Advice 1: How to refuse to be a witness in court

Person who has any information about the case dealt with in court, may be called as a witness. But if such a witness do not want to be, know that there are ways to opt out of this charge.
How to refuse to be a witness in court
Instruction
1
Find out what you are attracted as a witness. If before the trial you are invited to meet with the investigator or the Prosecutor, it may be a good opportunity to learn about what you want your testimony.
2
Wait until you receive the courtbnoy agenda. Without it, you probably won't have the right to attend the court. This paper will be delivered to you by mail by special courier. The summons must be signed by you, it will mean that you are notified of the date and place of the courtmnogo meeting.
3
Specify their rights. This can help the lawyer. His services are available, please contact one of the law firms. Their coordinates are in the directory of organizations in your city.
4
However, there are General provisions of law on witnesses to understand that the lawyer is not required. You have the right to refuse to testify against themselves and their immediate family members - parents, children, spouse, or grandparents. In this case, contact your investigator leading the case, or the court in which there will be a meeting and declares his reluctance to act on the process. Your application needs to satisfy.
5
Another legitimate opportunity to be a witness is the condition or physical inability to arrive at the place of the meeting to the court date. Such statements must be supported by appropriate references. On their basis a judge may decide whether to speak in court. But be prepared that the meeting may be postponed, and you will still take part.
Useful advice
You can't just not show up for court without good reason. The penalty for this can be a fine or community service. Therefore, consider whether an administrative penalty that you won't stand up in court.

Advice 2 : Can I refuse to testify

To refuse to give evidence if the status of the accused, the suspect, the defendant in the criminal case. Also the similar right has a witness, but only in the case when it comes to the testimony against himself, his spouse, close relatives.
Can I refuse to testify
As a General rule, any participant of criminal proceedings shall be obliged to give evidence to the competent authorities and the waiver of the provision of relevant information is grounds for prosecution. However, the current criminal procedure law provides several exceptions under which certain persons may refuse to testify. Sometimes this failure is shared, in other cases, the person refuses to talk about strictly defined circumstances that can lead to assign him any punishment.

The possibility of complete refusal to testify



To refuse to testify may be the only participant in criminal proceedings – the person against whom an investigation, trial. At different stages of the criminal case, the participant may be cited as the suspect, accused, defendant, but in all cases he has the right. Criminal procedure code of the Russian Federation specifically provides for a mandatory warning to such person that voiced their information can be used to confirm significant circumstances of the criminal case. This subsequent rejection of such evidence will not lead to their automatic cancellation.

Special cases of refusal to testify



To refuse to testify in certain circumstances and other participants in criminal proceedings. In particular, such right is given to the witness who has every right not to disclose any information that can incriminate him personally, his spouse, other close relatives. To close relatives included parents, children, grandparents, grandchildren, adopted children, adoptive parents, sisters, brothers. Note that the criminal procedure law prohibits the involvement of certain persons to participate in criminal proceedings as witnesses. Such persons are Ministers, State Duma deputies, Federation Council members, attorneys and advocates who have the right not to disclose information obtained during direct performance of their professional duties (for example, a priest may be bound by the confidentiality of a confession). In addition, such right is granted to judges, jurors who are not questioned in respect of information known to them with participation in a particular case.
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