ҚОРҒАЛУҒА ҚҰҚЫҒЫ БАР КУӘНІҢ АЙҒАҚТАРЫ – ҚЫЛМЫСТЫҚ ПРОЦЕСТЕ ДӘЛЕЛДЕМЕЛЕРДІҢ ДЕРБЕС ҚАЙНАР КӨЗІ РЕТІНДЕ

Abstract

The authors of scientific article examine the essense and legal nature of the testimony of a witness entitled to defense, who possesses the guarantees against self-incrimination and distinctive procedural status of between that of a traditional witness and a suspect, as well as the place of such testimony as one of sources of evidence in criminal proceedings. Although the current Criminal Procedure Code recognizes such testimony as one of the sources of evidence, its procedural framework governing the collection, examination, evalution and use of such testimony, as well as its legal nature and independent procedural status, has not been adequately regulated. The purpose of this study is to identify the theoretical and legal foundations for recognizing the testimony of a witness entitled to defense as an independent source of evidence in criminal proceedings. To achieve this objective, the study employs generally accepted scientific methods, including analysis, comparison, deduction, induction, logical reasoning and the system-structural method. In addition, due to the absence of specific legal provisions governing legal relations associated with the testimony of a witness entitled to defense, the method of legal analogy (analogy of law) was applied by relying on legal norms that are similar in purpose and legal content to resolve the identified legal issue. Based on an analysis of the works of domestic and foreign scientists, the study substantiates the necessity of legislative recognition of the testimony of a witness entitled to defense as an independent source of evidence in criminal proceedings. Accordingly, it proposes the introduction of Article 115-1 into the Criminal Procedure Code of the republic of Kazakhstan to establish a separate legal framework governing this type of testimony. The findings of the study are intended to eliminate the existing gaps in the legal regulation of the procedural status of this participant and to contribute to the further development and improvement of the criminal procedure legislation of the Republic of Kazakhstan.