To the question of testimony of the defendant during preliminary investigation and criminal proceedings

The author examines the role and value of testimony of the defendant in a criminal case in two aspects: as one of types of evidence and as way of realization by the defendant of the right to protection. The debatable question concerning expediency of saving testimony of the defendant as type of evidence is under consideration. Provisions of the Plenum resolution of the Supreme Court of the Russian Federation of November 29, 2016 No. 55 "About the court sentence" and the points of view of legal scholars on the matter are analyzed. The author concludes that if to consider testimony of the defendant as a way of realization of the right to protection, it is obvious that this type of evidence under appropriate check and assessment together with other proofs can play an important role when the court passes the sentence of acquittal. The article deals with the problems of assessment of testimony of the defendant with mental anomalies or if he was under the influence of alcohol or drugs at the time of perception of the event. The proposals of some legal scholars to consider the pre-trial testimony of the defendant having alcoholic or drug addiction inadmissible, sounds reasonable. The conclusion about the expediency of introduction of criminal liability for the defendant for giving obviously false testimony that can have a disciplinary and educational impact on this subject of the criminal procedure relations, will reduce red tape in a criminal case and will protect the legitimate interests of other participants of criminal legal proceedings (the victims, civil claimants and their representatives) is substantiated. The debatable points of view of legal scholars, a judicial and investigative practice concerning admissibility by court of the testimony given by the defendant during preliminary investigation are analyzed. As a result, the author concludes about the expediency of entering into Part 1, Article 77 of the Criminal Procedure Code of the Russian Federation of the changes allowing to recognize as testimony of the defendant the data reported not only during interrogation but also during a face- to- face interrogation, police identification and verification of testimony on the crime scene.

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