Accepted at the tenth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS by the resolution of December 6, 1997, No. 10-14
About the state protection of the victims, witnesses and other persons promoting criminal trial
This Law installs the system of measures of the state protection of the victims, witnesses and other persons who are promoting criminal trial, including measures for safety and social protection of specified persons. The measures provided by this Law are used in cases when for safety of specified persons other means are insufficient.
Safety of the victims, witnesses and other persons participating in detection, the prevention, suppression, investigation and disclosure of crimes, judicial review of criminal cases assume implementation by the bodies ensuring safety, the legal, organizational, technical and other measures directed to protection of life, health and property rights of specified persons.
Person on whom the decision on application of security measures is made hereinafter is referred to as in this Law as the protected person.
Have rights to safety according to this Law:
- person who declared in law enforcement agency crime or otherwise participating in detection, the prevention, suppression, investigation or disclosure of crime;
- victim and his legal representative;
- suspect, person accused, defendant, their defenders and legal representatives, and also convict;
- expert, specialist, translator and witness;
- the civil claimant, the civil defendant in the claim in criminal case for compensation of the damage caused as a result of crime.
Security measures can be applied also to relatives of the protected person, and in exceptional cases - to other persons on whom illegal impact is made.
The bodies ensuring safety are:
- the bodies making the decision on application of security measures;
- the bodies performing security measures based on this decision.
The decision on application of security measures on protected persons is made by court (judge), the prosecutor, and also with the consent of the prosecutor the body of inquiry or the investigator under which consideration the statement (message) on crime is or in production of which is criminal case.
Implementation of security measures concerning protected persons is assigned to law-enforcement bodies, security service, customs authorities and bodies of tax police for the cases which are in their production or referred to their maintaining and also to other state bodies to which implementation of separate security measures can be assigned according to the national legal system. In structure of the specified bodies special divisions for this purpose are created.
Security measures concerning protected persons on the cases which are in production of court or prosecutor's office are performed by a court decision (judges), the prosecutor by law-enforcement bodies, security service, customs authorities or bodies of tax police for the location of the protected person.
The security measures concerning protected persons provided by articles 6 and 7 of this Law perform body of inquiry, the investigator, the prosecutor or court (judge) under whose consideration the statement (message) on crime is or in production of which is criminal case. According to their decision law-enforcement bodies, security service, customs authorities or bodies of tax police for the location of the protected person render them assistance.
Security measures concerning the military personnel and their relatives are performed also by command of the relevant military units and higher command.
Safety of protected persons is performed by application of the security measures provided by this Law according to the principles of legality, respect of rights and freedoms of man and citizen, the cross liability of the bodies performing security measures and protected persons. Security measures are applied to protected persons under public prosecutor's supervision and judicial control. When implementing security measures public and secret methods are used.
The security measures applied concerning protected persons are:
- nondisclosure of data on the protected person;
- consideration of the case in the closed judicial session;
- bodyguard, protection of the dwelling and property of the protected person;
- listening of telephone negotiations of the protected person;
- issue to the protected person of weapon, special individual protection equipment, bonds and notifications about danger;
- imposing of temporary ban on issue of data on the protected person from directory funds;
- resettlement of the protected person on other residence;
- replacement of documents, change of appearance of the protected person;
- change of place of employment (service) or study of the protected person;
- temporary placement of the protected person to the safe place.
In the presence of the bases specified in article 18 of this Law also other security measures provided by the current legislation can be applied to the protected person. This list can be changed only by the law.
Nondisclosure of data on the protected person is provided in the way:
- restrictions or changes of the data on the protected person specified in the statement (message) on crime, materials of its check, and also in the criminal case file. In the presence of the bases to believe that it is necessary to ensure safety of the victim, his legal representative, witness and their relatives, the investigator, body of inquiry of the investigative action having the right in the protocol in which the victim, his legal representative and the witness participate, not to specify the information about these persons. In this case the investigator, body of inquiry shall issue the decree in which the decision making reasons about preserving in secret the information about the participant of investigative action are stated, the pseudonym is specified and the specimen signature which this participant of investigative action will use in protocols of investigative actions with its participation is provided. The specified resolution is stored in sealed envelope; the chief of body of inquiry, the supervising prosecutor and the judge can get acquainted with contents of the resolution;
- the presentation to the protected person identified for identification in the conditions excluding visual observation identified the protected person;
- interrogation of the victim and the witness in the conditions guaranteeing their safety and anonymity taking into account need of preserving for court of possibility of contact with interrogated.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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