Article 56. Witness

[Code of Criminal Procedure] [Part One] [Section II] [Chapter 8]
. A witness is a person who may be aware of any circumstances relevant to the investigation and resolution of a criminal case, and who is called to testify, except for the cases provided for in part three of this article.

. Summoning and questioning of witnesses is carried out in the manner established by Articles 187 - 191 of this Code.

. The following are not subject to questioning as witnesses:

1) judge, juror - about the circumstances of the criminal case that became known to them in connection with participation in the proceedings in this criminal case;
2) lawyer, defender of the suspect, accused - about the circumstances that became known to him in connection with the application to him for legal assistance or in connection with its provision, except for cases where the lawyer, defender of the suspect, accused applies for questioning as a witness with the consent of and in the interests of the suspect, accused;
3) lawyer - about the circumstances that became known to him in connection with the provision of legal assistance, except for cases where the lawyer applies for questioning as a witness with the consent of the person to whom he provided legal assistance;
4) the clergyman - about the circumstances that became known to him from confession;
5) a member of the Federation Council, a deputy of the State Duma without their consent - about the circumstances that became known to them in connection with the exercise of their powers;
6) an official of the tax authority - about the circumstances that became known to him in connection with the information provided contained in a special declaration submitted in accordance with the Federal Law “On the voluntary declaration by individuals of assets and accounts (deposits) in banks and on amendments to certain legislative acts of the Russian Federation” and (or) documents and (or) information attached thereto;
7) arbitrator (arbitrator) - about the circumstances that became known to him during the arbitration (arbitration proceedings).

. The witness has the right:

1) refuse to testify against oneself, one’s spouse and other close relatives, the circle of whom is determined by paragraph 4 of Article 5 of this Code. If a witness agrees to testify, he must be warned that his testimony may be used as evidence in a criminal case, including in the event of his subsequent refusal to testify;
2) give evidence in his native language or a language he speaks;
3) use the help of a translator for free;
4) challenge the interpreter participating in his interrogation;
5) submit petitions and bring complaints against the actions (inaction) and decisions of the inquiry officer, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the prosecutor and the court;
6) appear for questioning with a lawyer in accordance with part five of Article 189 of this Code;
7) apply for the application of security measures provided for in part three of Article 11 of this Code.

. A witness cannot be forcibly subjected to a forensic examination or examination, except for the cases provided for in part one of Article 179 of this Code.

. The witness has no right:

1) evade appearing when summoned by an inquiry officer, investigator or to court;
2) knowingly give false testimony or refuse to give testimony;
3) disclose preliminary investigation data that became known to him in connection with participation in criminal proceedings, if he was warned about this in advance in the manner established by Article 161 of this Code.

. If a witness evades appearing without good reason, he or she may be brought into custody.

. For giving knowingly false testimony or refusing to give testimony, the witness is liable in accordance with Articles 307 and 308 of the Criminal Code of the Russian Federation.

. For the disclosure of preliminary investigation data, the witness is responsible in accordance with Article 310 of the Criminal Code of the Russian Federation.

Article 439 of the Code of Criminal Procedure of the Russian Federation. End of the preliminary investigation (current version)

1. At the end of the preliminary investigation, the investigator makes a decision:

1) to terminate a criminal case - on the grounds provided for in Articles 24 and 27 of this Code, as well as in cases where the nature of the act committed and the mental disorder of the person are not associated with danger to him or other persons or the possibility of causing them other significant harm;

2) to send a criminal case to court for the application of a compulsory measure of a medical nature.

2. A decision to terminate a criminal case is made in accordance with Articles 212 and 213 of this Code.

3. The investigator notifies the person against whom proceedings are being taken to apply a compulsory measure of a medical nature, his legal representative and defense attorney, as well as the victim, about the termination of the criminal case or sending it to court and explains to them the right to familiarize themselves with the materials of the criminal case. Familiarization with the criminal case, application and resolution of requests to supplement the preliminary investigation are carried out in the manner established by Articles 216 - 219 of this Code.

4. The decision to send a criminal case to court for the application of compulsory medical measures must set out:

1) the circumstances specified in Article 434 of this Code and established in this criminal case;

2) the basis for applying a compulsory measure of a medical nature;

3) the arguments of the defense lawyer and other persons challenging the basis for applying a compulsory measure of a medical nature, if they were expressed.

5. The investigator transfers the criminal case with a decision to send it to the court to the prosecutor, who, within the period provided for in part one or first.1 of Article 221 of this Code, makes one of the following decisions:

1) on approval of the investigator’s resolution and on sending the criminal case to court;

2) on the return of the criminal case to the investigator for additional investigation;

3) to terminate the criminal case on the grounds specified in paragraph 1 of part one of this article.

6. A copy of the decision to send the criminal case to the court for the application of a compulsory medical measure is handed over to the person against whom proceedings are being conducted to apply a compulsory medical measure, his defense attorney and legal representative.

Everything about criminal cases

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After the investigation is completed

- part 1 439 of the Code of Criminal Procedure

The investigator makes a decision:

— clause 1, part 1 439 of the Code of Criminal Procedure

about termination of the case

— clause 2, part 1, 439 Code of Criminal Procedure

on sending the case to court for medical measures

- part 2 439 of the Code of Criminal Procedure

the termination order is issued under
213 Code of Criminal Procedure
Referral to court for medical measures

- part 3 439 of the Code of Criminal Procedure

persons are notified

- part 3 439 of the Code of Criminal Procedure

familiarization with the criminal case is being carried out

- Part 5 439 Code of Criminal Procedure

the case is transferred to the prosecutor, who makes a decision:

- clause 1, part 5 439 of the Code of Criminal Procedure

on approval of the resolution and sending the case to court

— clause 2, part 5, 439 Code of Criminal Procedure

to return the case for additional investigation

— clause 3, part 5 439 of the Code of Criminal Procedure

about termination of the case

Resolution on sending to court

- Part 4 439 Code of Criminal Procedure

The resolution must set out:

- clause 1 part 4 439 Code of Criminal Procedure

circumstances specified in
434 Code of Criminal Procedure
- clause 2, part 4 439 Code of Criminal Procedure

basis for medical measure

— clause 3, part 4, 439 Code of Criminal Procedure

defense arguments challenging the grounds

- Part 6 439 Code of Criminal Procedure

a copy of the resolution is given to the participants

Article 439 of the Code of Criminal Procedure. End of the preliminary investigation

1) At the end of the preliminary investigation, the investigator makes a decision:

1). on the termination of a criminal case - on the grounds provided for by 24 of the Code of Criminal Procedure and 27 of the Code of Criminal Procedure, as well as in cases where the nature of the committed act and the mental disorder of the person are not associated with danger to him or other persons or the possibility of causing them other significant harm;

2). on sending a criminal case to court for the application of compulsory medical measures.

2) The decision to terminate the criminal case is made in accordance with 212 of the Code of Criminal Procedure and 213 of the Code of Criminal Procedure.

3) The investigator notifies about the termination of a criminal case or sending it to court:

- a person against whom proceedings are being conducted to apply a compulsory measure of a medical nature,

- his legal representative,

- and protector

- as well as the victim,

and explains to them the right to get acquainted with the materials of the criminal case.

Familiarization with the criminal case, application and resolution of requests to supplement the preliminary investigation are carried out in the manner established by 216 - 219 of the Code of Criminal Procedure.

4) The decision to send a criminal case to court for the application of compulsory
medical measures must set out:
1). the circumstances specified in 434 of the Code of Criminal Procedure and established in this criminal case;

Url Additional information:

— 97 Criminal Code

grounds for medical measures

— 433 Code of Criminal Procedure

grounds for proceedings for medical measures

2). the basis for applying a compulsory measure of a medical nature;

3). arguments of the defense lawyer and other persons challenging the basis for applying a compulsory measure of a medical nature, if they were expressed.

5) The investigator transfers the criminal case with a decision to send it to court to the prosecutor, who, within the time period provided for in Part 1 or Part 2.1 of 221 of the Code of Criminal Procedure, makes one of the following decisions:

1). on approval of the investigator’s resolution and on sending the criminal case to court;

2). on the return of the criminal case to the investigator for additional investigation;

3). on termination of the criminal case on the grounds specified in clause 1, part 1 of this article.

Url Additional information:

- paragraph 15

Plenum No. 6, failure to serve a copy of the resolution entails the return of the case

6) A copy of the decision to send the criminal case to the court for the application of a compulsory measure of a medical nature is handed over to:

- a person against whom proceedings are being conducted to apply a compulsory measure of a medical nature,

- his protector,

- and legal representative.

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Criminal Procedure Code of the Russian Federation:

Article 439. End of the preliminary investigation

1. At the end of the preliminary investigation, the investigator makes a decision:

1) on the termination of a criminal case - on the grounds provided for in Articles 24 and this Code, as well as in cases where the nature of the committed act and the mental disorder of the person are not associated with danger to him or other persons or the possibility of causing them other significant harm;