Procedural procedure for obtaining witness status by persons engaged as attesting witnesses
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Date
2020
Authors
Shkelebei, Victoria
Yatsyk, Tetiana
Journal Title
Journal ISSN
Volume Title
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Abstract
The article analyses the legal regulation of the status of attesting witness
in criminal proceedings. Proposals were made to address issues of fixing
of the rights and obligations of witnesses in criminal proceedings.
The author’s definition of attesting witness in criminal proceedings is
provided, which means an adult capable person who is involved by
a prosecutor and an investigator in the conduct of investigative (search)
actions, whose duties are to monitor the procedure for carrying out such
actions, as well as to assist the investigator in his or her requests for
such actions.
It is proposed to supplement the Code of Criminal Procedure
of Ukraine with article 72-2 "Rights of the attesting witness" and article
72-3 "Obligations of the attesting witness", which clearly provide for
an exhaustive list of rights and obligations of the attesting witnesses,
this will avoid in practice the involvement of inappropriate persons as
the attesting witnesses.
Description
Keywords
attesting witness, witness, criminal proceedings, rights and obligations of the attesting witness, investigator, prosecutor, article, поняті, свідок, кримінальне провадження, права та обов’язки понятого, слідчий, прокурор
Citation
111