LEGALITY OF THE ANNOUNCEMENT OF TESTIMONY IN A COURT HEARING (COMMENTARY ON THE DETERMINATION OF THE JUDICIAL COLLEGIUM FOR CRIMINAL CASES OF THE SUPREME COURT OF THE RUSSIAN FEDERATION NO. 14-UD22-4SP-A1 DATED 16.06.2022)

Proshin Vladimir Mikhailovich

The announcement of the defendant's testimony given during the preliminary investigation in accordance with Article 276 of the Criminal Procedure Code of the Russian Federation, as well as the announcement of the victim's and witness's testimony given during the preliminary investigation or trial in accordance with Article 281 of the Criminal Procedure Code of the Russian Federation, are a significant part of the evidentiary process aimed at establishing the circumstances of the case that are subject to mandatory proof. Any distortion of the legal meaning inherent in these rules during the process of proving leads to a violation of the principles of adversarial proceedings and legality in criminal proceedings. The announcement of the testimony of the above-mentioned participants in criminal proceedings in a court session that is not based on the law forms a flawed basis for concluding that the evidence collected in the case is complete, which inevitably leads to procedural errors when deciding whether to verify the evidence collected and ultimately leads to conclusions on the case based on an incorrect assessment of the evidence collected.

Keywords:reading out the testimony of the defendant, reading out the testimony of the victim and witness, court verdict, preliminary investigation, court hearing, suspect, accused, court proceedings, criminal case, evidence, process of proving, criminal event, verification of evidence, assessment of evidence, criminal prosecution, circumstances subject to mandatory proof