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.
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.
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.
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.
