Article 170 of the CCRF in the new edition. Information about changes

[Criminal Procedure Code of the Russian Federation] [Chapter 22] ✍ Read article comment

1. In the cases provided for in Article 182, part three.1 of Article 183, Articles 184 and 193 of this Code, investigative actions are carried out with the participation of at least two attesting witnesses who are summoned to certify the fact of production investigative action, its progress and results, except for the cases provided for by part three of this article. 1.1. In cases provided for in Articles 115, 177, 178, 181, Article 183 (except for the cases provided for by part three.1), part five of Article 185, part seven of Article 186 and Article 194 of this Code, attesting witnesses take part in investigative actions at the discretion of the investigator. If in these cases, by the decision of the investigator, the attesting witnesses do not participate in the investigative actions, then the application technical means fixing the progress and results of the investigative action is mandatory. If in the course of an investigative action the use of technical means is impossible, then the investigator makes an appropriate entry in the protocol. 2. In other cases, investigative actions shall be carried out without the participation of attesting witnesses, unless the investigator, at the request of the participants in the criminal proceedings or on his own initiative, makes a different decision. 3. In hard-to-reach areas, in the absence of proper means of communication, as well as in cases where the production of an investigative action is associated with a danger to the life and health of people, the investigative actions provided for in the first part of this article may be carried out without the participation of attesting witnesses, as indicated in the protocol of the investigative the corresponding record is made. In the case of an investigative action without the participation of attesting witnesses, technical means of recording its progress and results are used. If in the course of an investigative action the use of technical means is impossible, then the investigator makes an appropriate entry in the protocol. 4. In the event of the participation of attesting witnesses, the investigator, prior to the commencement of the investigative action in accordance with part five of Article 164 of this Code, explains to the attesting witnesses the purpose of the investigative action, their rights and responsibilities provided for in Article 60 of this Code.

Legal advice under Art. 170 of the Criminal Procedure Code of the Russian Federation

- Lawyer's answer:
  Jurisdiction rules! "Code of Criminal Procedure Russian Federation"of 18.12.2001 N 174-FZ Article 31. Jurisdiction of criminal cases 1. The magistrate has jurisdiction in criminal cases for crimes for the commission of which the maximum punishment does not exceed three years in prison," Criminal Code of the Russian Federation "of 13.06.1996 N 63- FZ Article 116. Beat 2. The same acts committed: a) from hooligan motives; b) motivated by political, ideological, racial, national or religious hatred or enmity, or motivated by hatred or enmity against any social group, - punished compulsory works for a period from one hundred and twenty to one hundred and eighty hours, or correctional labor for a term of six months to one year, or restraint of liberty for a term of up to two years, or arrest for a term of four to six months, or imprisonment for a term of up to two years.

Yaroslav Kolbasin

Bystanders should not be present during the proceedings: ... a. Inspection b. Seizures c. Witnesses d. Verification of testimony on the spot

Art. 170 of the Criminal Procedure Code, examination

- Lawyer's answer:
  In accordance with Part 2 of Art. 151 of the Criminal Procedure Code of the Russian Federation. Preliminary investigation is carried out: by investigators of the Investigative Committee of the Russian Federation - in criminal cases: a) on crimes provided for in Articles 105-110, 111 in part four, 120, 126, 127 in parts two and three, 127.1 in parts two and three, 127.2 in parts two and three, 128 , 131-149, 170.1, 171.2, 185-185.6, 194, 198-199.2, 201, 204, 205-205.2, 208-212, 215, 215.1, 216, 217, 217.1, 227, 237-239, 242.2, 246 -249, 250 in parts two and three, 251 in parts two and three, 252 in parts two and three, 254 in parts two and three, 255, 263, 263.1, 269, 270, 271, 271.1, 279, 282-282.2, 285-293 , 294 parts two and three, 295, 296, 298.1-305, 317, 318, 320, 321, 328, 332-354 and 356-360; b) on crimes committed by persons specified in Article 447 of this Code, except for the cases provided for by paragraph 7 of part three of this Article, as well as on crimes committed against these persons in connection with their professional activities; c) about crimes committed officials Of the Investigative Committee of the Russian Federation, authorities federal service Security, Service foreign intelligence Of the Russian Federation, the Federal Security Service of the Russian Federation, the internal affairs bodies of the Russian Federation, institutions and bodies of the penal system, bodies for control over the circulation of narcotic drugs and psychotropic substances, customs authorities Of the Russian Federation, servicemen and citizens undergoing military training, persons of civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies in connection with the performance of their official duties or committed at the location of a unit, formation, institution, garrison, except in cases where provided for in paragraph 7 of part three of this article, as well as on crimes committed against these persons in connection with their official activities; d) about grave and especially serious crimes committed by minors and against minors;

Zoya Solovayeva

Is the defense lawyer entitled to petition for the recognition of evidence as inadmissible in pre-trial proceedings? To carry out the presentation for identification as attesting witnesses, the investigator of the prosecutor's office invited students of the law academy, who were at that time undergoing industrial practice in this prosecutor's office. When familiarizing himself with the materials of the case, the defender of the accused filed a petition for the recognition of the confrontation protocol inadmissible evidence as trainees in this case cannot participate in the case as attesting witnesses.

Lawyer's answer:
This is what Article 170 of the Criminal Procedure Code tells us: “An attesting person is a person who is not interested in the outcome of a criminal case, who is involved by an inquirer, investigator or prosecutor to certify the fact of an investigative action, as well as the content, course and results of an investigative action (Part 1 of Art. 60, part 1 of article 170). Requirements for witnesses are given in the commentary to article 60 of the Criminal Procedure Code. " Important role v this definition plays the phrase "... persons not interested in the course of the criminal case ..." ... My opinion: the defense MAY petition to invalidate the evidence, since it was obtained illegally ... But whether the Court will satisfy this petition is already different question) I think I helped with my answer)

- Lawyer's answer:

Jacob Pitonov

What is the difference between magistrates and ordinary judges?

jurisdiction of cases .... the world has simpler

Ekaterina Davydova

What is and what are the requisites court documents

Valentina Fomina

Is there an article of the law "On refusal to cooperate with the police"?
- To begin with, I will note that the witness and the witness are not the same thing. In the Criminal Procedure Code of the Russian Federation, an attesting witness is understood as a person who is not interested in the outcome of the case, who is involved by an inquiry officer or investigator for ...

Zhanna Egorova

The cops beat me up and now letters came to the complaint .... I will give the text of today from the UK: I am sending you, for an official check, an appeal (My F.M.O). about directional, actions of employees of the Ministry of Internal Affairs in the district xxxxx When identifying signs of crimes related in accordance with paragraph 1 of part 2 of Art. 151 of the Criminal Procedure Code of the Russian Federation to the jurisdiction of the investigators of the Investigative Committee of the Russian Federation, I ask you to immediately send us the relevant materials for making a decision in accordance with the law. Here is the Question - What does this mean?

there must be a medical examination. .)) what kind of injuries were inflicted on you, at what time.

Arthur Glezerov

Need your help. The production of a number of investigative actions requires, according to the law, the participation of attesting witnesses. The law refers to such investigative actions as inspection, search, seizure, identification, investigative experiment, etc. When examining the scene at night, the investigator could not find persons who could perform the functions of attesting witnesses, and inspected the scene without their participation. Give an analysis of the situation. What are the consequences of non-compliance with the criminal procedure form?

Inspection without witnesses will not be counted even if something is found. In addition, it is quite possible that they may file a claim for illegal entry.

Raisa Vasilieva

help who knows the Labor Code well. They summoned the police as a witness, there is a certificate (with a precisely indicated time of stay, certified by a seal), but despite this the employer demands to work out this time. employment contract This question is not separately stipulated. Is the employer's demand legal in this case?

Lawyer's answer:
The employer is obliged to release at the appointed time (indicated in the summons), on his part this is a gross violation of your rights, as well as ignoring the demands of the police. In the event that you do not appear, a compulsory arrest order will be issued against you. Then you will be caught from there and taken to a police officer. Worse still. Keep all the summons you received, if the question touches on any issues with the employer, then in court this will be a strong argument in your favor. On the agenda, it is still better to go at the appointed time.

Mikhail Yakub

fkz about organs preliminary investigation... throw off the article !!!

Valery Prokopishin

is it necessary to abolish the institution of attesting witnesses ?. most countries do not have them. Corruption, I believe, will not increase

Lawyer's answer:
see comments above. In a word, this is how - to cancel, to abolish - these are the cries of careless operas and investigators crying in the desert (Criminal Procedure Code 60, 170 Art. Art. - USE is settled already) And until a criminal case against them is instituted - from! when they will be able to understand that there is no price for a stone called an "witness", as the law says - "not interested in the outcome of the case ..." "... moreover," the "video documentation" "was carried out in violation, but no one paid attention to this or pretended that everything was in order, the investigator signed the protocol - and this dock is not in your favor !. ... -and you are already trying on the prison robe and frantically remembering the Federal Law on the procedure for keeping the persons under investigation ... being in the same cell with the "other" contingent ... We must continue ?! ... criminal liability employees - a sight, to put it mildly, even from the wording of the question, pitiful! But as they say, everyone deserves it! Picture, I hope in large strokes is clear? And the results? And the educational program, I think about how and what there are millstones ___ you do not need to paint. Therefore - categorically no. And do not be lazy in this matter. Nikita, corruption, which is worse than prostitution, has a relative link here. With us, everything can be summed up under this one word. Other countries - different laws. For many years we have a moratorium on death penalty, and in America it is carried out ... Thinking it is always good, but more often you need to meticulously perform existing law... Strictly speaking, the one who has repeatedly thought about whether the witnesses are needed, if we ourselves can do everything as "" necessary "" - already! has problems with the rule of law. Consequences - read above - are not excluded! ... I don't mean anyone specifically. Everyone knows about himself. Plus the Almighty ... This is my IMHO

Daniil Klebansky

Can I refuse to be understood by the traffic cop ?. The traffic cop asked to be understood, can I refuse? And what responsibility can there be for that ?! The answer is desirable with a link to the article) Thanks in advance)

You can refer to feeling shaky or that you have an urgent (important) business meeting (So)

Inna Zakharova

question to criminal lawyers !!!. If the arrest of a suspect (in accordance with Article 91 of the Code of Criminal Procedure) was carried out without a lawyer, will the investigator exclude the detention protocol during the course? And what will this give the suspect? ... and also, if the accused confessed after the beatings of the operas, but the expert examination was not declared, and at the first interrogation he denied guilt, can he declare a move on the second interrogation? will the investigator refuse this?

Lawyer's answer:
Dear, the author of the question! 1. The protocol of detention, like any procedural document, must comply approved form(see Appendix No. 28 to the Code of Criminal Procedure of the Russian Federation), the protocol must be signed in a comprehensible manner, the protocol must indicate the grounds for the detention. If the detention protocol does not meet the requirements of Art. Art. 60, 91, 170, 184 of the Code of Criminal Procedure of the Russian Federation, then the detainee is subject to release by order of the investigator, prosecutor. As for the obligatory participation of a defense lawyer in this procedural action, yes, it is mandatory, but if in the protocol the detainee has not expressed a desire to have a defense lawyer from the moment of arrest, and such rights are explained to him by the protocol itself (the form contains quotes from the Code of Criminal Procedure of the Russian Federation), accordingly there is no violation of the order interrogation of a suspect and drawing up a protocol of detention, under Art. 92 of the Criminal Procedure Code of the Russian Federation. 2. Since the question remains relevant, it can be assumed that the court granted the petition to choose a preventive measure in the form of detention. If this decision has not been appealed, then it is at least senseless to Buddhist the question of the protocol of detention, since it is presumed that the court, when issuing a decision on the choice of a preventive measure, checked the correctness of drawing up procedural documents etc. If judicial act as the suppression is appealed, then it makes sense to pay attention to the complaint about such violations as the absence of signatures of attesting witnesses, there is no refusal of the defender, but there is no signature of the defender either - it makes sense to pay attention. Physical harm. It can be both legal and illegal. If during the arrest the suspect has resisted, then causing harm in connection with this is allowed on the basis of reasonable necessity and sufficiency. However, a corresponding entry must be made about this in the minutes, a report must be drawn up, etc. prosecutor's check to the prosecutor's office in accordance with Art. 124 of the Code of Criminal Procedure of the Russian Federation, to the court - in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation, and indeed, to raise the question of the appointment of judicial medical examination providing medical care... 4. Testimony received after the infliction of physical harm may be a consequence of these beatings or not. As you point out in the question, he gave "confessions", but denied guilt. The fact that the suspect had the opportunity to express his attitude to the crime and deny guilt may indicate that the testimony was not given under the influence of threats and violence ... .5. I would mainly concentrate attention not on the fact of causing harm, but on the FACT OF NON-PROVIDING MEDICINE. HELP and would have lodged a complaint about this, demanding that the client be provided with medical assistance, appointed and carried out a forensic medical examination (about causing harm: causes, time, nature, severity, etc.) if he needed medical assistance , then regardless of whether the harm was lawfully caused or unlawfully, the PERFORMANCE OF THE PROCESS. ACTIONS WITH THE PARTICIPATION OF THE SUSPECTED IN THE FAILURE OF PROVIDING THE NECESSARY MEDICINE. HELP IS A FACT OF VIOLENCE (with all the consequences for the accusation negative consequences: acknowledgment of evidence inadmissible) 6. If the lawyer was not present during the interrogation, the one about whom you are bothering has the right to refuse this testimony in court (even if he gave his consent to interrogation without a lawyer) in this case the interrogation protocol will be recognized as inadmissible evidence. However, non-recognition of testimony should be expressed not only in a statement to the court, but also in other testimony to the court (if any), whether it is too early to give repeated testimony (by the way, the investigator independently determines the course of the investigation, part 2 of article 38 of the Code of Criminal Procedure of the Russian Federation, its freedom of discretion - to re-interrogate or not) In addition, it is a bad line of defense - to put forward grounds for a challenge and ask for questioning if the challenge is not declared. ... Work with an advocate

Alexander Podlesnykh

Will they get wages during your stay with the interrogator?

An employee during working hours may be involved in the execution of state and public duties(Article 170 of the Labor Code of the Russian Federation) - in this case, he must be released from work and retain his position. The time of absence is noted in the report card ...

Gennady Neupokoin

Advise a good criminal lawyer .. In Tver.

A good lawyer is a loose concept. Go to a consultation and draw your own conclusions from this.

Polina Popova

has the right magistrate to consider a criminal case Article 112 h 1?

They consider cases with terms of up to 5 years.

Valentina Pugacheva

what disputes are considered by the magistrate's court

Zoya Nikitina

What is the jurisdiction of criminal cases to the courts general jurisdiction? How is it regulated?

Lawyer's answer:
More precisely, it will be not about jurisdiction, but about jurisdiction. This is regulated by Art. 31 of the Code of Criminal Procedure of the Russian Federation (here is its current version): Article 31. Jurisdiction of criminal cases 1. The magistrate has jurisdiction over criminal cases for crimes for which the maximum punishment does not exceed three years in prison, with the exception of criminal cases on crimes under Art. 107 hours 1, 108, 109 hours 1 and 2, 134, 135, 136 hours 1, 146 hours 1, 147 hours 1, 170, 171 hours 1, 171.1 hours 1, 174 hours 1, 174.1 h. 1, 177, 178 h. 1, 183 h. 1, 184 h, 1, 3 and 4, 185, 191 h. 1, 193, 194 h. 1, 195, 198, 199 h. 1, 199.1 hours 1, 201 hours 1, 202 hours 1, 204 hours 1 and 3, 207, 212 hours 3, 215 hours 1, 215.1 hours 1, 216 hours 1, 217 hours 1, 219 hours 1, 220 h 1, 225 h 1, 228 h 1, 228.2, 234 h 1 and 4, 235 h 1, 236 h 1, 237 h 1, 238 h 1, 239, 244 hours 2, 247 hours 1, 248 hours 1, 249, 250 hours 1 and 2, 251 hours 1 and 2, 252 hours 1 and 2, 253, 254 hours 1 and 2, 255, 256 hours 3, 257, 258 hours 2, 259, 262, 263 hours 1, 264 hours 1 and 2, 266 hours 1, 269 hours 1, 270, 271, 272 hours 1, 273 hours 1, 274 hours 1, 282 hours 1, 285.1 hours 1, 285.2 hours 1, 287 hours 1, 288, 289, 291 hours 1, 292, 293 hours 1, 294 hours 1 and 2, 296 hours 1 and 2, 297, 298 hours 1 and 2, 301 hours 1, 302 hours 1, 303 hours 1 and 2, 306 hours 1 and 2, 307 hours 1, 309 hours 1 and 2, 311 h. 1, 316, 322 h. 1, 323 h. 1, 327 h. 1, 327.1 h. 1 and 328 of the Criminal Code of the Russian Federation. 2. The district court shall have jurisdiction over criminal cases on all crimes, with the exception of the criminal cases specified in parts one (in terms of the jurisdiction of criminal cases to a magistrate), third and fourth of this article. 3. The Supreme Court of the Republic, regional or regional court, the court of the city of federal significance, the court autonomous region and the court autonomous region subject to jurisdiction: 1) criminal cases on crimes provided for in Articles 105, part 2, 126, part 3, 131, part 3 and 4, 205, 206, part 2-4, 208 part 1, 209 - 211, 212 part 1 , 227, 263 hours 3, 267 hours 3, 269 hours 3, 275 - 279, 281, 290 hours 3 and 4, 294 - 302, 303 hours 2 and 3, 304, 305, 317, 321 hours 3, 322 parts 2, 353 - 358, 359 parts 1 and 2 and 360 of the Criminal Code of the Russian Federation; 2) criminal cases referred to these courts in accordance with Articles 34 and 35 of this Code; 3) criminal cases, the materials of which contain information constituting state secret... 4. The Supreme Court of the Russian Federation has jurisdiction over the criminal cases specified in Article 452 of this Code, as well as other criminal cases referred to by the federal constitutional law and federal law to its jurisdiction. 5. The garrison military court hears criminal cases on all crimes committed by military personnel and citizens undergoing military training, with the exception of criminal cases within the jurisdiction of higher military courts. 6. The district (naval) military court shall have jurisdiction over the criminal cases specified in part three of this article in relation to military personnel and citizens undergoing military training, as well as criminal cases transferred to the said court in accordance with parts four to seven of Article 35 of this Code. 7. Abolished. - the federal law dated 27.12.2009 N 346-FZ. 8. Military courts stationed outside the territory of the Russian Federation, when considering criminal cases in cases provided for by federal constitutional law, are guided by this Code. nine. District Court and a military court of the appropriate level is accepted during pre-trial proceedings in a criminal case, the decisions specified in parts two and three of Article 29 of this Code. 10. Jurisdiction civil action arising from a criminal case is determined by the jurisdiction of the criminal case in which it is presented.

Eduard Onosov

Arbitrariness of the traffic police - SOCHI 2014! What to do with uniformed bandits?

To knock on these freaks in all controlling authorities! Remember! cop-cop always-cop. Now, when the analysis of the "flights" of the Moscow shooter in the musarna began, the commissions are strangling and crushing this whole rotten organization !!! I suddenly have !!! A criminal has surfaced ...

Yakov Selyukhin

Who is currently investigating the explosions? Police? Investigative committee? And how does this happen? And, if possible, a link to n / a, or to a page with an explanation.

Lawyer's answer:
Investigation of terrorist acts in general should be carried out by the FSB, since they have such qualified investigators - Article 151. Investigation 2) investigators of the federal security service - in criminal cases of crimes provided for in Articles 188 parts two - four, 189, 205, 205.1, 205.2, 208 , 211, 275 - 281, 283, 284, 322 part two, 322.1 part two, 323 part two, 355 and 359 of the Criminal Code of the Russian Federation; HOWEVER, not wanting to get involved in cases where the IDB (imitation of violent activity) is not welcomed by the FSB, delicately pushing the responsibility creeping CCP-1) by the investigators of the Investigative Committee of the Russian Federation - in criminal cases :) about the crimes provided for in Articles 105 - 110, 111, part four, 120, 126, 127 in parts two and three, 127.1 in parts two and three, 127.2 in parts two and three, 128, 131 - 133, 136 - 149, 198 - 199.2, 170.1, 185 - 185.5, 205, 205.1, 205.2, 208 - 212, 215, 215.1, 216, 217, 227, 237 - 239, 246 - 249, 25 withdrawal-investigating UK

Nikita Tyulenkov

If the judge passes the wrong verdict (that is, there is a real criminal), does he bear some responsibility? And what compensation is due to an unlawfully convicted person? What law is it written in?

for such a cancer to put !!! 111

Maria Pugacheva

Subpoena!!!. My employer does not want to let me go, argues this by the fact that they release me ONLY if there is a criminal case ... and they call me to civil procedure... Who is right in this case?

Employers are often illiterate, or he deliberately tells you a lie. On a summons, they are obliged to release. It is not the employer's business to decide which court is criminal or civil, in general it is not his business. Judgment is federal government... There is a summons - I must let go.

Valeria Panina

functions of housing and communal services. Tell me please!. Good afternoon. Please tell me: 1. What functions does the housing and utilities sector perform? What should it do? 2. What regulatory documents Is it regulated by the tailoring of repairs in the entrance? 3. How often should the entrance be repaired and overhaul living quarters?

All this is solved general meeting owners, ...

Grigory Luzan

How is a subpoena paid?
- Lawyer's answer:

ST 170 of the Criminal Procedure Code of the Russian Federation

1. In the cases provided for in Article 182, part three.1 of Article 183, Articles 184 and 193 of this Code, investigative actions shall be carried out with the participation of at least two attesting witnesses who are summoned to certify the fact of an investigative action, its progress and results, with the exception of cases provided for in part three of this article.

1.1. In the cases provided for in Articles 115, 177, 178, 181, Article 183 (except for the cases provided for in part three.1), part five of Article 185, part seven of Article 186 and Article 194 of this Code, attesting witnesses take part in investigative actions at their discretion investigator. If in these cases, by the decision of the investigator, the attesting witnesses do not participate in the investigative actions, then the use of technical means of recording the progress and results of the investigative action is mandatory. If in the course of an investigative action the use of technical means is impossible, then the investigator makes an appropriate entry in the protocol.

2. In other cases, investigative actions shall be carried out without the participation of attesting witnesses, unless the investigator, at the request of the participants in the criminal proceedings or on his own initiative, makes a different decision.

3. In hard-to-reach areas, in the absence of proper means of communication, as well as in cases where the production of an investigative action is associated with a danger to the life and health of people, the investigative actions provided for in the first part of this article may be carried out without the participation of attesting witnesses, as indicated in the protocol of the investigative the corresponding record is made. In the case of an investigative action without the participation of attesting witnesses, technical means of recording its progress and results are used. If in the course of an investigative action the use of technical means is impossible, then the investigator makes an appropriate entry in the protocol.

4. In the event of the participation of attesting witnesses, the investigator, prior to the commencement of the investigative action in accordance with part five of Article 164 of this Code, explains to the attesting witnesses the purpose of the investigative action, their rights and responsibilities provided for in Article 60 of this Code.

Commentary on Article 170 of the Code of Criminal Procedure

1. For the purposes of the participation of attesting witnesses in the investigative action, their tasks, about who can act as attesting witnesses, what is their legal status, see the commentary to Art. 60 of the Criminal Procedure Code.

2. The participation of attesting witnesses in investigative actions is determined by the legislator on the basis of:

1) compulsory participation witnesses in investigative actions, the results of which are very important and their loss, as a rule, is irreparable, as well as in actions affecting constitutional rights and freedom of citizens (see the list of investigative actions given in part 1 of the commented article: search (Article 182 of the CCP); personal search (Article 184 of the CCP); seizure of electronic media (part 3.1 of Article 183 of the CCP); presentation for identification (Art. 193 of the Criminal Procedure Code)), - Part 1 of Art. 170 of the Criminal Procedure Code;

2) the need for the participation of attesting witnesses in the investigative actions listed in part 1.1 of the commented article, which is determined by the discretion of the investigator: seizure of property (115 of the Code of Criminal Procedure); inspection (Art. 177 of the Criminal Procedure Code); examination of the corpse, exhumation of the corpse (Article 178 of the Criminal Procedure Code); investigative experiment (Article 181 of the Criminal Procedure Code); seizure (Article 183 of the Criminal Procedure Code, except for the seizure of electronic media); inspection, removal and making copies from postal and telegraphic items(part 5 of article 185 of the Criminal Procedure Code); non-participation of the attesting witnesses in these actions must be accompanied by the use of technical means of recording the progress and results of the investigative action or by a record of the impossibility of their use;

3) the need for the participation of attesting witnesses in other investigative actions not specified in Art. 170 of the Code of Criminal Procedure, which is determined by the investigator at his own discretion, as well as taking into account possible petitions of the participants in criminal proceedings - part 2 of Art. 170 of the Criminal Procedure Code.

3. The real participation of attesting witnesses in investigative actions is influenced by the presence of a number of conditions. Investigative actions, in which the participation of attesting witnesses is mandatory (part 1 of article 170 of the Criminal Procedure Code), can be carried out without their participation, if it is connected with:

Danger to life and health of attesting witnesses (carrying out actions with materials representing increased danger for others; work in conditions of armed conflict; special climatic conditions; situation emergencies caused by natural and man-made factors, etc.);

Carrying out actions in hard-to-reach areas (in the absence of transport links, including the possibility of safe arrival at the place of the investigative action on official transport);

Lack of proper means of communication with the venue procedural action(in the absence of an opportunity to follow the place of the investigative action in a generally accessible way, without the threat of receiving bodily harm, etc.).

4. In cases where the participation of attesting witnesses is mandatory (part 1 of Art. 170 of the Criminal Procedure Code) or when the participation of attesting witnesses in those listed in Part 1.1 of Art. 170 of the CCP of investigative actions is determined by the discretion of the investigator, and in the presence of the listed circumstances that prevent their participation in investigative actions, the legislator requires the mandatory use of technical means of recording the progress and results of the investigative action, reflecting in the protocol the reasons for the impossibility of ensuring the participation of attesting witnesses. If it is impossible to use technical means, this is also necessarily noted in the protocol with an indication of the reason. For the use of technical means, see Art. 166 of the Criminal Procedure Code of the Russian Federation.

5. Before the start of the investigative action, the investigator verifies the identity of the attesting witnesses, finds out that there are no obstacles to their participation in the case, explains to them the purpose and procedure for carrying out the investigative action, the rights and obligations of the attesting witnesses and warns them of responsibility, which is reflected in the protocol and certified by the signatures of the attesting witnesses.

6. The number of witnesses when carrying out actions must be at least two. This is directly stated in Part 1 of Art. 170 of the Criminal Procedure Code, and in part 1.1 of Art. 170 of the Criminal Procedure Code it comes about attesting witnesses in number more than one ("attesting witnesses take part ..."). The participation of less than two attesting witnesses in the cases provided for in Part 1 of Art. 170 of the Criminal Procedure Code, entails the inadmissibility of the evidence obtained. An investigative action can be carried out by several investigators (for example, a search in several premises). Then, at each of the investigators performing the search actions, there must be at least two attesting witnesses. It is not excluded that the number of those witnessed is more than two.

7. The law does not stipulate how many attesting witnesses should be in the conduct of investigative actions, in which their participation is not mandatory. In this case, it is necessary to proceed from the declared petition of the participant in the process: if he wants the participation of one attesting witness, the legislator does not indicate obstacles to this. A participant in the process may require the participation of two attesting witnesses (which is guaranteed by the legislator in part 1 of article 170 of the Criminal Procedure Code for a number of investigative actions), but no more.

8. While participating in an investigative action, attesting witnesses must observe its entire course, memorize its content and results, then confirming with their signatures in the protocol the fact of the investigative action, the correctness of its content, progress and results reflected in the protocol. The investigator is obliged to ensure the activity of the attesting witnesses in the performance of their duties.

9. Attesting witnesses may be questioned by the court as witnesses regarding the order, content and results of the investigative action in which they participated, as well as the extent to which everything that happened in the course of the investigative action corresponds to the record of the corresponding action.

10. When attracting attesting witnesses to the case, one should take into account the requirements for the possibility of participation as attesting witnesses of certain persons. For example, when performing a personal search.

11.O legal status attesting witness see commentary to Art. 60 of the Criminal Procedure Code of the Russian Federation.

Criminal Procedure Code, N 174-FZ | Art. 170 of the Criminal Procedure Code of the Russian Federation

Article 170 of the Code of Criminal Procedure of the Russian Federation. Participation of attesting witnesses (current edition)

BB code
Text

Document URL [copy]

Commentary on Art. 170 of the Criminal Procedure Code of the Russian Federation

Judicial practice under article 170 of the Code of Criminal Procedure of the Russian Federation:

Decision of the Supreme Court: Determination N 64-APU15-13SP, Judicial Collegium for Criminal Cases, appeal
According to Part 1 of Art. 170 of the Code of Criminal Procedure of the Russian Federation in the cases provided for by Art. 177,178,181 of the Code of Criminal Procedure of the Russian Federation, attesting witnesses take part in investigative actions at the discretion of the investigator ...
Decision of the Supreme Court: Determination N 8-APU15-3, Judicial Collegium for Criminal Cases, appeal
Carrying out on December 31, 2013 inspection of the area near the village on the street. (ld 129-132 vol. 1) in the absence of attesting witnesses, when using means of technical recording of the course and results of the investigative action, complies with the requirements of Part 1.1 of Art. 170 of the Code of Criminal Procedure of the Russian Federation The instruction in the protocol of this investigative action on the explanation to the specialist involved in securing and removing the subjects of responsibility under Articles 307, 308 of the Code of Criminal Procedure of the Russian Federation does not have legal significance, since a specialist is only responsible for knowingly false testimony or disclosure of preliminary investigation data, if he was warned about this in advance ...
Decision of the Supreme Court: Determination N 67-О14-8SP, Judicial Collegium for Criminal Cases, cassation
Witness G testified in court session that as an attesting witness she participated in the conduct of the indicated investigative action, while the attesting witnesses were explained their rights. Links in the protocol on the clarification of Art. 170 of the Code of Criminal Procedure of the Russian Federation also testifies to the clarification of the rights of attesting witnesses, since Part 4 of Art. 170 of the Code of Criminal Procedure of the Russian Federation includes an instruction to explain to the attesting witnesses their rights provided for by Article 60 of the Code of Criminal Procedure of the Russian Federation. The results of the investigative action are certified by the signatures of the attesting witnesses ...

+ More ...

Article 170. Participation of attesting witnesses

1. In the cases provided for in Article 182, part three.1 of Article 183, and this Code, investigative actions shall be carried out with the participation of at least two attesting witnesses who are summoned to certify the fact of an investigative action, its progress and results, with the exception of cases provided for in part the third of this article.

Information about changes:

Federal Law No. 23-FZ of March 4, 2013 supplemented Article 170 of this Code with part 1.1

1.1. In the cases provided for by,,,, Article 183 (except for the cases provided for by part three.1), part five of Article 185, part seven of Article 186 and Article 194 of this Code, attesting witnesses take part in investigative actions at the discretion of the investigator. If in these cases, by the decision of the investigator, the attesting witnesses do not participate in the investigative actions, then the use of technical means of recording the progress and results of the investigative action is mandatory. If in the course of an investigative action the use of technical means is impossible, then the investigator makes an appropriate entry in the protocol.

Criminal Procedure Code of the Russian Federation

Part one. general provisions

Section I. Basic Provisions

Section II. Participants in criminal proceedings

Section III. Evidence and proof

Section IV. Measures of procedural compulsion

Section V. Motions and Complaints

Section VI. Other provisions

Part two. pre-trial proceedings

Section VII. Criminal proceedings

Part three. judicial proceedings

Section IX. Proceedings in the court of first instance

Section X. Special order of trial

Section XI. Features of the proceedings before the magistrate

Section XII. Features of proceedings in court with the participation of jurors

Section XIII. Proceedings in a court of second instance

Section XIV. Execution of the sentence

Section XV. Revision of the entered legal force sentences, rulings and court orders

Part four. special order criminal proceedings

Section XVI. Peculiarities of Proceedings in Certain Categories of Criminal Cases

Section XVII. Features of criminal proceedings against selected categories persons

Part five. the international cooperation in the field of criminal proceedings

Section XVIII. The procedure for interaction of courts, prosecutors, investigators and bodies of inquiry with the relevant competent authorities and officials foreign states and international organizations

Part six. forms of procedural documents

Section XIX. Application of forms of procedural documents