Witness as a member of the criminal (2016)

Witness as a participant in criminal proceedings (2016)

PLAN


Introduction 3
§ 1. Procedural features of attracting a witness as a participant in criminal proceedings 5
§ 2. The legal status of the witness as a member of the criminal
legal proceedings 13
§ 3. Witness immunity 17
§ 4. Problems of witness protection 22
Conclusion 27
References 30

LIST OF USED LITERATURE

I. Regulatory legal acts
1. The Constitution of the Russian Federation of December 12, 1993 (as amended on July 21, 2014) // Rossiyskaya gazeta. 2009. No. (7) 4831. 21 Jan.
2. Convention for the Protection of Human Rights and Fundamental Freedoms ETS No. 005 (Rome, November 4, 1950) (as amended and added as of June 11, 1994) // Collected Legislation of the Russian Federation. 1998. № 20. Art. 2143.
3. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on December 30, 2015) // Collected Legislation of the Russian Federation. 1996. № 25. Art. 2954.
4. Criminal Procedure Code of the Russian Federation of December 18, 2001 No. 174-FZ (as amended on 07.13.2015) // Collected Legislation of the Russian Federation. 2001. No. 52 (1 h.). Art. 4921.
5. Law of the Russian Federation of December 27, 1991 No. 2124-1 “On the Mass Media” (as amended on 13.07.2015) // Vedomosti SND and the RF Armed Forces. 1992. № 7. Art. 300
6. Federal Law of the Russian Federation of August 20, 2004 No. 119-FZ “On State Protection of Victims, Witnesses, and Other Participants in Criminal Justice” (as amended on March 8, 2015) // Collected Legislation of the Russian Federation. 2004. № 34. Art. 3534.
7. Presidential Decree of September 6, 2008 No. 1316 “On Certain Issues of the Ministry of Internal Affairs of the Russian Federation” (as amended on September 5, 2011) // Collected Legislation of the Russian Federation. 2008. No. 37. Art. 4182.
8. Order of the Ministry of Internal Affairs of the Russian Federation of June 21, 2003 No. 438 “On Approval of the Instruction on the Drive Procedure” (as amended on 01.02.2012) // Bulletin of normative acts of federal executive bodies. 2003. No. 47.
9. Order of the Ministry of Justice of the Russian Federation of August 3, 1999 No. 226 “On approval of the Instruction on the procedure for execution by bailiffs of orders of the court chairman, judge or presiding judge in court session and interaction of court bailiffs with officials and citizens in the performance of duties to ensure the established order of the courts and participation in executive activity ”(ed. 12.01.2004) // Bulletin of the Ministry of Justice of the Russian Federation. 1999. № 10.

Ii. Educational, scientific literature and other materials
1. Appeal definition of the Samara Regional Court of the Samara Region of November 24, 2014 in case No. 22-5392 / 2014 // ATP "Garant".
2. Grigoriev F.G. The procedural position of the witness in criminal proceedings: dis. ... Cand. legal sciences. M., 2009.
3. Dekhanov S. A. About the interrogation of witnesses: a brief comparative review of the leading legal systems. // Law practice. 2013. No. 2. P. 26 - 29.
4. Karmanovsky M. S. To the question of the legal status of a witness as a victim of criminal encroachment. // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. 2010. No. 3. P. 79 - 81.
5. Kolokolov N. A. Interrogation of a lawyer: generally accepted breaking of the presumption. //Criminal process. 2014. № 11. P. 10 - 15.
6. Determination of the Constitutional Court of the Russian Federation of February 6, 2004 No. 44-O “On the complaint of citizen Demyanenko Vladimir Nikolayevich to the violation of his constitutional rights by the provisions of Articles 56, 246, 278 and 355 of the Criminal Procedure Code of the Russian Federation” // Collected Legislation of the Russian Federation . 2004. № 14. Art. 1341.
7. Definition of the Constitutional Court of the Russian Federation of December 16, 2008 No. 1036-O-P “According to the complaint of citi