Legality of Announcing Testimony of a Victim and Witness in a Criminal Case in Court: From Theory to Practice
( Pp. 89-94)
More about authors
Ramil Ya. Mamedov
Cand. Sci. (Law), Assoc. Prof. of Criminal Procedure
Kuban State University
Krasnodar, Russian Federation
Kuban State University
Krasnodar, Russian Federation
Abstract:
Abstract: This article examines the exceptional grounds provided by law for the disclosure of testimony given by victims and witnesses during the pre-trial stage of criminal proceedings. Each basis for the disclosure of testimony given during the pre-trial stage is analyzed. A separate explanation is given as to why a confrontation is the only way to challenge a witness's testimony incriminating the accused. The article presents the positions of the highest courts of the Russian Federation, case law, and offers suggestions for improving legislation in this area.
How to Cite:
Mamedov, R.Ya. (2026). Legality of Announcing Testimony of a Victim and Witness in a Criminal Case in Court: From Theory to Practice. Gaps in Russian Legislation, 19(3), 89-94. DOI: 10.33693/2072-3164-2026-19-3-89-94. EDN: CLBTZM
Reference list:
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Gladysheva O. V. Digitalization of criminal proceedings and problems of ensuring the rights of its participants. Legal Bulletin of the Kuban State University. 2019. No. 1. Pp. 31–34. (in Rus.).
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Markova T. Yu. Announcing the testimony of witnesses and victims given at the preliminary investigation stage in court. Lex russica. 2016. (in Rus.).
Smirnov A.V., Kalinovsky K.B. Commentary on the Criminal Procedure Code of the Russian Federation: article-by-article. Art. 281.
Sobchuk M.V. Implementation of the Right of the Accused to Question a Prosecution Witness. Legality. 2014. No. 12. (in Rus.).
Soloviev A.B. Confrontation during Preliminary Investigation. Moscow, 1970.
Kholodnenko V.I. The Right of the Accused to Question Persons Incriminating Him a Legal Means of Defense against the Charge. Russian Justice. 2003. No. 11. (in Rus.).
Sheifer S.A. Updating the Legal Regulation of Evidence under the Criminal Procedure Code of the Russian Federation: A Step Forward? State and Law. 2004. No. 12. (in Rus.).
SHeyfer S.A. Obnovlenie pravovoy reglamentatsii dokazyvaniya po UPK RF: shag vpered // Gosudarstvo i pravo. 2004. № 12.
Gladysheva O. V. Digitalization of criminal proceedings and problems of ensuring the rights of its participants. Legal Bulletin of the Kuban State University. 2019. No. 1. Pp. 31–34. (in Rus.).
Goncharova M. When, whom and who? (Article) EZ-Yurist. 2014. No. 39. Pp. 1, 8. (in Rus.).
Zheltobryukhov S.P. How to get out of the procedural crisis of an "incomplete", "half-hearted" confrontation. Russian Justice. 2019. No. 1. (in Rus.).
Markova T. Yu. Announcing the testimony of witnesses and victims given at the preliminary investigation stage in court. Lex russica. 2016. (in Rus.).
Smirnov A.V., Kalinovsky K.B. Commentary on the Criminal Procedure Code of the Russian Federation: article-by-article. Art. 281.
Sobchuk M.V. Implementation of the Right of the Accused to Question a Prosecution Witness. Legality. 2014. No. 12. (in Rus.).
Soloviev A.B. Confrontation during Preliminary Investigation. Moscow, 1970.
Kholodnenko V.I. The Right of the Accused to Question Persons Incriminating Him a Legal Means of Defense against the Charge. Russian Justice. 2003. No. 11. (in Rus.).
Sheifer S.A. Updating the Legal Regulation of Evidence under the Criminal Procedure Code of the Russian Federation: A Step Forward? State and Law. 2004. No. 12. (in Rus.).
SHeyfer S.A. Obnovlenie pravovoy reglamentatsii dokazyvaniya po UPK RF: shag vpered // Gosudarstvo i pravo. 2004. № 12.
Keywords:
court, preliminary investigation, defendant, victim, witness, reading of testimony, court hearing.
