Open AccessLEGISLATIVE MODEL FOR THE SECURITY OF INTERROGATION BAN AS A WITNESS IN CRIMINAL PROCEEDINGS
Author(s) -
Н. Г. Муратова
Publication year - 2021
Publication title -
vestnik udmurtskogo universiteta. èkonomika i pravo
Language(s) - English
Resource type - Journals
eISSN - 2413-2446
pISSN - 2412-9593
DOI - 10.35634/2412-9593-2021-31-1-108-116
Subject(s) - witness , interrogation , legislator , legislature , law , political science , legislation , obligation , criminal procedure , state (computer science) , computer science , algorithm
The author examines the legal regulation of the legislative regulation of the prohibition of interrogation as a witness, which has been increasingly strengthening over the past five years. The list of persons who cannot be interrogated as a witness in criminal cases is steadily expanding. The genesis of the safety of witness testimony lies in the ancient democratic norms of domestic and foreign legislation. Can we say that this is related to the institution of witness immunity, or is it a slightly different idea of the legislator? The author, on the basis of a historical and legal analysis of legal acts, substantiates the opinion about the idea of safety of prohibition of interrogation as a witness as a fundamental mechanism for the implementation of the constitutional right to state protection and the right to a legislative list of cases of exemption from the obligation to testify. The study offers a cross-sectoral analysis of the circumstances that are the criteria for prohibiting interrogation as a witness in criminal cases. A legislative model of procedural security procedures for the prohibition of interrogation as a witness is proposed.