Ensuring the safety of participants in criminal proceedings under the implementation of the fundamental provisions of judicial proceedings
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 4
, 2024
Rubrics: ARTICLES ABOUT CRIMINAL PROCEDURE
Authors:
1.
Omsk Academy of the Ministry of Internal Affairs of Russia
Omsk, Russian Federation
Omsk, Russian Federation
Type:
Article
eLocation:
Status:
Published
Received:
26.09.2024
Accepted:
27.12.2024
Published:
13.07.2025
Language:
Russian
Keywords:
Criminal procedure, criminal prosecution, trial, evidence, security measures, participants in criminal proceedings.
Abstract (English):
Introduction. The article considers the issues of application of criminal procedural security measures in relation to participants in criminal proceedings. The author draws attention to the fact that most of such measures are aimed at concealing information about the protected person. At the same time, the reliability of information obtained in the framework of pre-trial proceedings is verified under the conditions of the fundamental provisions of the trial, which provide an opportunity to verify the source of evidentiary information. In this regard, the question is raised about the validity of disclosing information about the protected person during the judicial consideration of a criminal case. In the course of the study, some results of which are presented in the article, it was determined that in criminal proceedings there should be guarantees that confirm that the concealment of data about the protected person is justified. Currently, one of such guarantees is the coordination of the decision to conceal information about a person with the head of the investigative body or the head of the inquiry body. The author of the article draws attention to the fact that this is not enough. Restriction of the right to familiarize oneself with the data of a person testifying against the accused directly affects the constitutional right to defend oneself from criminal prosecution. To solve the problem, it is proposed to provide in the law the admissibility of keeping data on the protected person secret only on the basis of a court decision. Methods. General scientific and specific scientific methods of cognition (comparative legal, formal legal, logical) were used in the study. Results. The article formulates proposals on establishing guarantees for the protection of the interests of persons subject to post-criminal influence. In particular, it is indicated that the concealment of information about a person participating in criminal proceedings must be justified. A court decision can serve as a guarantee of justification. Such an approach will increase the level of implementation of the constitutional right to protection from criminal prosecution by providing the defendant with the opportunity to familiarize himself with the identity of the person testifying against him.
Introduction. The article considers the issues of application of criminal procedural security measures in relation to participants in criminal proceedings. The author draws attention to the fact that most of such measures are aimed at concealing information about the protected person. At the same time, the reliability of information obtained in the framework of pre-trial proceedings is verified under the conditions of the fundamental provisions of the trial, which provide an opportunity to verify the source of evidentiary information. In this regard, the question is raised about the validity of disclosing information about the protected person during the judicial consideration of a criminal case. In the course of the study, some results of which are presented in the article, it was determined that in criminal proceedings there should be guarantees that confirm that the concealment of data about the protected person is justified. Currently, one of such guarantees is the coordination of the decision to conceal information about a person with the head of the investigative body or the head of the inquiry body. The author of the article draws attention to the fact that this is not enough. Restriction of the right to familiarize oneself with the data of a person testifying against the accused directly affects the constitutional right to defend oneself from criminal prosecution. To solve the problem, it is proposed to provide in the law the admissibility of keeping data on the protected person secret only on the basis of a court decision. Methods. General scientific and specific scientific methods of cognition (comparative legal, formal legal, logical) were used in the study. Results. The article formulates proposals on establishing guarantees for the protection of the interests of persons subject to post-criminal influence. In particular, it is indicated that the concealment of information about a person participating in criminal proceedings must be justified. A court decision can serve as a guarantee of justification. Such an approach will increase the level of implementation of the constitutional right to protection from criminal prosecution by providing the defendant with the opportunity to familiarize himself with the identity of the person testifying against him.
Keywords:
Criminal procedure, criminal prosecution, trial, evidence, security measures, participants in criminal proceedings.
Criminal procedure, criminal prosecution, trial, evidence, security measures, participants in criminal proceedings.
