At the moment, the legislation strictly enshrines the framework for the legality of procedural actions, which investigators are required to carry out with the mandatory participation of witnesses under the Code of Criminal Procedure of the Russian Federation during the investigation of the case. Moreover, almost any person can be in this role, regardless of their status and position. However, in practice, a fairly small number of people actually understand what are the rights and obligations of witnesses, as well as their difference from witnesses. All this leads to the fact that, if necessary, they cannot properly fulfill their duties. This article will focus on the role of the witness in the criminal process.
Definition
Before proceeding directly to the definition of what is included in the concept of the law and obligations of witnesses, one should understand what meaning lawmakers generally put into this term. Surprisingly, it can be found not only in the Code of Criminal Procedure, but also in the Code of Administrative Offenses, so that witnesses can, if necessary, participate in both criminal and administrative proceedings.
However, the interpretation itself is found exclusively in Article 60 of the Code of Criminal Procedure of the Russian Federation, which means a casual citizen who can be involved in the course of a case by an investigator or interrogating officer in order to verify the fact of an investigative action, as well as its results and contents. Additionally, in Art. 170 of the Code of Criminal Procedure of the Russian Federation says that investigative actions should be carried out only if there are two witnesses, except in exceptional cases, also provided for by the code.
A witness always acts only as an observer. That is why it is impossible to involve in such actions a person who could receive any benefit for himself during the investigation. Understood - always a disinterested person.
Who can be understood?
The law clearly spells out the category of persons who cannot fulfill the rights of witnesses. First of all, these are minor citizens of the Russian Federation, since a person is not considered fully capable before they reach the age of 18. Also, the parties of a given production, that is, interested persons, as well as their relatives, cannot act as a witness, since there is a possibility that they can hide the data in their favor. Law enforcement officers who directly conduct investigations cannot be understood, this measure helps to prevent the fraud of evidence that was seized after the investigation.
If a citizen who came under one of the above requirements acted as a witness, then the actions of employees of the authorities can be recognized as illegal, and therefore invalid.
Functions
Understood in the criminal process are needed, first of all, in order to exercise control over exactly what information is entered into the protocol, and their correctness. That is why they should very carefully observe how investigative actions are carried out (for example, a search of an apartment), look at how the operative employee enters the received information into the protocol, and then check it for errors in the recorded information.
The protocol must directly contain all the data about what the task force has done, as well as the fact of finding the desired item or its absence. After the witness has agreed with all of the above, he puts his signature, confirming the veracity of the information.
First of all, it should be understood that witnesses are to some extent intended to control the police. They help prevent the violations that the investigator can commit, hoping to catch the criminal - for example, throw a bag of drugs on their own. That is why the most frequently understood witnesses are called specifically for a search. Previously, they were also involved by the traffic police to inspect the car and check the driver, however, after 2014, this practice almost completely stopped and is used in isolated cases of personal search.
From the above information it is clear who can be understood, however, if desired, any citizen can refuse such a role. This action is purely voluntary, and there can be no responsibility for the refusal.
When witnesses are needed
In Art. 170 of the Code of Criminal Procedure of the Russian Federation stipulates in which situations, when conducting investigative actions, witnesses must participate:
- During a search or personal search.
- When removing electronic storage media that are directly related to the investigation itself.
- For identification of a citizen, identification of a corpse or object.
The one exception is when the investigation is conducted in difficult conditions. However, even then, all actions performed by the investigative group must be recorded on videotape or photographs, and also recorded in detail in a written protocol.
The optionality of witnesses
There are also a number of investigative measures during which the presence of witnesses is recommended, but they are not a prerequisite. These include:
- The seizure of documents or objects related to the investigation.
- Exhumation of corpses.
- Inspection of the place where the crime was committed.
- The arrest of property.
- Conducting an investigative experiment.
- Listening to telephone conversations and seizure of mail or telegraphic shipments.
- Verification of preliminary data that were given by the parties to the criminal case.
Only in all of the above cases, the rights of a witness can be exercised. No other procedural actions with their participation are carried out.
Rights
It should be remembered that in criminal law the status of a witness always imposes on a person a certain list of rights and obligations. All rights can conditionally be divided into 2 groups: general and specific. Below we talk about them in more detail.
Specific Rights
The category of specific rights of a witness is customary to include:
- Permission to participate personally at all stages of the investigative action.
- Filing a complaint about the actions or omissions of the investigator, which were aimed at restricting the understanding.
- The ability to freely express their comments and opinions about all the actions of investigators or investigators. All these comments should also be recorded.
- Compensation for all losses incurred, such as travel expenses or part of the salary that a person did not receive due to the fact that he helped law enforcement agencies during the working period, as well as compensation for the time spent.
Common rights
In addition to specific rights, there are also general rights of witnesses with which he is endowed to the same extent as other participants in the criminal process, such as witnesses, victims, and other persons. These rights include:
- Obtaining information about their rights and obligations during the performance of the role of the witness, as well as the existing responsibility.
- Use during the investigative measures of the native language or any other that a person speaks. If necessary, he has the opportunity to use the services of a translator.
- Also, if necessary, he can get complete information about why this investigative action is being carried out, as well as what technical means are used for this. A witness can be present during the whole procedure, read the protocol and demand that changes or additions be made to it that seem important to him. In the end, he can sign the protocol or refuse to sign, but in this case he must motivate his actions.
Responsibilities
In addition to rights, a person who acts as a witness acquires a number of responsibilities. These include:
- Confirmation of the fact of the investigative action, that is, he must look after the investigative actions, and then read the protocol and, if true, sign it.
- Upon the call of the investigator or court, arrive at the proper place.
- Understood, he should not divulge information obtained during the investigation, as well as comply with all other criminal procedural requirements enshrined in law.
Punishment
It should always be understood that the witness is a full-fledged participant in the criminal process, and if a person decides to participate in this role, he must implicitly follow all available rights and obligations. If a witness suddenly begins to shirk from the performance of duties, such as a failure to appear at the call of the investigator, then sanctions in the form of a fine or forced drive may be imposed on him. In some cases, they may criminalize and disclose article 310 of the Criminal Code of the Russian Federation for divulging data.