Sechin further absence can be brought to court forcibly

© RIA Novosti / Sergey Goneeverything in fotomontaggi Sechin. archival photoSechin further absence can be brought to court forcibly© RIA Novosti / Sergey Goneeverything the image Bank

The head of «Rosneft» Igor Sechin, in theory, could face a compulsory drive in court if he will not be attend the meeting without good reason, respondents reported RIA Novosti lawyers.

The corresponding decision is at the discretion of the judge, any automatically prescribed procedures in this case, even if the witness misses two or three consecutive interrogation.

At today’s hearing on the case of Alexei Ulyukayev Sechin, a key prosecution witness, failed to appear, without explaining the reasons. According to the judge, «Rosneft» refused to take police officers to the agenda. The new interrogation is scheduled for Wednesday, November 15, the judge ordered re-send the agenda.

Legal ways not to come in for questioning

«In accordance with part 7 of article 56 of the code of criminal procedure, in case of evasion of appearance without good reasons the witness may be arrested… for good reasons, in particular, can be recognized: illness of the witness or his family member if it is impossible to delegate the care; late presentation of the agenda; inability of voter turnout due to natural disasters and so forth,» — said the lawyer, researcher, Institute of state and law Russian Academy of Sciences Boris Bashilov.

His colleague Lyudmila Aivar said that a failure to appear in court without good reason there is also a penalty. «In addition, the judge may disclose his testimony given at the investigation stage,» said the lawyer.

Commenting on the decision of the court to direct the agenda of Sechin’s not at home, and at work, Bashilov confirmed that such a possibility fixed by order of the Judicial Department of the RF armed forces.

«As practice shows, in such large organizations (like Rosneft) is always instruction on records management, which provides, in particular, the order of registration of incoming correspondence and the inability to take a selective approach to the registration of incoming correspondence,» — said Zaitsev.

But it is not possible to assess the validity of «Rosneft» refused to accept the agenda, as the document there is no public access.

Can interview via video link

According to Bashilova, the possibility of questioning the witness outside of the trial (at home or at work) of the criminal procedure law.

«In accordance with articles 240, 241 of the code of criminal procedure, principles of judicial proceedings are transparency and immediacy, that is, the study in the trial. The only way to avoid appearance in court is to testify through the use of video-conferencing, as provided by article 278.1 of the criminal procedure code of the Russian Federation», — said the expert.

According to Aivars, a basis for questioning via video conferencing is the presence of a witness in another region of Russia. «If a person is in a different subject of the Russian Federation, it should come in the local court and by video link to testify. This possibility is theoretically there,» said the lawyer.

To testify in court via Skype from work or from house. «This is a special procedure. In the hall with a witness is a judge, she checks his passport, Secretary of the parallel runs of the Protocol. Verifies the identity of a witness and then suddenly it is not Sechin, a man like him,» explained Ivar.

In General, under similar procedural circumstances, as in the present case, the decision on the further proceedings taken by the judge «in view of the importance of the anticipated evidence of the witness,» said Zaitsev.