CURRENT PROBLEMS OF THE LEGAL STATUS OF A WITNESS IN CRIMINAL PROCEEDINGS
The article shows the significance of a witness and testimony in proving the circumstances in a criminal case. The legal status of this participant of legal proceedings is analyzed by considering a number of relevant norms of the Criminal Procedure Code of the Russian Federation. The article consi...
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| Format: | Article |
| Language: | English |
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Bashkir State University
2023-12-01
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| Series: | Правовое государство: теория и практика |
| Subjects: | |
| Online Access: | https://pravgos.ru/index.php/journal/article/view/863 |
| _version_ | 1797289331173359616 |
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| author | KOZYREVA Irina Evgenievna |
| author_facet | KOZYREVA Irina Evgenievna |
| author_sort | KOZYREVA Irina Evgenievna |
| collection | DOAJ |
| description | The article shows the significance of a witness and testimony in proving the
circumstances in a criminal case. The legal status of this participant of legal proceedings is analyzed by considering a number of relevant norms of the
Criminal Procedure Code of the Russian Federation. The article considers the witness’s rights, his or her duties, and attention is paid to persons who cannot testify due to testimonial immunity. The problems of ensuring the safety of witnesses are outlined, which leads to the conclusion that failure to
provide for their safety excludes the participation of witnesses in a criminal case. Reference is made to the need to strengthen the criminal liability
of witnesses for refusing to testify when the form of such refusal is the failure to appear before the preliminary investigation authorities and the court. The purpose of the study is to identify the legal nature of the witness status and his legal responsibility taking into account modern requirements of law enforcement activities. The dialectical method serves as the methodological
foundation of the research. In addition, the general scientific methods of analysis, synthesis and system approach are applied, as well as special-legal
methods: legal interpretation and logical-legal. Conclusions are reached on the need to improve the legal status of the witness, to strengthen measures
to ensure the safety of witnesses, to increase the legal responsibility of witnesses for actions that violate the witne ss’s duties. |
| first_indexed | 2024-03-07T19:03:23Z |
| format | Article |
| id | doaj.art-6f5ad465aaa2435486cff2a732f35a95 |
| institution | Directory Open Access Journal |
| issn | 2500-0217 |
| language | English |
| last_indexed | 2024-03-07T19:03:23Z |
| publishDate | 2023-12-01 |
| publisher | Bashkir State University |
| record_format | Article |
| series | Правовое государство: теория и практика |
| spelling | doaj.art-6f5ad465aaa2435486cff2a732f35a952024-03-01T11:08:15ZengBashkir State UniversityПравовое государство: теория и практика2500-02172023-12-01194(74)12913510.33184/pravgos-2023.4.15CURRENT PROBLEMS OF THE LEGAL STATUS OF A WITNESS IN CRIMINAL PROCEEDINGSKOZYREVA Irina Evgenievna0Ufa University of Science and TechnologyThe article shows the significance of a witness and testimony in proving the circumstances in a criminal case. The legal status of this participant of legal proceedings is analyzed by considering a number of relevant norms of the Criminal Procedure Code of the Russian Federation. The article considers the witness’s rights, his or her duties, and attention is paid to persons who cannot testify due to testimonial immunity. The problems of ensuring the safety of witnesses are outlined, which leads to the conclusion that failure to provide for their safety excludes the participation of witnesses in a criminal case. Reference is made to the need to strengthen the criminal liability of witnesses for refusing to testify when the form of such refusal is the failure to appear before the preliminary investigation authorities and the court. The purpose of the study is to identify the legal nature of the witness status and his legal responsibility taking into account modern requirements of law enforcement activities. The dialectical method serves as the methodological foundation of the research. In addition, the general scientific methods of analysis, synthesis and system approach are applied, as well as special-legal methods: legal interpretation and logical-legal. Conclusions are reached on the need to improve the legal status of the witness, to strengthen measures to ensure the safety of witnesses, to increase the legal responsibility of witnesses for actions that violate the witne ss’s duties.https://pravgos.ru/index.php/journal/article/view/863witness safetypreliminary investigationwitnesswitness testimonywitness statuscourtcriminal c ase |
| spellingShingle | KOZYREVA Irina Evgenievna CURRENT PROBLEMS OF THE LEGAL STATUS OF A WITNESS IN CRIMINAL PROCEEDINGS Правовое государство: теория и практика witness safety preliminary investigation witness witness testimony witness status court criminal c ase |
| title | CURRENT PROBLEMS OF THE LEGAL STATUS OF A WITNESS IN CRIMINAL PROCEEDINGS |
| title_full | CURRENT PROBLEMS OF THE LEGAL STATUS OF A WITNESS IN CRIMINAL PROCEEDINGS |
| title_fullStr | CURRENT PROBLEMS OF THE LEGAL STATUS OF A WITNESS IN CRIMINAL PROCEEDINGS |
| title_full_unstemmed | CURRENT PROBLEMS OF THE LEGAL STATUS OF A WITNESS IN CRIMINAL PROCEEDINGS |
| title_short | CURRENT PROBLEMS OF THE LEGAL STATUS OF A WITNESS IN CRIMINAL PROCEEDINGS |
| title_sort | current problems of the legal status of a witness in criminal proceedings |
| topic | witness safety preliminary investigation witness witness testimony witness status court criminal c ase |
| url | https://pravgos.ru/index.php/journal/article/view/863 |
| work_keys_str_mv | AT kozyrevairinaevgenievna currentproblemsofthelegalstatusofawitnessincriminalproceedings |