The Witness and His Right to Security in Criminal Proceedings

Abstract

The article examines topical issues related to the procedural status of a witness and his right to security in criminal proceedings. It is noted that the main feature of the procedural status of a witness, which distinguishes him from other participants in criminal proceedings, in particular from the victim, suspect, accused, is the presence of an obligation to testify on the merits of criminal proceedings. The author notes that procedural methods of non-disclosure of information about a witness taken under protection are of particular interest. These include limiting information about him in inspection materials (statements, explanations), as well as protocols of investigative (search) actions and court hearings, replacing his last name, first name, and patronymic in these documents with a pseudonym. All these actions are carried out on the basis of a resolution (decision) on changing personal data issued by an inquiry body, an investigator, a prosecutor or a judge (court). It is in it that the real profile data of the person taken under protection is indicated. This resolution (decision) is not attached to the materials of the criminal proceedings, but is kept separately in the body in whose proceedings it is. In addition, the Law provides for some features of conducting a number of investigative (search) actions with the aim of not disclosing data about the persons participating in them.

It was concluded that despite the difficulties in implementing measures for the protection of witnesses, which are of significant procedural importance, the legislator should not exclude provisions on the mandatory and effective protection and support of these participants by law enforcement agencies. To solve the task, it is necessary to study the existing provisions in detail, take into account the current actual situation, which has developed with the aim of reducing the level of crime by increasing the level of "involvement" on the part of victims and witnesses, who will "fearlessly" turn to law enforcement agencies without fear for their lives and lives loved ones.