Witnesses are always needed: the judges explained, when you can read the testimony of eyewitnesses

An important clarification for those facing criminal time, did the constitutional court. He pointed out, in some cases, judges have the right to cause in judicial session of witnesses, and to restrict the reading of their written statements.


photo: Natalia Gubernatorova

As it became known “MK”, the reason for the proceedings was a complaint by the men, convicted of grievous bodily harm for which the victim died. A citizen complained that the process did not come, the key witness for the prosecution. However, the judge is not confused, and he just read the testimony from the investigation. And they formed the basis for a conviction. The prisoner and his lawyer, this approach is not satisfactory. They decided to challenge the article of the criminal procedure code, which entitles the court to disclose the testimony of witnesses and victims given by them earlier. In his petition, the appellant noted that this provision violates his right to protection. After all, neither he nor his attorney was not given opportunity to cross-examine the main prosecution witness in a courtroom. The COP has considered the complaint and decided not to cancel such unfavorable criminal rules. However, in its determination, the lawyers gave an important clarification. The first touched the judges. They Board the constitutional court ordered to read the written testimony of witnesses only in exceptional cases. For example, it may be military service, serious illness, death or the recognition of a person as missing. The second explanation, the COP addressed by the accused and their defenders. They cannot be silent when during interrogations or confrontations occurring disorders: the witness or victim is lying or investigator falsifying their testimony. In such cases, the CC stated advocates the need to actively challenge what is happening, not relying on the fact that the witness, a liar will be able to publicly “crack” in court.

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