NEW RULES OF DISCLOSURE OF EVIDENCE BY THE COURT AS STRENGTHENING OF GUARANTEES OF PROCEDURAL SAFETY OF PARTIES TO CRIMINAL PROCEEDINGS

Abstract

The article considers new grounds for disclosure of witness statements and testimony o
victims in court sessions. The parties’ default at trial is one of the problems for long-term
consideration of a criminal case and its resolution, often being a reason of the stay of pro
ceedings.
The author draws particular attention to the fact that amendments of the article 281 o
the Criminal Procedure Code of the Russian Federation can be used by the court to ensure the
safety of protected victims or witnesses. At the same time they should be regarded as proce
dural guarantees of protection of rights and legal interests of protected persons.
The author also notes that the disclosure applies not only to evidence, data in the prelim
inary investigation and during the court sessions, but also to the testimony previously given
in hearing of the criminal case by a person previously not questioned in pre-trial proceeding
and for the first time giving testimony in the court. The author formulates the criteria, when
the disclosure of evidence and a subsequent recognition of their admissibility as evidence in a
criminal case are possible. It is concluded that the analyzed novels increase the efficiency o
criminal proceedings, help to establish facts of the case in the courtroom, facilitate the proo
process, strengthen the protection of persons promoting justice.