify against a certain circle of persons and for circumstances known to him. However, criminal liability for this does not occur. This norm is directly enshrined in the Constitution, as well as in the Criminal Code of the Russian Federation. Citizens who have such a right as witness immunity may at any time give evidence relevant to a particular case.
Definition
Citizens who have such a right as witness immunity must be exempted from testifying by force of law. Nevertheless, these persons can inform the authorities of all the information they know about a particular case, but only at their own request. In accordance with the Constitution, a person has the right not to testify against himself and close relatives. Therefore, according to article 308 of the Criminal Code, these persons are exempted from liability.
Nevertheless, if these citizens, at their request, begin to testify in the case, then they thereby lose their witness immunity. And therefore, they can be held liable for reporting false information.
Ban
The following categories of persons have witness immunity in criminal proceedings :
1. Judges and jurors. They should not disclose any information on the case, since the information became known to them in the course of their professional activities.
2. A lawyer and other other counsel for the accused (because the latter turned to them for qualified legal assistance).
3. The priest, who became aware of the circumstances of what happened after the confession.
4. Members of the Federation Council and the State Duma without their consent.
The same rules regarding these categories of citizens are enshrined in the Code of Civil Procedure. The exceptional cases mentioned above are also noted in Article 56 of the Code of Criminal Procedure, which states that these persons are entitled to witness immunity in criminal proceedings and are not subject to interrogation.
Civil process
Art. 69 of the Code of Civil Procedure provides for exceptional cases in which persons who hold office and have a certain status should not be involved as witnesses. The right given to him bears the corresponding name - witness immunity - in the Civil Procedure. In this regard, these citizens cannot be questioned as persons who possess any information on the case. These include:
- representatives and advocates, mediators;
- lay judges and professional judges;
- priests;
- arbitrators (arbitrator).
These citizens cannot witness in any case. In addition, by law they are prohibited. Witness immunity in a civil proceeding is granted to persons who, according to the Constitution, have the right not to testify against themselves and their close relatives. These include:
- spouses and children, even those who have been adopted;
- brothers and sisters against each other, as well as grandparents against grandchildren;
- deputies of the legislative bodies of power;
- Commissioners for the rights of people and entrepreneurs.
Non-disclosure of information
By virtue of his profession, a lawyer who concludes an agreement with a principal has such a right as the witness immunity of a lawyer. It does not allow him to disclose to law enforcement authorities and the court the information that became known to him from the client. This rule is also spelled out in article 56 of the Code of Criminal Procedure. This is necessary so that the person who turned to the defender for qualified help and entrusted his secrets to him is sure that, except for the latter, no one will know about his guilt and about the circumstances of what happened. This meaning is laid down in the CPC. Because it says precisely that the lawyer of the suspect or the accused cannot give evidence in the case, as he became aware of him in connection with the provision of legal assistance to the latter. The Civil Procedure Code also states this. Article 69 of this document states that the representative or counsel cannot report on the circumstances of the case that they became aware of in connection with the provision of legal assistance. This also confirms the fact that a lawyer is a person with witness immunity.
Important
Article 51 of the basic law of the state states that no one should testify against himself, as well as close and dear people. This rule applies regardless of what procedural status it has. This is the principle of witness immunity. In addition, Art. 56 of the Code of Criminal Procedure prohibits a certain circle of persons from testifying at interrogation. These include judges, defenders, priests. Those persons who have certain information on the case, which became known to them in the implementation of professional activities. Therefore, when answering the question of who possesses witness immunity, you can safely indicate this list of persons (because they are prescribed in the CPC), as well as close relatives of the suspects and accused.
If the citizen wants to provide certain information on the case, he must remember that all the rules provided for in the CPC will apply to him. And in the case of false testimony, he will be punished accordingly. This also applies to those to whom the right of witness immunity applies. Therefore, if the wife wants to testify against her husband, she automatically becomes a citizen with procedural status. And while the principle of witness immunity will no longer have any meaning. Because the information obtained during the interrogation in the case will be used by law enforcement agencies as evidence.
In foreign countries
In the United States, issues related to the use of witness immunity are receiving great attention. In addition, an entire chapter in the Code of Laws is dedicated to him. However, this is not the only source that states this right of persons. Legislative consolidation of the definition of witness immunity in countries that cooperate with Russia is not clearly defined, but is widely used in practice. For example, in the USA this rule is approved by the courts on their own. In addition, several types are distinguished here:
- witness immunity;
- the right to silence (used against self-incrimination);
- privilege.
You can also get a full description of them in the Unified Criminal Procedure Rules in the United States.
Party to the proceedings
The witness is the most significant figure in the investigation of the criminal case. It is intended to help the investigation, as well as the court, in resolving issues of particular importance to the entire criminal process. The testimony of this person is considered important when collecting information about all the circumstances of the committed act and necessary for the most rapid disclosure of the crime. Therefore, the CPC pays special attention to him.
A witness is considered to be a person who possesses the necessary information on a criminal case and who reported it during interrogation to law enforcement authorities. For this reason, before conducting a procedural conversation, all rights and obligations are explained to him. Also, this citizen is warned of criminal liability for reporting false information.
In addition, the Constitution and the Code of Criminal Procedure highlighted a certain circle of persons with witness immunity, the right whose duty is to refuse to testify and not to communicate with law enforcement agencies. For example, a husband, wife, brothers and sisters, children of their parents may not inform the investigation and the court of information relating to their loved ones. In turn, the lawyer and the priest are forbidden to divulge information that became known to them in connection with the implementation of professional activities. Thus, witness immunity in the criminal process is aimed at protecting those categories of citizens who, due to personal and close trusting relationships with suspects and accused, cannot disclose all the information they know about the crime committed. However, they cannot be held accountable.
Does not apply
The circle of persons specified in the Code of Criminal Procedure and the Code of Civil Procedure do not have the right, by law, to disclose information about the case known to them. Nevertheless, not all citizens are endowed with this right. Witness immunity does not apply to persons who are not close relatives of suspects and accused, defendants, plaintiffs. It follows that an acquaintance or friend may well be suitable for this procedural role. Especially if he knows all the circumstances of what happened. Also, witness immunity will not extend to defendants who gave false testimonies against another person in another criminal case. In this case, Art. 307 of the Criminal Code.
Kinds
Witness immunity is a privilege for certain individuals for whom there is no obligation to testify in the case. The following types are distinguished:
- absolute - is in the nature of a legislative ban by virtue of Art. 69 of the Code of Civil Procedure and Code of Criminal Procedure;
- relative - provided for those who can report known information to the authorities, despite the right to avail themselves of the refusal in accordance with the Constitution;
- related (voluntary), which provides the right to choose;
- official - allows, by virtue of the post, not to testify (Commissioner for Human Rights or Entrepreneurs);
- partial - exempts from reporting only certain information to the authorities;
- full - means a legal refusal, which does not entail prosecution (relatives and friends of the accused).
It should also be noted here that lawyers and representatives in civil and administrative cases are not subject to interrogation. Because, by virtue of the law, they are those persons who have information on the case that became known to them in the course of their professional activities. Types of witness immunity are not officially fixed in the law, therefore, lawyers consider it heterogeneous and share it independently, guided by the norms of Art. 69 Code of Civil Procedure and Art. 56 of the Code of Criminal Procedure.
Rights
If a person is an eyewitness to the atrocity committed, then it is quite possible that he will be summoned to law enforcement to testify in the case. In addition, the person will have this status even if he contacts the police on his own, wishing to provide the necessary information that will help a quick investigation of the case. In this case, it will be necessary to check it for witness immunity. Code of Criminal Procedure in Art. 56 it is provided for certain categories of persons. In this case, a citizen holding the position of lawyer or judge cannot be a witness. The same rule applies to priests. If the witness is a close relative of the alleged offender, then he has the right to testify in the case, which will subsequently be used as evidence. It is also necessary to remember that it is better for a person endowed with such a status to come for interrogation together with a lawyer.
A citizen summoned to a procedural conversation in the investigating authorities or in court shall have the right:
- provide information in their native language;
- refuse to testify by virtue of the fundamental law of the state;
- use the help of a translator (if necessary);
- file motions and complaints;
- ask for security measures to be applied to him if his life is threatened;
- come with a lawyer.
Security
In the event that a person called as a witness in a criminal case says that he or his family members are in danger in the form of deprivation of life or violence, damage to property, the investigator has the right to apply certain measures. Security can be ensured for him by the fact that his identity will be indicated under a pseudonym. During the trial, his last name and first name will also be kept secret. During the interrogation of a witness , a lawyer may be present.
general characteristics
A clear concept of witness immunity is missing in modern law. Therefore, professional lawyers interpret it from different points of view, while respecting the norms established by civil and criminal law. Witness immunity means a person’s privilege, which consists in the absence of an obligation to testify in the case. In addition, on a legal basis, a person has the right not to disclose information relating to his relatives and relatives.
Art. 56 of the Code of Criminal Procedure states that judges, lawyers, priests cannot be involved as witnesses. Thus, the law protects the interests of persons accused and suspected of a crime. Because the judge, leading the process, knows about all the details of the committed crime from the case file, and therefore he is not entitled to disclose the information obtained in the course of his professional activities to other persons.
The same rule applies to lawyers. The latter, acting as a defender, should in no case disclose information received from the principal to other persons. This will be a violation of the law. The clergy, listening to the confession of the alleged attacker, should also not share the information received from him with other persons and even law enforcement agencies. This prohibition is the main feature of their witness immunity.
Punishment
In the event that a person summoned to a procedural conversation or to the court as a witness in the case has provided the law enforcement officer with knowingly false information, he may be prosecuted under Art. 307 Code of Crimes. The same rule applies to experts and translators. If a citizen, prior to the conviction, admitted that the testimony given to him was false, then he is exempted from liability.
Call
In accordance with the rules of the CPC, a witness can be invited to a procedural discussion or to the court only on a subpoena. In this case, this document should contain information regarding the identity of the person called for interrogation, as well as reflect his procedural status.
The subpoena is handed over personally to the witness, sent by registered mail or by other means of communication. Also, this document can be transferred to a person through his adult relatives, if the person is absent for some reason. In this case, the family member who received the summons undertakes to transfer it to the citizen, who must inform the investigation or the court of the necessary information on the case.
The agenda can be transmitted through the administration at the place of study or work of the witness.
Drive unit
In the event that the witness did not come on the appointed day and time to testify and did not report the reasons for his failure to appear, he may be brought to court or police accompanied by law enforcement officers. In this case, the procedural person must make a special decision. The drive should not be made at night. The exception is cases that are urgent.
History
The Charter, which examined all issues related to criminal proceedings in 1864, states that some individuals were simply exempted from testifying because they were not able to be witnesses in the case. Among them were citizens who could not specifically and sensibly explain what had happened. In addition, relatives of those accused of committing atrocities were also referred to such persons. In those days, the court itself removed these persons from testifying. In addition, each person had the right not to testify against the other, if this violated state secrets. According to the Charter of that time, a citizen could simply be suspended from giving evidence if the defendant wanted it. In modern Russia, this issue is considered from a different point of view. In addition, the basic law of the state, as well as the Code of Criminal Procedure, speaks of witness immunity.
Victim's right
But what if the injured person is connected with the accused by family ties? Art. 51 of the basic law, which states that everyone has the right not to testify against themselves and their loved ones. But here everything can turn out differently if the victim, despite the fact of kinship with the suspect, decides to testify against him. , .
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Highlights
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