WITNESS PROTECTION

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Artem Kovalev

Expert in the field of criminal, administrative and civil law. Specializes in military crimes and crimes in the financial sector

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WITNESS PROTECTION

Reading time: 3 min.

WITNESS PROTECTION - kubov andrey 300x300 1 A witness is a person who is aware or may be aware of circumstances that require evidence in the course of criminal proceedings. Such a person will be summoned to court to testify.

 In court, it is very common for witnesses to drastically change their testimony: half of the testimony was recorded by the investigator using case materials; the witness signed the report without going into details, which is exactly what is stated in it (due to illegible handwriting of the investigator); signed the protocol, without reading, on trusting relations with the investigator and other.

 If a person for the first time in his life acts as a witness in a particular case, he may not fully understand the significance of this event. Few people know that a witness has specific responsibilities, in case of non-fulfillment of which – he will face criminal liability. As a rule, this list includes refusal to testify or giving knowingly false testimony.

 Therefore, if you received a summons to court as a witness, you must seek the help of a lawyer in a timely manner. In practice, there are often situations when a suspect is questioned as a witness, and after receiving all the necessary information – as a suspect in the case. Thus, all the evidence obtained will soon be directed against him.

 To prevent such a scenario, it is necessary to go for questioning with a criminal lawyer.

 A witness may receive advice from his or her lawyer on disputes throughout the interrogation. In turn, the lawyer will keep written notes, with the permission of the investigator to ask interesting questions. According to the law, a lawyer has the right to prohibit a witness from answering the investigator’s questions, but rejected questions must be recorded in the record. After the interrogation, the lawyer is given the opportunity to make a written statement in which he can indicate all the offenses of the investigator in relation to the witness and the procedure itself. All statements will also be recorded in the interrogation report and further assistance from a lawyer will help you avoid undue consequences.

 Cases when a person cannot be questioned as a witness:

  • civil plaintiff, civil defendant, representative of the victim, legal entity to which the proceedings relate, etc .;
  • lawyers whose information is a lawyer’s secret;
  • notaries, whose information is a notarial secret;
  • employees of medical institutions, whose information is a medical secret concerning a person’s diseases, his medical examinations, personal and intimate life;
  • clersons, whose information was obtained during confession;
  • journalists whose information is information that is not subject to disclosure;
  • juries and judges;
  • persons who participated in the conclusion of an amicable agreement in criminal proceedings;
  • persons for whom security measures are applied;
  • persons who have the right to diplomatic immunity or employees of diplomatic missions (without the consent of this agency).

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