A witness in a criminal trial has certain rights and responsibilities. Because his testimony, which he gave to the investigator at the police and in court, will be used as evidence in the case. The sentence passed on the basis of the information received can completely change the fate of the defendant. Therefore, before interrogation, the witness is warned that he must tell only the truth. That's the order.
However, in Part 3 of Art. 56 of the Code of Criminal Procedure of the Russian Federation contains a list of those persons who cannot be summoned for questioning as witnesses. These include: judges, juries, defense counsel (the suspect's lawyer), priests, members of the Federation Council, tax officials and arbitrators.
What do you need to know?
So, this means that a witness is considered to be a person who knows some of the circumstances of what happened and is summoned to testify to the investigator, interrogating officer or to the court. Thus, a citizen can be invited for questioning in order to convey information to an official not only when he actually has some information, but even if the law enforcement officer has a reasonable assumption that the latter knows something about the crime committed.
It should also be noted that any person can be a witness, regardless of his social status or other circumstances related to his personality. However, the law contains a list of those persons who cannot be called as witnesses either by the police or in court.
Acceptable age
Quite often you can hear the question of how old you must be to become a witness. To give an answer, you must first determine whether this person is needed at the wedding. Perhaps he will play the role of guest of honor or become your assistant. Therefore, the question of age instantly disappears. Of course, you can even choose an eight-year-old child, but he will not be able to help buy the bride or make a beautiful toast. For a large wedding ceremony, it is better to invite an experienced person who will help in solving the most difficult problems.
You don’t have to invite witnesses, but the problems that arise will have to be solved yourself , and this will take a lot of time and will take you away from the main holiday. For many years, these persons have remained important people at the wedding of the newlyweds. These people, being nearby on the main day of life, will help the newlyweds not to encounter unpleasant surprises. They will reliably protect them from troubles that could ruin the festive mood.
Specific Categories
Many people who, by the will of fate, turned out to be eyewitnesses to the commission of criminal acts, are interested in the question of who is not subject to questioning as a witness. After all, sometimes there are cases where even minor citizens with their parents are called in for questioning. So, the list of persons who should not and cannot be witnesses in criminal proceedings is enshrined in the Code of Criminal Procedure. These include:
- judge and jury (they are prohibited from giving evidence on the circumstances of the case if they themselves were participants in this criminal process, i.e. were present at the meeting, assessed the evidence presented, listened to all citizens who told what they know about the atrocity that occurred);
- a lawyer or defense attorney of the suspect who has information on the case due to the fact that they provided their legal assistance to the client (the exception here is in those cases when the defense attorney of the accused requests to interrogate this person as a witness with the consent of the latter and to protect his interests);
- priest - cannot testify about the circumstances of the committed act, because they became known to him at the time of confession;
- members of the Federation Council or deputies of the State Duma of the Russian Federation without their consent; (if they have information on the case in connection with the exercise of authority)
- tax officials cannot disclose information from the declaration submitted by citizens on the basis of the current law, and therefore they are not witnesses and cannot be questioned by a law enforcement officer;
- arbitrators (do not disseminate information about the circumstances that are known to them in connection with the proceedings).
Witness casting. Relative or friend?
The primary task of a good witness is to organize an unforgettable bachelor party, but at the same time not to lose the groom and not to destroy the marriage that has not yet begun. Therefore, on the one hand, the witness must be prudent and calm, like a koala bear, on the other hand, he must be cheerful and active in order to fulfill his main functions:
- help the toastmaster and be the ringleader in all her endeavors;
- slow down the groom and the groom's father in time so that they do not drink too much;
- be charming and courteous with the groom's mother, the bride and the witness;
- sparklingly throw jokes and toasts;
- do not be provoked and buy the bride before registration, her stolen shoe, and then the bride herself during the banquet;
- have the physical fitness to withstand the ceremony and not drop the wedding crown.
The witness is the ringleader and the soul of the party
Taking a brother or relative as a witness in this case is not at all prohibited. Good witnesses are generally worth their weight in gold; they are sold like hotcakes. If you personally are one of those people, then you should think about how many times you can be a witness at a wedding. The people and their wisdom in this matter are completely ambiguous. The numbers range from two to six .
Superstition insists that both the witness and the witness must have their own seventh wedding
But no one keeps real statistics on this issue, so rely, perhaps, on your intuition.
What signs a boyfriend and groomsman should have in order to bring happiness to the newlyweds’ home is not so important if these are people who are truly close to you and who really care about the ceremony and the future family life of the bride and groom.
Important concept
So, from the above, it is clear that certain persons have witness immunity. What does this mean? Everything here is quite simple, according to the law, persons whose list is enshrined in Part 3 of Article 56 of the Code of Criminal Procedure of the Russian Federation cannot be witnesses. Therefore, the latter will not be punished for not giving evidence to the official.
In addition, there are some other categories of citizens who have the opportunity not to testify against themselves and close relatives. These include children, parents, spouses (whose marriage is officially registered), grandparents, grandchildren, adoptive parents, siblings. These persons may immediately refuse the opportunity to testify. If close relatives nevertheless decide to be questioned as witnesses in the case, they lose their immunity. Their statements will be considered evidence.
Are they necessary?
Modern registration rules at the registry office today are such that witnesses are not required to obtain a marriage certificate. However, according to tradition, their presence is necessary.
It is believed that witnesses at a wedding, in the traditional sense of the word, confirm the marriage. These are people who sincerely believe in the love of the young and with all their hearts wish them happiness in their family life. At a wedding, as a rule, there are only two witnesses - a representative from the groom's side and a representative from the bride's side.
In addition, witnesses perform a number of more practical functions. For example, a witness on the bride’s side should organize the holiday, help her friend choose a wedding dress, a bouquet and take care of all the little details and nuances. A lot of trouble also falls on the shoulders of the witness - from choosing a suit to organizing a bachelor party.
It is best to choose as witnesses those who are truly happy for the young people and do not have hidden agendas or envy. This is very important when planning a wedding. Previously, it was believed that witnesses at a wedding should radiate kindness and fun throughout the celebration.
If they are sad and silent, then the family life of the young may not work out. Therefore, when choosing representatives on your part and on the part of your significant other, it is important to take into account the opinion of a particular candidate about the planned marriage.
Additionally
Most citizens know that husbands and wives of accused or suspects are not subject to questioning as witnesses if their marriage is formalized in the established legal manner (by the registry office). The latter are endowed with a certain immunity. But should people whose marriage is not registered testify against their spouses? According to the law, cohabitants are not close relatives. This means that if one of them is under investigation, the “civilian” husband or wife will not be able to refuse to testify. Otherwise, they face criminal liability. You definitely need to know this.
What are witnesses needed for?
In Russia, rules have been established that allow painting to be carried out without witnesses. However, the tradition has developed that they must be present. It’s hard to imagine a wedding celebration without them. They just stand next to the newlyweds and don’t sign anywhere. The newlyweds decide for themselves whether they need these people at the wedding, because they can do without them.
In ancient times, witnesses had to be present at the wedding procedure. A marriage was not considered registered if there was no signature. In addition, they helped organize the celebration, buy the bride, etc. Today their paintings are not needed; the wedding can take place without them. If the newlyweds are not planning a magnificent celebration, witnesses are usually not invited. However, for a large-scale event, the help of loved ones will not hurt. Of course, the toastmaster invited to the wedding will host it brilliantly, but he will not be able to provide the bride with moral support or suggest how to fix her hair or dress.
In details
In this case, I would like to note once again that the suspect’s defender, who provided legal assistance to the latter and has information on the criminal case, cannot be a witness. This only says one thing: the lawyer must keep secret all the information that he learned about at the time of consulting the accused. The investigator does not have the right to call the latter to a procedural conversation as a witness. The lawyer is obliged to keep confidential all information that his client tells him.
However, in practice, different situations occur. For example, the suspect refused the help of one defense lawyer and turned to another. In turn, the new lawyer of the alleged attacker, with the consent of his client, can petition the investigator to invite the first lawyer to the police station and interrogate him as a witness. The main thing is that all these actions do not violate the interests of the accused.
Signs and customs
When getting married, modern young people try to adhere to various customs and a large number of signs that have developed over centuries. This is especially true for invited persons. It is worth paying attention to the following signs and customs:
- The witness's dress should not be black, it can be any color (blue, gold, pink);
- the witness is forbidden to look in the mirror where the bride used to look; according to an old superstition, the bridesmaid can take the groom away; the same applies to the groom's witness - he is prohibited from tying a tie around the groom's neck;
- according to an ancient custom, before registration begins, witnesses must fasten a pin on the newlyweds’ outfit to save the newlyweds from the evil eye;
- witnesses keep wedding rings, they should not touch them or try them on;
- according to custom, the newlyweds enter the registration hall first, the witnesses follow them or are located on the sides;
- It is considered very bad if one of the guests accidentally crosses the path of the newly registered newlyweds;
- when a marriage ceremony is held, the witnesses are obliged to watch the young people, they must protect the young people from touching the empty, beautiful boxes in which the rings were located; according to the sign, future family life will become empty and dreary;
- guests usually shout “Bitter!”; to wish the young people great happiness, witnesses should loudly shout “Sweet!”;
- some witnesses dream of marriage; for the dream to come true, she needs to come in a green dress; if you don’t have one, you should decorate your outfit with a green accessory;
- to attract the attention of the man he likes, the bridesmaid needs to sit on the corner of the table and pull the tablecloth in his direction; he will definitely pay attention to her.
All brides want their wedding memories to last a long time.
Beautiful traditions help make the celebration memorable and spectacular.
About the role of witnesses at a wedding, see the following video.
When are the jurors present?
As a rule, many citizens who are accused of particularly serious criminal acts want their case to be considered by independent judges. Because most suspects are confident that the jury will be able to reach the fairest verdict. In addition, the latter are not subject to questioning as witnesses in this case. How does this happen in practice? For example, if, after a court verdict, the case was sent for review or additional investigation, then it is quite possible that a law enforcement officer will collect additional evidence of the guilt of the accused. To do this, the investigator will need to again interrogate all witnesses regarding the circumstances of the incident. But, will an official be able to summon a juror who knows a fairly large amount of information about this case to a procedural conversation? According to the law, this is unacceptable. Because, taking into account the norms of the current Code of Criminal Procedure, a juror is not subject to questioning as a witness.
Main proof
When investigating a criminal case, the greatest attention is paid to witness testimony. As a rule, it is this information that becomes the main evidence of the guilt or innocence of the accused. It is for this reason that witnesses are held criminally liable for providing knowingly false information to an investigator or court. Indeed, in most cases, the future life and fate of the person who finds himself in the dock depends on the testimony of witnesses.
Who is the best fit?
In most cases, newlyweds ask their best friends to be witnesses at the wedding. Usually these are two single people who are in a close relationship. Sometimes this role is played by two girls, although quite often two guys are invited. To make the holiday fun, you need to approach a couple of witnesses very carefully. These should be sociable and cheerful people, light drinkers, who know how to cheer up.
Any friend of the bride can become a witness. The groom can invite his brother. There are no age restrictions. Ideally, witnesses should have the following qualities:
- communication skills;
- responsibility;
- intelligence;
- sense of humor;
- pleasant appearance.
At confession
Sometimes it happens that a person who has committed a crime cannot live long with such a burden on his soul and comes to the temple in order to tell everything to the clergyman. After all, the latter will not reproach the citizen who committed the crime, but, on the contrary, will help him gather his courage and make the truly right decision. After confession, many criminals go to the police and write a confession. In their statement, the latter often indicate that they told the clergyman of the church about everything.
According to the law, a law enforcement officer will not be able to call the latter for questioning. Because the current rules of the Code of Criminal Procedure prohibit this. After all, a clergyman is not subject to interrogation as a witness if he learned information about the crime committed from the attacker himself during confession.
A comment
The list of those persons who are not subject to questioning as witnesses is recorded in Art. 56 Code of Criminal Procedure of the Russian Federation. I can only agree with her comments. After all, judges, jurors, defenders of suspects, lawyers cannot be witnesses. Because by the nature of their activities, they have information that became known to them during the investigation and consideration of the case in court.
In turn, the investigator involved in uncovering the crime cannot force these individuals to testify. After all, according to the law, they have witness immunity.
What should I do if I receive a summons?
The law provides an exhaustive list of those persons who cannot be witnesses in the case. Therefore, if the suspect’s lawyer or the clergyman of the church in which the alleged attacker confessed, as well as an official from the tax office, where the accused transmitted information, receive a summons to appear before the investigator, then they have every right to come to the procedural conversation, but immediately refuse to give any information. - any indications.
In addition, the police officer himself must remember that by calling these persons as eyewitnesses of what happened, he violates the norms of the current law. After all, despite the fact that any person can be a witness, regardless of his social status or financial situation, the Code of Criminal Procedure provides for a certain list of persons who do not participate in the procedural conversation as witnesses. This rule applies to both judges and juries.
Moreover, persons who have such witness immunity can file a complaint against the actions of the investigator to his supervisor, as well as to the prosecutor's office or to a judicial authority.
Is it possible to invite a married person?
Usually the groom's witness is a man. A woman always helps the bride. Both witnesses must be free from marital obligations. It is believed that if a married witness is invited or the role of witness is played by a husband and wife, the newlyweds will not have long-term family happiness. According to established tradition, the best witnesses are considered to be a pair of lovers. However, it is better to take single people who don’t know each other well or don’t know each other at all.
In order for the wedding banquet to be fun, unmarried witnesses must be able to cheer up, be active, sociable, and sociable. If the wedding is conducted by a toastmaster, the main task of the witnesses is to participate in all the games and various funny competitions. The bride's cousin can act as a witness. The following close relatives can become witnesses:
A sister cannot act as a witness to the bride. When choosing a bridesmaid, she must take into account one ancient tradition: the age of the bride should always exceed the age of the girl. In previous years, it was believed that witnesses should be strongly religious people. Today, when ordinary registration is carried out at the regional registry office, you should not pay attention to this rule.
If the future newlyweds are believers, and they are planning a wedding in the future, observing this tradition becomes mandatory.
In practice
The testimony of witnesses in a criminal case is critical. Moreover, as mentioned earlier, they are considered one of the main evidence in the process. It should also be noted here that in the practical activities of law enforcement agencies, witnesses are often children who give evidence to the investigator in the presence of a psychologist, teacher or their parents. It is also possible to interrogate persons who have any physical disabilities as eyewitnesses to the incident. However, the court may doubt the testimony of these persons. After all, a deaf-mute person or a person suffering from schizophrenia cannot always correctly assess what is happening. Therefore, often such people undergo an examination in a special medical institution before giving testimony.
Who can't?
According to tradition, the bride and groom must invite as assistants those whose social status does not contradict the atmosphere of the holiday. In addition, they choose based on their character and relationships with these people. Let's consider unsuitable candidates for the role of witnesses.
- You cannot invite divorced people, as well as those who have already had one marriage behind them. The belief says that such a witness will bring misfortune to the young people and lead them to a quick divorce. And the young people will feel uneasy: how can a person who has failed to maintain a relationship with his significant other wish for happiness in marriage and take such a key role at the celebration?
- A widower or widower cannot be appointed as a witness. According to the superstition, such assistants at a wedding can cause trouble.
- Married couples should not be invited. This does not threaten anything for the young, but the life of the spouses after such a celebration can be ruined.
- Boring, shy and passive people are also not suitable for this role, since they will not be able to fully fulfill all their duties and basic functions.
- You cannot choose those who do not share your joy about getting married. Envy and gossip have no place on such an important day for young people.
- You should not invite the namesake of the bride or groom to act as an assistant.
