Protection of the victim and witnesses is one of the most important principles in criminal proceedings. In this article, he will be described in detail.
Legal basis of protection
What legal basis does the victim and witness protection have in criminal proceedings? Directly the need for protection is indicated by certain articles of the Code of Criminal Procedure of the Russian Federation, as well as Federal Law No. 119 of 2004. It is in the last draft that all the necessary data are written that must be taken into account by the court to protect individuals.
It is worth highlighting another important document. This is a Supreme Court ruling No. 17 of 2010. Thus, the presented document regulates the need to transmit a message to all lower courts on the application in certain cases of a number of measures to protect and provide security to victims and witnesses. This application should be filed in almost all criminal cases.
Thus, the protection of witnesses and victims is a rather large and complex process, which has a significant legal basis.
Security measures: first group
It is necessary to talk about the application of basic security measures in relation to protected persons based on the sixth article of the relevant Federal Law. It is this normative act that regulates the basic methods that can be applied to the victim or witnesses. Here is what applies here:
- property, property and housing are under personal protection;
- the communication of alerts about dangerous situations has been adjusted, personal protective equipment has been issued;
- the guard has all the necessary information about the protected person;
- confidentiality of certain information is ensured.
The protection of witnesses and victims may involve other, more "radical" measures:
- making changes to documents;
- moving to another place of residence;
- change of external data protected;
- Change in work or school or location
- isolation in a safe place and some other methods.
Next, it is worthwhile to disclose in more detail those groups of measures that the judicial authority can apply in accordance with Federal Law-119 and the Code of Criminal Procedure of the Russian Federation.
Security measures: second group
In order to ensure high-quality protection for the victim and witnesses, the investigator has the right not to disclose information about their identity in the protocol. Relatives and relatives of the protected can fall under the same system. However, it is worth considering that such a procedure cannot be carried out without issuing a special notice and the assurance of it by the judge (it is also worth noting that during all further processes pseudonyms will be used in relation to the protected).
The investigator may establish a system for wiretapping telephone and other conversations between the protected and other persons. Such measures are necessary, as a rule, only if there is a clear threat of extortion or violence against the victim or witnesses.
The protection of witnesses and victims may also include the following conditions:
- closed court session;
- interrogation hidden from unauthorized persons;
- transfer of the case to a military court (with the permission of the Attorney General, and then only in extreme cases).
Defense bodies
The aforementioned Federal Law regulates the assignment of protection of witnesses and victims to certain instances. What kind of organs can these be? How do they decide on a process like protecting victims of crime?
The law states that there are exactly two groups of bodies that are required to engage in protection. The first group is the bodies that make the corresponding decision. This may include the judge (or the court itself), the head of the investigation department, investigators, heads of the bodies of inquiry and some other persons (or instances). The second group is the bodies that are involved in the direct implementation of security measures. Here it is worth highlighting:
- FSB authorities;
- bodies controlling the circulation of drugs and psychotropic substances;
- military units, command of military units;
- penal system;
- bailiffs;
- other government bodies.
Thus, a fairly large number of various authorities are involved in the design and implementation of protection.
Protection Procedure
How is the state protection of witnesses and victims implemented? Federal law establishes a number of certain stages in the work of the relevant bodies. So, the first thing to do is to collect written statements from future defenders. Naturally, without the consent of the victims themselves and witnesses, it will not be possible to begin work to protect them.
Further, these authorities should check the application for protection submitted to them. They are given exactly three days for this. The reasons for the request should be thoroughly considered. Only after that a decision is made on refusal or on consent. In both cases, a reasoned statement must be made. So, if consent is given, then a copy of the application goes to the future protected person. Finally, after all work with documents has been completed, the relevant authorities begin training on selected security measures.
How well is the protection of the victim and witnesses carried out in the Russian Federation? Opinions on this subject are different. Naturally, the organs themselves praise themselves. Experts say that the protection mechanism is still far from perfect.
Protection Principles
The content of the fourth article of the corresponding Federal Law must not be missed. It is in this article that it speaks of the basic principles on the basis of which the protection of the victim in criminal proceedings is built. Here you can highlight the following:
- state protection is built on the basis of the principles of legality; so, for each element, for each procedure, there is a separate article or chapter in the laws;
- mandatory is the principle of respect for the freedoms and rights of any citizen of the Russian Federation;
- establishes the principle of mutual responsibility of bodies;
- protection of the rights of victims cannot be carried out without prosecutorial supervision and special control;
- the application of safety methods should in no way interfere with the labor, housing, pension or other other rights of persons under protection.
These are all the principles that are prescribed by the relevant federal law.
Rights and obligations of protected persons
We have already talked about the working procedures of bodies that should provide protection to certain individuals. Now it’s worthwhile to talk about the content of Article 23 of the Federal Law No. 119 of 2004. It is in this article that the rights and obligations of persons under protection are described. Here is the list of rights:
- knowledge of their rights;
- personal and property security requirements;
- requirements for social support (not applicable in all cases);
- the requirement for additional security measures;
- appeal of decisions of various bodies in court;
- seeking psychological help.
The following should be said about responsibilities:
- Impeccable compliance with the legal requirements of security authorities;
- informing relevant authorities of the threat;
- keeping secrets received;
- compliance with federal laws and other regulations.
Thus, the law on the protection of victims and witnesses regulates a rather large number of duties and rights of the protected themselves.
Responsibility
Chapter 5 of the Federal Law under consideration regulates the basic elements of liability that may occur for violation of state protection actions. In this case, responsibility lies with both the official and the protected person.
Article 25 of the Federal Law establishes that an official guilty of poor-quality implementation of state protection is liable in accordance with the Criminal Code of the Russian Federation. Article 26 establishes the main measures of liability for the disclosure of information about the protected person. At the same time, the state protection of victims involves the imposition of responsibility on the protected person himself. So, a corresponding case can be instituted if a citizen wants to sell, pledge, give or give away all the property that was given to him in order to ensure security.
Thus, the protection of the victim in a criminal case is a rather serious and complex process.
Material and financial security
Victim protection in criminal proceedings cannot be carried out without appropriate financial, technical or material support. Article 28 of the Federal Law under consideration indicates that the purchase of all necessary equipment is carried out at the expense of state funds. At the same time, the security system itself must control the purchase of all technical equipment. The most important thing to note here is the impossibility of imposing expenses on the protected person. Such a system as the protection of victims of crime involves the purchase of all necessary equipment only at the expense of the state budget. That is why any financial or defense requests will be considered illegal.