Non-application of criminal liability for refusal of the witness to give indications

Текст статьи на русском языке

Klyuev A.A.
Candidate of Law, Associate professor
Associate professor of the Criminal law department
Russian State University of Justice North Caucasian branch

Prokhorova M.L.
Doctor of Law, Professor
Professor of Criminal law and criminology department
Kuban State University

Annotation: The article discusses the issues of non-application of criminal liability for refusal to testify against certain categories of citizens. The authors identify individual inconsistencies between the provisions of various branches of law when determining the circle of persons in respect of whom the right to refuse to testify may be exercised. The inexpediency of including in it persons who are in an unregistered (actual) marriage is substantiated. A revised version of the note to Art. 308 of the Criminal Code of the Russian Federation, which, according to the authors, should be universal in nature and include, along with the generally accepted provision on the non-application of criminal liability for refusing to testify against oneself, spouses and close relatives, as well as an indication of other participants who cannot be summoned for giving evidence or may refuse to testify in accordance with procedural law.

Keywords: justice, crimes against justice, refusal to testify, criminal responsibility, witness, witness immunity.