The significance of witness testimony in the investigation of criminal offenses

Abstract

The scientific article examines the institution of witness testimony in the process of investigating criminal offenses. A topical issue is the role of witnesses in criminal proceedings as a key source of information that can significantly influence the establishment of the truth. The scientific article is devoted to the problems that arise when obtaining and using witness statements, in particular, their reliability and, accordingly, admissibility, the influence of external pressure and other participants in the proceedings or officials, as well as the possibility of distortion of information, unreliability of data. Special attention is paid to the analysis of the legal confirmation of evidence in the protocol, which is important to ensure the acceptance of this evidence. The rights and obligations of the witness are investigated before the interrogation begins and such results are recorded in the protocol. An appropriate source of accurate recording of the testimony of a witness is audio recording or video recording, and the use of information technology during interrogation is a certain deterrent to the provision of reliable information by witnesses. The testimony of persons in criminal proceedings is recorded in a protocol, which has the form defined by the criminal procedure law and is a mandatory document. In the interrogation protocol itself, it is indicated that the witness was warned about giving false testimony and refusing to testify. At the same time, witnesses have the right not to testify against their relatives. The interrogation protocol has a clearly defined structure, mandatory requisites for filling it out, during the interrogation the witness has the right to use the legal assistance of a lawyer. An important procedural activity is the assessment of the credibility of witness statements and other procedural sources of evidence, which is carried out by the investigator, prosecutor, investigating judge, court on the basis of the law and within the limits of their procedural powers. The main properties of the testimony of a witness, the totality of which forms the content of this type of evidence: the information is an oral or written message; the source of information is a person granted the procedural status of a witness; the information is important for this criminal proceeding; compliance with the requirements of the legislation is ensured when receiving and processing information.