Part One. General Provisions
Section II. Participants in the Criminal Court Proceedings
Chapter 8. Other Participants in the Criminal Court Proceedings
Article 56. The Witness
1. Seen as a witness shall be the person who may be aware of certain circumstances of importance to the investigation and to the resolution of a criminal case, and who is summoned for giving evidence;
2. The summons and the interrogation of witnesses shall be performed in accordance with the procedure, laid down by Articles 187-191 of the present Code.
3. Not subject to an interrogation as witnesses shall be:
1) a judge and the juror - about circumstances of the case, which have become
known to them in connection with their participation in the procedure on the given criminal case;
2) a lawyer, the counsel for the defence of the suspect and of the accused - about the circumstances, which have become known to him in connection with applying to him/her for legal aid or in connection with rendering it;
3) a lawyer - about the circumstances, which have become known to him in connection with rendering legal advice;
4) a priest - about the circumstances, which he has learned from the confession;
5) a member of the Federation Council, a Deputy of the State Duma without their consent - about the circumstances, which have become known to them in connection with their discharge of their powers.
4. A witness shall have the right:
1) to refuse to testify against himself, his (her) spouse and other close relatives,
whose circle is delineated by Item 4 of Article 5 of the present Code. If the witness consents to furnish evidence, he shall be warned that his testimony may be used as the proof in the criminal case, even if he subsequently renounces them;
2) to give evidence in his native tongue or in the language, of which he has a good command;
3) to make use of an interpreter's services free of charge;
4) to enter a recusation against the interpreter, taking part in his interrogation;
5) to enter petitions and file complaints against the actions (the lack of action) and decisions of the inquirer, the investigator and the prosecutor, or of the court;
6) to come to an interrogation with a lawyer, in conformity with the fifth part of Article 189 of the present Code;
7) to make a request for the application of the measures of security, stipulated by the third part of Article 11 of the present Code .
5. The witness cannot be forcibly subjected to the court examination or to a personal examination, with the exception of the cases, stipulated by the first part of Article 179 of the present Code.
6. The witness shall have no right:
1) to evade the attendance at the summons of the inquirer, the investigator or the
prosecutor, or the appearance, upon summons, to the court;
2) to give deliberately false evidence or to refuse to give evidence;
3) to disclose the data of the preliminary investigation, which he has learned in connection with his participation in the proceedings on the criminal case, if he was warned to this effect in advance in accordance with the order, established by Article 161 of the present Code. the Criminal Code of the Russian Federation.
7. If he fails to appear upon summons without serious reasons, the witness may be brought along under coercion.
8. For giving a deliberately false evidence or for the refusal to give evidence, the witness shall be held responsible in accordance with 308 of the Criminal Code of the Russian Federation.
9. For the divulgence of the data of the preliminary investigation, the witness shall be held liable in conformity with Article 310 of the Criminal Code of the Russian Federation .
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions: