Problems of Protection of Witnesses Involved in Criminal Proceedings

The protection of a witness during a criminal trial is the most important component in proving the guilt of criminals. Ensuring organized protection is the responsibility of law enforcement agencies, provided for by the legislation of the Russian Federation. The article reveals the current problems of witness protection, gaps in the legislation that require adjustments and additions on this issue. The witness cannot be sure of his own safety, therefore, at any time in the criminal process, he can change the testimony or completely abandon them. The article provides measures to provide a witness to a crime, including many aspects: protection of close relatives of the witness, if they are in danger, change of appearance, replacement of documents and other measures. The topic of the relevance of the issue of providing a lawyer who will represent the interests of the witness, as well as explain to him all the procedures performed in the course of criminal cases, was also touched upon. The author draws attention to the issue of providing the witness with an interpreter, since he has the right to give evidence at the trial in any language convenient for him. The article mentions the need to tighten the responsibility for the influence of a witness, both on the part of the criminal and on the part of a representative of law enforcement agencies. At the same time, the witness of the crime, in turn, must be aware of his responsibility before the law in catching the criminal, realizing that this is his direct duty. Protection can be provided not only to the witness of the crime, but also to the victim, the private prosecutor, the interpreter, experts, specialists, plaintiffs and defendants. The author comes to the conclusion that the procedure for assigning protection measures should be simplified, since the criminal can outrun the implementation of protection by law enforcement agencies and put pressure on the witness, threatening him or his close relatives with violence. As for the witness, he must speak only the truth in court and is criminally liable for giving false testimony. The protection of a witness is carried out on the basis of an application and is considered within three days or immediately, if the circumstances require it.

witness protection, criminal proceedings, law enforcement agencies, court, counteraction to justice, investigative actions, testimony, false testimony