In Russia, an attesting witness is an uninterested person who voluntarily participates in part of the procedural actions of criminal and administrative cases, directly participating in the process of inquiry or investigation, having a certain set of rights and obligations provided for by the Code of Criminal Procedure of the Russian Federation.
Instructions
Step 1
An attesting witness is called upon to attest to the fact that the necessary investigative and search measures have been carried out in the manner prescribed by law. All participants in the criminal case: officials (investigator, operative, interrogator, etc.), the accused and relatives on both sides, as well as persons who have not reached the age of majority, cannot be understood.
Step 2
Before accepting the obligations of an attesting witness imposed on him, a person must be informed in which case he will have to participate, on the basis of which executive documents, and familiarize himself with his powers, about which a corresponding entry is made in the documents of office work.
Step 3
After that, the attesting witness has the right to learn about all the investigative actions, make comments or disagreements with the course of the investigation, and their obligatory entry into the relevant documents (an act of enforcement actions, for example). With his signature, he confirms his agreement with all the events held in his presence.
Step 4
The first citizen you meet can be understood. But there are few "volunteers" for this role. Because in practice, things may not go as smoothly as on paper. People, as a rule, are afraid of the obligations imposed on them later: about non-disclosure of any information about the course of the investigation (if necessary), as well as immediate appearance, as an additional witness, to the investigator, interrogator and to court. This can be a significant problem if the person lives in another city. In such cases, it is good to know that the law of the Russian Federation provides for the right to compensation for the costs incurred by the attesting witnesses related to his participation in the case (for example, loss of time or wages).
Step 5
Militia officers usually keep silent about these not very pleasant moments, inviting someone to “stay for a while” as an attesting witness. Assuring that all this is a simple formality, and only a signature is required from him, confirming the legality of the actions of law enforcement officers. Therefore, attesting witnesses often have to sign documents drawn up without him, about the content of which they have a vague idea. In this case, they need to make a note of the administrative violation before signing the protocol. The moral duty of every witness is to remember that the fate of a person can depend on his actions.
Step 6
The accused, too, should not be indifferent to the choice of an attesting witness in his case. You can ask for a document for identification, to clarify whether the person is ready to be a witness in the future in the future. If not, demand another.
