Open AccessFeatures of Obtaining, Evaluating and Using of Testimony of a Person Questioned in a Criminal Case of an Accomplice
Author(s) -
В. С. Шадрин,
Б. Б. Булатов
Publication year - 2021
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2021.123.2.102-113
Subject(s) - privilege (computing) , criminal trial , law , criminal procedure , psychology , criminology , criminal code , criminal law , russian federation , political science , criminal case , sociology , regional science
Under Article 56.1 of the Criminal Procedure Code of the Russian Federation, an individual in whose respect the criminal case was separated into a separate proceeding due to the conclusion of a pre-trial cooperation agreement among the participants of the Russian criminal proceedings has appeared. This results in intensification of the discussion of the legal status of not only this individual, but also of a number of other actually existing similar participants. They include, inter alia, a convicted person questioned in the case of his accomplice previously allocated to a separate proceeding due to suspension for one reason or another and subsequently resumed; the person against whom the criminal case has been dismissed, etc. All of them are united by the fact that they are involved in criminal investigations against the accomplices to testify against their wrongful actions. This kind of testimony is of considerable specificity, as it is given by persons with the privilege against self-incrimination and interested in the outcome of the case. This predetermines significant nuances of the procedure of obtaining, evaluating and using such testimonies.