On the testimony of the accused obtained during the preliminary investigation and trial of the criminal case, as a way of realization of the right to protection

The author examines the role and value of testimony of the defendant obtained in criminal case in two aspects: as one of types of evidence and as the way for realization by the defendant his or her A debatable question concerning the expediency of preserving testimony of the defendant as type of evidence is under consideration right to protection. Provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation № 55 dated November 29, 2016"About the adjudication" and the points of view of scientists on the given matter are under analysis. 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, being appropriately examined and estimated in total with other evidence, can play an important role when the court passes a sentence of acquittal. The author supports the conclusion about the expediency of introduction of criminal liability of the defendant for giving obviously false testimony that will have a disciplining and educational impact on the subject of criminal procedure relations , will reduce red tape in criminal cases and will promote protection of legitimate interests of other participants of criminal legal proceedings (injured parties, civil claimants their representatives). The debatable points of view of scientists are considered and the judicial and investigative practice concerning admissibility in court of testimony of the defendant given in preliminary investigation is under analysis. As a result, the author concludes about the expediency to amend Part1, Article 77 of the Criminal Procedure Code of the Russian Federation by allowing to recognize as testimony of the defendant the data reported not only during interrogation but also during a confrontation, for identification and verification on the crime scene.

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