Evaluation of the accused’s testimony in the court of first instance

Abstract

The study is devoted to the scientific analysis of the evaluation of the testimony of the accused in criminal proceedings in the court of first instance, on the basis of which relevant proposals are formulated aimed at improving the quality of the court’s activity at this stage of the criminal process. In order to find out the subjects authorized to carry out the assessment of evidence in a judicial criminal process, such categories as «assessment of evidence», «activity of the court in the examination of evidence», «competitiveness» were studied and analyzed. The main requirements for the court’s activity in evaluating the testimony of the accused have been defined: compliance with the procedural requirements for obtaining testimony; absence of significant contradictions in testimony; objective confirmation of testimony by other evidence in the proceedings and others. It is emphasized that the testimony of an accomplice should not be the only evidence or be of decisive importance for the decision of the criminal proceedings on the merits. They should be subject to a more thorough verification of credibility, confirmed by the totality of evidence and used as evidence of the guilt of the person giving the testimony. Arguments are given that in order to maintain the necessary balance between the rights of the accused and the accomplice testifying against him, it is necessary to consider the accomplice as a witness when following the procedure of his interrogation in this status, that is, to warn him of criminal liability for giving knowingly false statements and for refusing to give statements.