УЧАСТИЕ ОБВИНЯЕМОГО В СУДЕБНОМ РАЗБИРАТЕЛЬСТВЕ

Abstract

In the trial, the accused is a participant on the part of the defense, who has all the rights of a party in the process and has the right to participate in the study of all the evidence presented by the participants in the trial during the investigation of the circumstances of the case. In carrying out his defense, the accused can not only actively participate in the trial, but also take a passive position. On the other hand, his testimony is evidence in a criminal case, including an accusatory one. In this case, "the evidence base of the prosecution can be formed with the participation of the accused himself," while the participation of the accused in the study and presentation of evidence should not be made dependent on his consent or refusal to testify. In foreign practice, in particular in the criminal proceedings of England and the USA, the testimony of the accused is a kind of testimony that has certain specifics. This is manifested in the following. In the United States, the accused can: refuse to testify; act as a defense witness without an oath (in this case, his testimony is not given the force of evidence); testify under oath. In England, the accused must either remain silent (refuse to testify), or act as a witness. Both in England and in the USA, if the accused decides to testify, he is interrogated as a witness under oath, may be cross-examined when the prosecution, the court will be able to ask questions incriminating the accused of committing a crime, he is also responsible for giving false testimony.