ON THE LEGAL POSITION OF A WITNESS UNDERGOING A PUBLIC CRIMINAL PROSECUTION PROCESS

Abstract

In the article, the author considers the category of “witness under suspicion”, specifying that within the framework of criminal procedure science, the study of the legal nature of this phenomenon is very relevant due to the approach demonstrated by the legislator to endow participants in criminal procedure relations who have signs that do not allow them to be fully attributed to any of the existing categories with an independent procedural status. The author also provides a justification for the need to review the existing legal mechanisms for ensuring the procedural interests of a witness against whom actual criminal prosecution is being carried out, and raises the problem of using the evidence obtained as a result of such activities to expose the accused in a criminal case.