«Advokatskaya Gazeta», Russian Advocacy Newspaper publishes a commentary by the TV&P lawyer,devoted to analyzing the issue of the possibility of deposition of the written testimony of a witness in a criminal case if the witness refuses to appear in court.

In criminal cases, there are situations where a lawyer becomes aware of persons who have not been involved in the case as witnesses, but their testimony may be relevant for the consideration of the case. Despite the fact that the lawyer has the right to file a motion to bring the mentioned person to the case as a witness, there may be cases where a person who could give the necessary evidence for various reasons refuses to attend the court hearing (for example, due to fears related to the identity of the defendant, being on a business trip, etc.). In this regard, the author analyses the possibility to use the act of advocate's interrogation of the person concerned and its evidentiary value for the court.

Based on the analysis of the case law of the Constitutional Court of the Russian Federation and courts of general jurisdiction, the author concludes that it is advisable to deposit the act of interrogation of a witness by a lawyer along with a motion to bring such a person as a witness before court. If it favours the Client’s interests, after the interviewee has obtained the status of a witness, it is possible to apply for adjournment of a court hearing or bringing the witness to the court.

«Advokatskaya Gazeta», Russian Advocacy Newspaper is the official body of the Federal Bar of the Russian Federation (published since 2007). Publications of "Advocacy Newspaper" are devoted to the most important legal topics, case law, as well as issues of advocacy.