Annotation

The article provides a comprehensive analysis of the institution of the announcement of testimony in court proceedings through the prism of the principle of immediacy of evidence examination and the accused’s right to examine witnesses against him. The legal positions of the Supreme Court of the Russian Federation, the Constitutional Court of the Russian Federation, and the European Court of Human Rights concerning the admissibility of previously given testimony are examined. The author substantiates the necessity of assessing the admissibility of announced testimony based on a set of interrelated criteria, including the objective reasons for a witness’s absence, the sufficiency of measures taken by the court to secure the witness’s appearance, and the existence of compensatory procedural safeguards. The article identifies a legislative gap in Article 281 of the Criminal Procedure Code of the Russian Federation regarding repeated failure of a duly notified witness to appear in court, which leads to inconsistent judicial practice. A proposal is made to amend Part 2 of Article 281 of the Criminal Procedure Code in order to ensure uniformity of law enforcement and compliance with the reasonable time requirement in criminal proceedings.