Губайдуллина Э. Г.
Курсант 209 взвода.
УЮИ МВД России
State protection of victims and witnesses
Civic duty of any
citizen is the right and duty to give evidence about the circumstances, which
he had witnessed, since the interests of justice require that affect a wide
range of human rights and freedoms, the legitimate interests of individuals and
legal entities. From good practice depends on the truth of the witness in the
administration of justice, it is objective, comprehensive and complete looking.
Realities of our lives are such that the majority of crimes committed in a
non-obviousness, with careful preparation and the elimination of traces of the
wrongful act. Therefore, the testimony of victims and witnesses, which are
direct witnesses of the crime, it is very important to establish the truth in
the case. However, not every witness a crime, in particular, extremely serious,
is willing to testify. One reason for this is the fear for their own lives and
health [1].
According
h. 3 tablespoons. 11 Code of Criminal Procedure if there is sufficient evidence
that the victim, witness or other participants in criminal proceedings, as well
as their close relatives are threatened with murder, violence, destruction of
or damage to their property or other dangerous illegal acts, the court, the
prosecutor, the head of the investigative body, the investigator, the body of
inquiry and the investigator shall take within its competence in relation to
such persons the security measures provided for by Art. Art. 166 (ch. 9), 186
(ch. 2), 193 (ch. 8), 241 (n. 4 hours. 2) and 278 (ch. 5) of the Code, as well
as other security measures provided by the legislation of the Russian
Federation.
Therefore
it is very important to state protection of victims and witnesses. In respect
of the protected person can be applied simultaneously or several of the
following security measures: personal protection, protection of home and
property; issuance of special means of individual protection, communication and
warning of the danger; ensuring the confidentiality of information about the
protected person; relocation to another place of residence; replacement of
documents; change of appearance; change of place of work (service) or study;
Temporary placement in a safe place; the use of additional security measures in
respect of the protected person in custody or being in prisons, including the
transfer from one place of detention or serving their sentence in another. With
respect to the protected person may apply other security measures.
Security
measures are applied on the basis of a written statement of the protected
person, or with his consent, expressed in writing, and the juvenile - on the
basis of a written application of the parents or persons substituting them, as
well as authorized representatives of the guardianship authorities (in the
absence of parents or persons replacing them) or with their consent, expressed
in writing [2].
The court
(judge), the police chief, the head of the investigation department or the
investigator received a statement (message) about the threat of murder victim
or witness (close relatives, relatives and those close to them, illegal
encroachment on which is to influence the victim or witness), abuse him, the
destruction of or damage to his property or other dangerous illegal act, are
obliged to verify this statement (message) and decide on the application of
security measures in relation to his or refusal of their application. About the
decision reasoned decision (determination), which is sent to the body
responsible for security measures for execution, as well as the person against
whom the said decision (ruling).
The
procedure for the protection of information on the implementation of the state
protection of participants in criminal proceedings. For information to be
protected, include information on the implementation of state protection and
the protected person. The basis for the protection of information is a decision
on the implementation of state protection by the application of security
measures or measures of social support, accepted by the court (judge), the head
of the body of inquiry or the investigator in charge of the application
(report) about a crime or a criminal case, and issued in the form of a reasoned
resolution (definition) [3]. Disclosure of data on security measures used
against the victim, his representative, the witness, as well as with respect to
their loved ones, entails criminal liability in accordance with Art. 311 of the
Criminal Code.
As a
general rule, mainly the decision to protect a victim or witness is accepted at
the stage of preliminary investigation, which itself is dedicated to h. 9 Art.
166 Code of Criminal Procedure, according to which, if necessary, to ensure the
safety of the victim, his representatives, witnesses, their relatives, the
investigator shall be entitled to the protocol of investigative actions
involving the victim, his representative or the witness does not give details
about their identity. In this case, an investigator with the consent of the
head of the investigative body shall issue an order setting out the reasons for
the decision to keep secret the data, indicate the alias member investigative
action and a sample of his signature, which he will use in the records of
investigative actions conducted with his participation. Resolution is placed in
an envelope, which is then sealed and attached to the criminal case.
Law
enforcement practice shows that in most cases, under the pseudonym examine
witnesses, not the victims. Considering the merits of the case, to ensure the
safety of the witness under the pseudonym court without disclosing the true
identity of the witness data spends his interrogation in conditions excluding
the visual observation of the witness by other participants in the proceedings.
Before questioning the witness under the pseudonym of the presiding judge to
the court clerk establish his identity in accordance with the data available in
a sealed envelope with the materials of the criminal case [4] . In the
subscription on the prevention of criminal liability witness signs his
pseudonym.
List of references
1. The Criminal Procedure Code of the Russian Federation
2. The federal law from 20.08.2004 N 119-FZ (ed. By 30.11.2011) "On
state protection of victims, witnesses and other participants in criminal
proceedings"
3. Tomilova N.S. State protection of participants in criminal proceedings:
the relevance and problems // Business Law. - M., 2009. -№1.
4. Problems and prospects of development of the institution of the state
protection of victims, witnesses and other participants in criminal
proceedings. Borodkin T. "Mirovoi sudya", 2010, N 4