At the stage of investigation, as well as in court, the leading role is assigned to witnesses. At times, their testimony can play a decisive role in the conviction or acquittal of a person. The participation of witnesses is also typical for civil and commercial proceedings.
Who is a witness
A witness is a person who is aware of any facts and circumstances that are important for the investigation of a criminal case or the resolution of a legal dispute that has arisen. When solving a crime, a person can acquire the status of a witness both during the pre-trial investigation and within the framework of the trial. In civil and economic disputes, witnesses are summoned to the court session on the initiative of the parties or the court itself.
Testimony of witnesses as evidence
Testimony is considered to be one of the types of evidence that the court takes into account when making its verdict. They have no clear advantage over other evidence. The testimony of witnesses can be used by both sides of the trial (plaintiff and defendant, prosecution and defense). For example, in the framework of a court hearing a criminal case, witnesses can be involved both on the part of the prosecution and on the side of the defense.
The testimony of witnesses can both confirm and deny previously established facts. In addition, the court and other participants in the process have the right to ask the witness their questions. The answers to them may shed light on additional, previously unknown, circumstances of the case.
If several witnesses give conflicting testimonies and the court, based on them, makes its decision, this may be the basis for canceling it. In addition, discrepancies in the testimony of a criminal case may result in an acquittal for lack of evidence of guilt.
Based on the evidence, the court must describe it in its decision. In this case, the decision indicates the reasons why the court takes into account the testimony of some witnesses and rejects the explanations of others.
Who cannot be a witness
In accordance with the law, a number of categories of citizens cannot be questioned by an investigator or a court as witnesses. These include lawyers or representatives of the parties, judges, priests, etc. Thus, a lawyer or a representative cannot act as a witness regarding the confirmation of the circumstances that became known to him during the provision of legal assistance. The priest does not have the right to testify about the facts or events reported to him in confession.
What is the witness responsible for
A witness must appear when summoned at the appointed time and give testimony to the investigation or the court on issues of interest to them. He cannot refuse to testify, except in cases when they concern the witness himself, as well as close members of his family. Before a witness begins to testify, he must be warned of criminal liability for refusing to testify or perjury.
