Witness immunity in criminal proceedings: from theory to practice

Abstract

The Constitution of the Russian Federation and the Code of Criminal Procedure of the Russian Federation establish a provision called witness immunity. This is a right, the use of which allows a participant in the process not to harm himself and his close relatives with his words or actions. This right is granted to many participants at all stages of criminal proceedings. Ensuring the implementation of the right to witness immunity is entrusted to state bodies and officials conducting criminal proceedings (investigator, investigator, prosecutor and court). The article analyzes the provisions on witness immunity contained in the Constitution of the Russian Federation and the Code of Criminal Procedure of the Russian Federation for their compliance. It is stated that Art. 51 of the Constitution of the Russian Federation has a broader content than paragraph 40 of Art. 5 of the Code of Criminal Procedure of the Russian Federation, which requires bringing the norms of the Code of Criminal Procedure of the Russian Federation into conformity with the Constitution of the Russian Federation. It is concluded that the procedure for clarification and implementation of the right to witness immunity does not have sufficient legal regulation in the Code of Criminal Procedure of the Russian Federation, which leads to certain violations in the work of the preliminary investigation bodies, but is partly compensated by clarifications of the Constitutional Court of the Russian Federation and established judicial practice.