WITNESS ELIGIBLE FOR PROTECTION AND HIS PARTICIPATION IN THE EXAMINATION FOR DISCOVERY
DOI:
https://doi.org/10.52026/2788-5291_2023_74_3_142Keywords:
witness entitled to defense, participant in criminal proceedings, deposition of testimony, victim, legislation, procedural statusAbstract
The author consid ers the novelties introduced in 2014 to the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter - CPC), which work to this day and have an ambiguous understanding among scientists and practitioners. The immediate object of the study was a number of significant changes, one of which is the introduction of the procedural concept of «witness entitled to protection», with an attempt to separate it into a separate procedural status or, to be more precise, a substatus.
The figure of a witness entitled to defense has been introduced into our legislation according to the experience of France and Lithuania, a new procedural figure «witness entitled to defense» (assisted witness) has been introduced into criminal proceedings.
Initially, the new participant in the process was defined as another person participating in the criminal process in Chapter 10 of the CPC, along with experts, specialists, translators, witnesses, etc.
In addition, as part of the implementation of the Decree of the Head of State «On the Concept of legal Policy for the period from 2010 to 2020» in order to simplify the criminal process, the introduction of optimal legal mechanisms providing for the effective application of criminal procedure legislation, another new institution «Deposition of testimony» was introduced in the Code of Criminal Procedure in 2014.
The author examines the experience of similar institutions both in the CIS countries and near and far abroad, and suggests ways to solve the existing problems.