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What does witnessed immunity mean? Concept and its types

Witness immunity means the right of a citizen, by law, not to testify against a specific circle of persons and according to circumstances known to him. At the same time, criminal responsibility for this does not come. This rule 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 can at any time give evidence relevant to a particular case.

Definition

Citizens who possess such a right as witness immunity must be released by law from giving evidence. Nevertheless, these persons can inform the authorities all the information they know about a particular case, but only on their own. In accordance with the Constitution, a person has the right not to give testimony against himself or her close relatives. Therefore, according to Article 308 of the Criminal Code, these persons are exempt from liability.

Nevertheless, if these citizens, at their request, begin to give evidence in the case, they thereby lose their witness immunity. And therefore can be held accountable for reporting false information.

Ban

Witness immunity in the criminal process is as follows:

1. Judges and jurors. They should not disclose any information about the case, as the information became known to them in the course of their professional activities.

2. The lawyer and other other defender of the accused (because the latter appealed to them for the provision of qualified legal assistance).

3. A 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 concerning these categories of citizens are fixed in the CCP. The exceptional cases mentioned above are also noted in Article 56 of the CCP, which states that these persons have the right to witness immunity in criminal proceedings and are not subject to interrogation.

Civil Procedure

Art. 69 CCP reads about the exceptional cases when persons holding positions and having a certain status should not be brought in as witnesses. The right given to them is appropriately called - witness immunity - in the Civil Procedure. In this regard, these citizens can not be questioned as persons who have any information about the case. These include:

- Representatives and advocates, mediators;

- People's assessors and professional judges;

- priests;

- Referees (arbitrators).

These citizens can not witness a single case. In addition, according to the law, it is prohibited. Witnesses' immunity in the civil process is held by 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 were adopted;

- brothers and sisters against each other, as well as grandfathers and grandmothers against grandchildren;

- deputies of legislative authorities;

- Commissioners for the rights of people and entrepreneurs.

Non-disclosure of information

By virtue of his profession, a lawyer who enters into an agreement with a principal has the right to witness lawyer immunity. It does not allow him to disclose to the law enforcement bodies and the court information that he has become aware of from the client. This provision is also prescribed in article 56 of the Code of Criminal Procedure. This is necessary so that a person who has applied for qualified assistance to a lawyer and entrusts his secrets to him, was sure that, in addition to the latter, no person would know about his guilt and the circumstances of what happened. This meaning is laid in the CCP. Because it says exactly that the lawyer of a suspect or accused can not give testimony in the case, since they became known to him in connection with the latter providing legal assistance. This is also stated by the CCP. Article 69 of this document indicates that a representative or an advocate can not report on the circumstances of the case that they have become aware of in connection with the provision of legal assistance. This also confirms the fact that a lawyer is a person who has 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 how the principle of witness immunity manifests itself. In addition, Art. 56 of the Criminal Procedure Code prohibits a certain circle of persons from giving testimony during interrogation. These include judges, defenders, priests. Those persons who have certain information on the case, which became known to them in the course of their professional activities. Therefore, when answering the question of who possesses witness immunity, one can safely indicate this list of persons (because they are registered in the Criminal Procedure Code), as well as close relatives of suspects and accused.

If a citizen wishes to disclose certain information on the case, he should remember that all the rules provided for by the CPC will apply to him. And in the case of giving false testimony, he will be punished accordingly. This applies to those persons who are subject to the right to witness immunity. Therefore, if the wife wants to testify against her husband, she automatically becomes a citizen with procedural status. And at the same time the principle of witness immunity will no longer matter. Because the information obtained during the interrogation in the case will be used by law enforcement bodies as evidence.

In foreign countries

In the US, issues related to the application of witness immunity are given great attention. In addition, he devoted a whole chapter in the Code of Laws. Nevertheless, this is not the only source that speaks of this right of individuals. 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 US this rule is approved by the courts independently. In addition, there are several types:

- witness immunity;

- the right to silence (used against self-incrimination);

- privilege.

Also, they can be fully described in the Unified Rules of Criminal Procedure in force in the United States.

Participant in the proceedings

A witness is the most important figure in the investigation of a criminal case. He is called upon to help the investigation, as well as the court, in resolving issues of particular importance to the whole criminal process. The testimony of this person is considered important in the collection of information on all the circumstances of the committed act and necessary for the most rapid disclosure of the crime. Therefore, special attention is paid to it in the Criminal Procedure Code.

A person who possesses the necessary information in a criminal case and who reported it during interrogation to law enforcement agencies is considered to be a witness. It is for this reason that before the procedural conversation, all rights and duties are explained to him. Also, this citizen is warned about the criminal liability for reporting false information.

In addition, the Constitution and the Criminal Procedure Code singles out a certain range of persons who have witness immunity, the right, whose duty is to refuse to testify and not to communicate with law enforcement agencies. So, for example, a husband, wife, brothers and sisters, children of their parents may not inform the investigation and the court of information concerning their close people. In turn, the lawyer and the priest are forbidden to disclose information that has become known to them in connection with the implementation of professional activities. Thus, the witness immunity in the criminal process is aimed at protecting those categories of citizens who, due to personal and intimate, confidential relations with suspects and accused, can not disclose all the information known to them on the fact of the committed atrocity. However, they can not be held accountable.

Does not apply

The circle of persons specified in the Code of Criminal Procedure and the Code of Civil Procedure are not entitled by law to disclose information they know about the case. 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. From this it follows that an acquaintance or friend may well come up for this procedural role. Especially if he knows all the circumstances of what happened. Also, witness immunity will not apply to defendants who have given false testimony against another person in a different 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. There are its following types:

- Absolute - has the character of legislative prohibition in virtue of Art. 69 of the Civil Procedure Code and the Criminal Procedure Code;

- Relative - is provided for those who can inform the authorities of known information, despite the right to benefit from the refusal in accordance with the Constitution;

- related (voluntary), which gives the right to choose;

- official - allows, by virtue of the position held, not to give evidence (authorized for human rights or entrepreneurs);

- partial - relieves from the message to the authorities only certain information;

- Full - means a legal waiver, which does not entail liability (relatives and relatives of the accused).

Here it should be noted that defenders and representatives in civil and administrative cases are not subject to questioning. Because, by virtue of the law, they are the persons possessing information on the case, which became known to them in the course of their professional activities. The types of witness immunity are not officially fixed in the law, therefore lawyers consider it heterogeneous and divide independently, guided by the norms of Art. 69 ГПК and ст. 56 of the Code of Criminal Procedure.

Rights

If a person is an eyewitness of a committed atrocity, then it is quite possible that he will be summoned to the law enforcement bodies to give evidence on the case. In addition, the person will have this status even if he applies to the police himself, wanting to provide the necessary information that will help the rapid investigation of the case. In this case it will be necessary to check it for witness immunity. CCP in the art. 56 it is provided for certain categories of persons. In this case, a citizen holding the position of a lawyer or a judge can not be a witness. The same rule applies to priests. If the witness is a close relative of the alleged offender, then he is entitled to give evidence in the case, which in the future will be used as evidence. It is also necessary to remember that it is better for a person with this status to come to the interrogation together with the defender.

A citizen summoned for procedural interview to investigative bodies or to a court has the right:

- communicate information in the native language;

- refuse to testify due to the basic law of the state;

- use the help of an interpreter (if necessary);

- file petitions and complaints;

- ask about the application of security measures to him, if his life is threatened;

- come with a lawyer.

Security

In the event that a person summoned as a witness in a criminal case indicates that he or his family members are in danger of being deprived of life or violence, damage to property, the investigator has the right to apply certain measures. Security can be provided to him by the fact that data about his personality will be indicated under a pseudonym. During the trial, his name and surname will also be classified. When a witness is interrogated , a lawyer may attend.

general characteristics

A clear concept of witness immunity is absent in the current legislation. Therefore, professional lawyers interpret it from different points of view, while respecting the norms that are established by civil and criminal law. Witness immunity means the privilege of a person, which consists in the absence of the obligation to testify in a case. In addition, on a legal basis, a person has the right not to disclose information relating to his close and dear people.

Art. 56 of the Code on Criminal Procedure states that judges, lawyers, priests can not be brought in as witnesses. Thus, the law protects the interests of the accused and the persons suspected of crime. Because the judge, the lead process, knows all the details of the committed atrocity from the materials of the case, and therefore he has no right to disclose information obtained in the course of his professional activities to other persons.

The same rule applies to lawyers. The latter, acting as a defender, in no case should not disclose the information received from the principal to other persons. This will be a violation of the law. Clergymen, listening to the confession of the alleged attacker, should also not disclose information from him information to 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 a court as a witness in a case, reported to the law enforcement officer knowingly false information, it can be brought to criminal liability under art. 307 of the Code of Crimes. The same rule applies to experts and translators. If a citizen confessed before the moment of conviction that the testimony given to them was false, then he is absolved from responsibility.

Call

In accordance with the norms of the CPC, a witness can be invited to a procedural conversation or to a court only on the basis of a summons. In this case, this document must contain information concerning the identity of the person summoned for interrogation, and also reflect its procedural status.

The agenda is handed to the witness personally in the hands, sent by mail 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 for some reason is absent. At the same time, a family member who received a summons, undertakes to transfer it to a citizen who must inform the investigation or court of the necessary information on the case.

The agenda can be transferred 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 disclose the reasons for his failure to appear, he can be brought to the court or the police, accompanied by law enforcement officials. In this case, the procedural person must make a special decision. The drive must not be produced at night. The exception is cases that can not wait.

History

The Charter, which dealt with all issues related to criminal proceedings in 1864, said that some people were simply exempted from testifying, because they were not able to be witnesses in the case. Among them, citizens were singled out who could not specifically and reasonably explain what had happened. In addition, such persons included relatives of those accused of committing atrocities. In those distant times, the court itself removed these persons from giving evidence. In addition, each person had the right not to testify against another, if it violated state secrets. According to the Charter of that time, a citizen could simply be removed from giving evidence if the defendant wanted this. 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 CCP, speaks of witness immunity.

The right of the victim

How to be in the event that the injured person is related to the defendant by kinship? Here also comes to the aid of art. 51 of the basic law, which states that every person has the right not to testify against himself and his close people. But here everything can develop and in another way, if the victim, despite the fact of kinship with the suspect, decides to give evidence against him. At the same time, the degree of their proximity is violated, and they become opposing sides.

Privilege of the defendant

A person is given a right, which is fixed in the main law of the state and which he can always use. The court also exempts the accused from giving evidence if the latter wishes this. Because a person has the right not to disclose information relating to the committed atrocity, thereby protecting himself from a reservation. This provision of the Constitution should be explained to the defendant and his relatives at the stage of preliminary investigation. If this is not done, then the evidence in the form of the testimony of these persons can not be the basis of the sentence, because they contradict the established law.

In addition, the defendant has the right also to refuse the testimony that was given to him earlier. Thus, the norm of witness immunity provided for in the Constitutions will be fully implemented.

Basic moments

Witness immunity is clearly defined in the Basic Law of the State, as well as the Code of Civil Procedure and the Criminal Procedure Code. In addition, the status, rights and duties of persons who have the opportunity to testify in the case are fixed here. Thus, Article 56 of the Criminal Procedure Code defines the circle of persons who, due to the performance of professional duties, are prohibited from being witnesses. The same rule is fixed in the CCP. This privilege extends also to the deputies of the State Duma and the Assembly, who, by virtue of exercising their powers, may refuse to give evidence in the case. Witness immunity is one of the principles of justice that gives relatives the right not to inform the investigation and the court of information relating to the investigation of the case where the accused is a close person. This is also stipulated in the Code of Criminal Procedure. GIC, in turn, says that the interrogation as witnesses of those persons who perform official duties is prohibited.

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