When summoned to a judicial authority, a person is obliged to appear or declare valid reasons for absence. The presence of all participants in the process is necessary for the procedure to proceed correctly. Liability is provided for the failure of a witness to appear in court in a criminal case. It is worth knowing what consequences will follow if you are absent from a court hearing.

What is the danger of a witness failing to appear in court in a criminal case?

Most people understand that victims, defendants, and witnesses must be present at trial. None of them has the right not to appear at the meeting, the time of which is set in advance. The witness should also be in the courtroom, because he plays an important role in the case and can even direct the investigation in a different direction. Let's consider what can happen if a person does not appear at the trial.

When a person's testimony is significant, the case may be postponed to another date. In other cases, they have the right to continue the trial even if the summoned witness is absent. As a rule, testimony is not made public in his absence. But if the citizen has failed to appear many times, the prosecutor will have the opportunity to ask for previous evidence to be read out. In this case, there will be a reference to extraordinary circumstances. However, the final decision on this point is made by the judge.

Important! The defense may object and disagree with the prosecutor's opinion. Because disclosing testimony without the person himself is a gross violation.

Law enforcement agencies may believe that the failure to appear occurred because the person has something to hide. This means that representatives of the law will be more interested in the citizen. That is why it is better not to hide from court proceedings and remember the duties and rights of a witness. Then the participant in the case will not have any problems, and he will only be required to give testimony.

Good reasons

In some cases, the witness does not want to hide from the court, but actually cannot come to the hearing. Therefore, you should know the good reasons that justify a person in such a situation.

Illness of the summoned citizen or his loved one, which makes it impossible to appear in court.
Lack of transport links, accident.
Various man-made disasters.
No subpoena.
Receive a summons on the court date or later.
The need to leave for work or serious personal reasons.

Please note that the reasons described above will need to be confirmed with documents. If a person simply forgot about the meeting or did not want to participate in it, then he will have to bear responsibility for his action.

Also, a citizen has the right to be required to appear in court, and for this they can even turn to law enforcement officers.

Liability provided

Considering the fact that the absence of a witness affects the quality of the meeting, they have the right to hold him accountable. Therefore, if a citizen does not appear for the case, then he will face consequences.

What could be:
They will be forcibly brought to a court hearing.

A fine will be imposed for absence from the courtroom. If a civil case is being resolved, then you will have to pay 1,000 rubles. Witnesses in criminal proceedings will pay 2,500 rubles.

At the moment, there is no criminal liability for the fact that a person does not appear at the meeting. But a person must still appear in court if there are no reasons for absence. Some citizens are looking for ways to avoid punishment for failure to appear. It can be said unequivocally that liability will not arise only if there are legislative grounds for canceling the fine. Therefore, now we will consider in what situations a person will not have to answer to the law.

Is it possible to avoid punishment

By law, all participants in the case, including witnesses, must appear in court. The agenda is sent in advance, so the person will have the opportunity to prepare for the meeting and free up time for it. If for some reason a citizen cannot be present at the case, then he must inform the court about this.

There will be no punishment in the case where a citizen was unable to come for a serious reason. If he can confirm this fact with official papers, then he will not be held accountable. Please note that there is no specific list of reasons. However, it is important that the reason for the absence clearly indicates the impossibility of appearing in court.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

Our lawyer can advise you free of charge - write your question in the form below:

Good afternoon, tell me, I am being summoned to court as a witness in a civil case, but I have a small infant and I have no one to leave him with, this will be considered a valid reason, and I wrote an explanatory note to the court. Sincerely, Elena.

Question: No. 1566 dated: 2015-02-27.

On the merits of the question asked, we report the following.

By virtue of Art. 69 of the Code of Civil Procedure of the Russian Federation, a witness is a person who may know any information about circumstances relevant to the consideration and resolution of the case. Information provided by a witness is not evidence if he cannot indicate the source of his knowledge.

The person applying to call a witness must indicate what circumstances relevant to the consideration and resolution of the case can be confirmed by the witness, and inform the court of his name, patronymic, surname and place of residence.

According to Art. 70 of the Code of Civil Procedure of the Russian Federation A person called as a witness is obliged to appear in court at the appointed time and give truthful testimony. A witness may be questioned by the court at his place of residence if, due to illness, old age, disability or other valid reasons, he is unable to appear when summoned by the court.

For giving knowingly false testimony and for refusing to give testimony for reasons not provided for by federal law, the witness bears responsibility under the Criminal Code of the Russian Federation.

The witness has the right to reimbursement of expenses associated with the summons to court and to receive monetary compensation in connection with the loss of time.

In accordance with Art. 113 of the Code of Civil Procedure of the Russian Federation, persons participating in the case, as well as witnesses, experts, specialists and translators are notified or summoned to court by registered mail with acknowledgment of delivery, a summons with acknowledgment of delivery, by telephone message or telegram, by fax or using other means of communication and delivery, ensuring the recording of a judicial notice or summons and its delivery to the addressee.

According to Art. 168 of the Code of Civil Procedure of the Russian Federation, in the event of the failure of witnesses, experts, specialists, and translators to appear at the court hearing, the court listens to the opinion of the persons participating in the case about the possibility of considering the case in the absence of witnesses, experts, specialists, and translators, and makes a determination to continue the trial or to postpone it.

If a summoned witness, expert, specialist, or translator fails to appear at the court hearing for reasons recognized by the court as disrespectful, he may be subject to a fine of up to one thousand rubles. If a witness fails to appear at a court hearing without good reason due to a second summons, he or she may be subject to forced attendance.

Thus, you need to send a written explanation to the court indicating the valid reasons for your failure to appear at the court hearing, and also note that you agree to testify at your place of residence, since you have no one to leave the child with. Do not refuse to testify under any circumstances, as the court may impose a fine on you or imprison you.

For a more detailed answer to the question you are interested in, we suggest you contact the reception office of lawyer Sergei Sergeevich Ivlev at the address: Orenburg, st. Shevchenko 20B, office 414, tel.: 8-919-865-42-20.

Attention! The information provided in the article is current at the time of publication.

It doesn’t matter in which court you are a witness, be it a criminal court or a civil court, the rules of conduct for witnesses have long been determined and are considered generally accepted.

The first thing that is important to know is Appearance in court when summoned is mandatory. If you fail to appear at a court hearing on a subpoena where you are summoned as a witness, this is considered a very serious violation, for which you may even be subject to administrative liability or a decision may be made to have you brought in forcibly. If there is at least some good reason for your failure to appear in court, you need to be notified about it in advance; as a rule, the court respects this and will call you as a witness again.

Keep in mind that:

you cannot be released from work if you are summoned to court by subpoena;
the hearing may last much longer than expected, so the court may issue a special document for your employer, which indicates the time of your stay in court;
You must always have special documents with you that prove your identity.

After you give your testimony in court, you may be released immediately if the parties do not object, but you can also ask the court to stay until the verdict is rendered; perhaps the court will have some more questions about you.

How should a witness behave in court?

You must give only truthful testimony. Otherwise, criminal liability is provided for giving false testimony.
You need to speak briefly and only to the point, talk only about what you saw with your own eyes. Your various assumptions and conclusions are of no use to the court, even if they remain with you.
Answer the questions clearly, do not say too much, because too much information can turn against you.
The witness may use various manual notes, but must first show them to the court.
Throughout the entire court hearing, you will be asked questions by everyone who can: a lawyer, a prosecutor, a judge. In any case, you are obliged to answer questions, even if they do not suit you and contradict all principles.
According to the Constitution, you can only refuse to testify against your loved ones or yourself. In this case, refusal to testify is not subject to criminal liability.
You can only answer the questions posed, but you are prohibited from asking them to the court.
When you are interrogated by an investigator, then it is best to get a lawyer; he will protect you from unnecessary questions from the court.

Be careful! If the testimony that you gave to the investigator differs from the testimony that you gave to the court, then the court will accept as the truth the testimony that you gave earlier.

Guys, what is the penalty for failing to appear in court as a witness, I have already given evidence to the Ministry of Internal Affairs and signed the papers.

If you are really needed there, the trial will be postponed, and for the first time I think nothing will happen.

CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION\" dated December 18, 2001 N 174-FZ Article 113. Arrest 1. In case of failure to appear when summoned without good reason, the suspect, accused, as well as the victim and witness may be brought in. 2. The arrest consists of forced bringing a person to the inquirer, investigator, prosecutor or to the court 3. If there are reasons preventing the person from appearing when summoned within the appointed time, the persons specified in part one of this article shall immediately notify the body by which they were summoned. 4. The decision of the inquirer, investigator, of a prosecutor, a judge or a court ruling on the arrest before its execution is announced to the person who is subject to the arrest, which is certified by his signature on the resolution or ruling.

This threatens with forced arrest by bailiffs.

It all depends on the importance of your participation. Nothing, or forced bringing to court. But I think it’s better to show up, because... if there is no way to get there without you, the matter will simply hang on, if there is no way to get there without you.

Comrades will come to you in the form of bailiffs and lead you by the arms to court.

A fine for contempt of court, ensuring the compulsory attendance of a witness. This is in the event that participants in the court session apply for the compulsory attendance of a witness.

I received a letter from the tax office demanding that I appear as a witness. It is not clear why, in case of failure to appear, they are threatened with a fine?

They gave you a letter for signature?...if yes, you need to go...if no, send them to hell and don’t go anywhere...if you have to, they will summon you with a summons...the courier will bring it for signature as expected...and letter-ugh...you didn’t receive it?...really?...))) good luck...)))

What is not clear? Tax violation. Article 128. Responsibility of a witness Failure to appear or evasion of appearance without good reason by a person called as a witness in a tax offense case entails a fine in the amount of one thousand rubles.

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depends on what category of dispute is being considered in court (gr., criminal, administrative)... if this is a simple case about protecting consumer rights, then you don’t have to write anything at all, the court will simply note it in the protocol. meeting about your failure to appear and will most likely make a decision anyway.... if you still want to write, then write a petition to the court that will consider the case on consideration in your absence, in the same petition (again depends on the category of the dispute ) can you briefly state your position on the merits of the dispute

As Maria rightly points out, it all depends on what kind of legal proceedings: if you don’t have to write anything in a civil case, and especially not go anywhere, there is no liability. If it’s a criminal or administrative case... you can’t limit yourself to any letter. Moreover, no one has yet canceled the drive procedure.

the court summons must indicate the telephone number of the secretaries; call them and clarify everything, or go to the website of the court or court district and look at sample statements there. If you are a witness in a criminal case, then this is decided if you are needed or your testimony given during the investigation can be read out. It all depends on the specific case at hand.

If you have a valid reason: eg. sick leave.... To the judge who is considering, write a request for consideration without your participation. Further, if this happens, they will definitely notify you and then there will be a postponement.

Firstly, about failure to appear (this also applies to all other literate students). Secondly, what other request for consideration in the absence of a witness and a brief statement of the position on the merits of the dispute? ! Such statements are written by the parties, not by witnesses. Civil proceedings are oral, so the testimony of a witness is read out only in one case - if he lives far away (as a rule, in another region), his explanations are essential for the correct resolution of the case and the court sent a writ to question him, here is the protocol of the court session of another court and is announced by the judge in the absence of a witness.

What will happen to me if I fail to appear in court as a witness?

Nothing. you say: I'm sick...

The drive will be a second time.

Did you receive a summons that you must come to the meeting?? ? I just have the same trick. I am also a witness. But who the hell knows when they'll call me. What if I went to the seaside and that’s it... they didn’t warn me. Well, you will appear on the documents as a witness, but you just didn’t show up

if it’s a criminal case, then a summons is possible; if it’s a civil case, they will consider it without you, although they may postpone it for another time, call it again - at the discretion of the judge....

For a long time there will be remorse for not helping the person with your testimony))))

Question for lawyers. What does the law provide for failure to appear in court as a witness? The bailiff insists on appearing.

this means that the court did not consider it possible to consider without your participation, a fine may be imposed for contempt of court, a forced arrest may be provided, and in the worst case, even a criminal case for refusal to testify

Because you are aiding the criminal by refusing to speak out.

fine, I DON’T REMEMBER THE SIZE, BUT IT WILL NOT APPEAR MUCH IF PROPERLY NOTIFIED

when they hold the buzz, they don’t speak. which is not hefty. They also say, if you say A, say B. I didn’t want to go to court, I had to write a statement to the court. Why are you asking your testimony to be considered without your participation... since the matter has come to this... but still. Need to go. once they call you. Firstly, the trial will be postponed. how many other people will suffer because of this. besides that. that they will issue a fine...

in case of giving false testimony or refusal to testify, criminal liability arises. so if the fact of notifying you of an upcoming meeting in which you are declared as a witness is recorded, you will have to speak. otherwise as stated above - fine

up to arrest and forced transfer + fines.

If the case is criminal, then this is Article 113. Arrest 1. In case of failure to appear when summoned without good reason, the suspect, accused, as well as the victim and witness may be brought in. 2. Arrest consists of forcibly bringing a person to an inquiry officer, investigator or to court. (as amended by Federal Law dated 06/05/2007 N 87-FZ) if civil - Article 168. Consequences of failure of witnesses, experts, specialists, translators to appear at the court session 1. In the event of failure to appear at the court session of witnesses, experts, specialists, translators, the court will hear the opinion of the persons participating in the case about the possibility of considering the case in the absence of witnesses, experts, specialists, translators and makes a determination on the continuation of the trial or its postponement. 2. If a summoned witness, expert, specialist, or translator does not appear at the court hearing for reasons recognized by the court as disrespectful, he may be subject to a fine of up to one thousand rubles. If a witness fails to appear at a court hearing without good reason due to a second summons, he or she may be subject to forced attendance.

Criminal Code of the Russian Federation: Article 308. Refusal of a witness or victim to testify. Refusal of a witness or victim to testify is punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a period of from one hundred twenty to one hundred eighty hours, or correctional labor for up to one year, or arrest for up to three months. Note. A person is not subject to criminal liability for refusing to testify against himself, his spouse or his close relatives. In addition, if you do not appear in court to testify, you may be forcibly brought in.

Fine and forced transfer.

What are the consequences of failing to appear before an investigator when subpoenaed as a witness in a criminal case?

If you fail to appear on a summons, you may be subject to arrest.

Next time they will bring you under escort, and for another matter.

Then there are all the options: 7. In case of evasion of appearance without good reason, the witness may be brought into custody. 8. For giving knowingly false testimony or refusing to give testimony, the witness is liable in accordance with Articles 307 and 308 of the Criminal Code of the Russian Federation. 9. For the disclosure of preliminary investigation data, the witness is responsible in accordance with Article 310 of the Criminal Code of the Russian Federation

by force and that's it...no more

and it’s not so easy to carry out a violent drive; the investigator is busy; he’s not the guy from the military registration and enlistment office who can live near your apartment) so when and what kind of drive they will make is another question)

In connection with a criminal case - arrest. Carried out by the local police officer.

If you don’t show up 1-2 times, in practice, this doesn’t threaten anything, but all patience comes to an end with the state, jokes are dangerous, then they can issue a summons or report and go to court, where they will impose a fine

Are there sanctions for failure to appear in court as a witness? A man's cell phone was stolen. I filed a statement, etc., and am going to trial as a witness. A year and a half later, the thieves were found, but the applicant no longer cares, he is in the army and will not come to court. Are there sanctions for the failure of a witness to appear in such a case? Several dozen more cases have been attached to these people, and they will all be considered at once.

The Code of Criminal Procedure of the Russian Federation establishes that in case of evasion of appearance without good reason, a witness may be subject to arrest.

Is it legal to summon someone to court without a summons, but by telephone as a witness? If there is a failure to appear, what are the consequences? .if there is a no-show, what are the consequences?

The law does not prohibit calling witnesses to court by telephone, so the court’s actions are lawful. If there is a failure to appear without a good reason, then a fine of up to 1 thousand rubles is possible. If a witness fails to appear at a court hearing without good reason due to a second summons, he or she may be subject to forced attendance. However, you can insist that they did not call you and then the court will have to prove that they called you. In such a situation, without your signature, it is almost impossible to prove proper notice. And you will not be in any danger of not showing up.

Nothing. You didn't put your signature anywhere.

Sometimes there are cases when notification of a court appearance by telephone is issued by telephone message, and this can be regarded as proper notice. Hence the appropriate response measures for failure to appear - a fine or forced detention.

In your absence, the case can be considered only if there is confirmation of notification of the place and time of the consideration of the case. It is almost impossible to record the fact of notification by telephone.

the call is legitimate. If you don’t come, options 2 will be considered without you. the second is forced bringing to court

What happens if you fail to appear in court as a witness? As I understand it, forced drive. And after giving evidence, is the witness immediately released or given a written undertaking not to leave until the end of the trial?

Witnesses are not given a written undertaking not to leave the place :)) only the suspect can, and it depends on what the article is. if you agreed to go to trial as a witness, then in case of failure to appear, liability is provided, as well as for false testimony. Article 167. Consequences of failure to appear at a court hearing by persons participating in the case and their representatives 1. Persons participating in the case are obliged to notify the court of the reasons for failure to appear and provide evidence of the validity of these reasons.

Forced, if the parties cannot do it without you. But sometimes they can’t do it without a witness, but the judge can. A game in one word. At the end of the court hearing, you can calmly go home and wait for the next summons, if the need arises.

You are not a simple witness if you are afraid to become a suspect. Forced drive can be applied. At the same time, the culture of treating you will completely depend on the mood of those who come for you. They can ride in a paddy wagon with the “criminals,” or they can give you a ride in a Zhiguli. Better go once and don't worry.

How thin is the line between a witness and a defendant, don’t walk, nothing will happen....

What is the fine for failure to appear in court as a witness about an administrative offense under Article 12.15 Part 4 of the Code of Administrative Offenses

They can hold a trial without this person, and a decision will be sent by mail. No fine will be imposed.

failure to appear in court as a witness Do I have the right not to appear in court as a witness? What will happen to me if I don’t show up? (I don’t know who the accused is and what the case is)

Criminal Procedure Code of the Russian Federation. Article 272. Resolution of the issue of the possibility of considering a criminal case in the absence of any of the participants in criminal proceedings. If any of the participants in criminal proceedings fail to appear, the court listens to the opinions of the parties on the possibility of trial in his absence and issues a ruling or resolution to postpone the trial or its continuation, as well as about calling or bringing in a participant who did not appear. According to Art. 113 of the Code of Criminal Procedure of the Russian Federation, “drive” means the forced delivery of a person. The simultaneous imposition of a fine during the execution of the drive would tighten the liability for failure to appear when called by an official, but this is only possible if the legislation is changed. In criminal proceedings, a suspect, accused, victim and witness who fail to appear when summoned by the investigator, interrogating officer or the court without good reason (illness, untimely delivery of a summons, etc.) may be summoned. There are some restrictions when executing a summons. Firstly, in accordance with Part 6 of Art. 113 of the Code of Criminal Procedure of the Russian Federation, minors under the age of 14 years, pregnant women, as well as patients who, for health reasons, cannot leave their place of stay (subject to certification of this circumstance by a doctor) are not subject to transportation. Secondly, according to Part 5 of Art. 113 of the Code of Criminal Procedure of the Russian Federation, the drive cannot be carried out at night (from 10 p.m. to 6 a.m.) except in urgent cases. Before changes were made to this standard (July 2003), the operation of drives at night was completely prohibited. This did not allow interregional drives if the travel time exceeded 16 hours. But even now they are not always possible. Thirdly, prosecution is prohibited against certain officials in cases established by law. For example, in accordance with Part 2 of Art. 42 of the Federal Law “On the Prosecutor’s Office” the bringing of a prosecutor and an investigator is allowed only when this is provided for by federal law to ensure the safety of other persons. When considering cases of administrative offenses, prosecution can also be carried out in relation to a legal entity, or a legal representative of a legal entity in respect of whom proceedings are being carried out for an administrative offense, a legal representative of a minor subject to administrative liability, as well as a witness (Article 27.15 Code of Administrative Offenses of the Russian Federation). In civil proceedings, forced transport in accordance with Art. 168 of the Code of Civil Procedure of the Russian Federation, a witness who, upon a second summons, did not appear at the court hearing without good reason, may be subject to punishment. According to Part 5 of Art. 24 Federal Law dated 02.10.2007 No. 229-FZ “On Enforcement Proceedings”, persons who evade appearing before a bailiff may also be subjected to forced bringing. Based on the meaning of Part 1 of Art. 24 of the Federal Law “On Enforcement Proceedings” these may include persons participating in enforcement proceedings (claimor, debtor, persons directly fulfilling the requirements of the enforcement document, other persons assisting in the fulfillment of these requirements). Bringing to court (except for cases of consideration of cases on administrative offenses) and to a bailiff is carried out in accordance with Part 1 of Art. 11 of the Federal Law "On Bailiffs" - a bailiff to ensure the established procedure for the activities of courts (bailiff for OUPDS). In other cases, the arrest is carried out by the internal affairs bodies (part 7 of article 113 of the Code of Criminal Procedure of the Russian Federation, part 2 of article 27.15 of the Code of Administrative Offenses of the Russian Federation).

For failure to appear without a good reason, it is even possible to be held criminally liable for refusal to testify as a witness (if it is a criminal case) But in general, everything is written on the back of the summons!

A fine may be imposed for failure to appear in court without a valid reason, and forced transport to the next court hearing. So it's better to go.

What consequences might my failure to appear in court as a witness have for me?

If a plaintiff or defendant fails to appear at a court hearing without good reason, if neither of them has submitted an application to hear the case in their absence, the court, postponing the hearing of the case, has the right to impose a fine on the plaintiff or defendant who failed to appear. If the parties fail to appear without good reason for the second summons, the court leaves the claim without consideration if it does not consider it possible to resolve the case based on the materials available in the case (Article 222 of the Code of Civil Procedure of the Russian Federation). A person who refuses to accept a subpoena is considered to have been notified of the time and place of the trial (Part 2 of Article 117 of the Code of Civil Procedure of the Russian Federation). As you can see, there is no mention of a witness here.

Sad.

drive unit. Bailiffs or the police will come and take you away. And then perhaps a fine.

Forced drive

of course, a drive, but in general, if guilt is already proven and no one makes a motion to interrogate you in court, then they can “score” you

It depends. If it is administrative or criminal, a prosecution is possible

Drive, fine

I was once a witness, and later was summoned to court as a witness. But I didn’t show up twice and I didn’t bear any responsibility, perhaps because the case was administrative.

Need to go

What are the consequences of a defendant’s failure to appear in court as a witness?

Witness testimony from the employer no longer has any legal meaning: the employer is obliged to record all its relations with the employee on paper. the employee may be trying to prove something with testimony. If you don’t want to, you need to take sick leave for that day, or at least get a certificate from a doctor you know: I was seen from __ to __ hours due to an exacerbation of __ disease.

nothing, the judge can reject the defendant’s desire not to hold the hearing without a witness...

is fraught with forced drive

They might throw you out of work. Then you yourself will look for witnesses from the employee.

What happens to failure to appear in court as a witness? I have a problem, I was summoned as a witness to court in another city, but it so happened that I really have no money (50 rubles in my wallet), that is, I physically cannot even buy a one-way ticket, and there is no one with a small child leave...

What will happen to me if I don’t come there?

If the travel expenses of the witness were borne by the party (plaintiff, defendant), then in accordance with Art. 98 of the Civil Procedure Code of the Russian Federation, the party in whose favor the court decision was made, the court awards the other party to reimburse all legal expenses incurred in the case, except for the cases provided for in part two of Article 96 of this Code. In accordance with Part 2 of Art. 96 of the Code of Civil Procedure of the Russian Federation, if the calling of witnesses, the appointment of experts, the involvement of specialists and other actions subject to payment are carried out on the initiative of the court, the corresponding expenses are reimbursed from the federal budget. Such expenses at trial must be declared separately during the trial. Thus, you will be required to reimburse your expenses, but I understand that you do not have money for the trip. Then maybe this will help: Article 70 of the Code of Civil Procedure. Responsibilities and rights of a witness.

A person called as a witness must appear in court at the appointed time and give truthful testimony. A witness may be questioned by the court at his place of residence if, due to illness, old age, disability or other valid reasons, he is unable to appear when summoned by the court.

But, of course, it is necessary to notify the court about this, preferably in writing and indicating the reasons (difficult financial situation, a child with no one to leave, etc.). In my opinion, it is necessary to notify no later than 5 days before the meeting.

may be forced to attend the next meeting

If you notify in advance and provide evidence, maybe nothing will happen.

anyway, if you are a very important witness, then the bailiffs will come to you and take you to court

try calling the court secretariat to explain the situation

20 years in a maximum security colony.

Court notices to appear in court must be handed to you against signature (a registered letter with notification will also be considered proper notice) - if this is not done, then you can consider yourself not notified, with all the ensuing consequences. Although I personally consider this option an abuse of my rights... If you were notified of the place, time and date properly, then: firstly, the trial is already at the stage. meeting at which you did not appear, a decision was probably made to forcibly bring you to the trail. a court hearing, where the issue of imposing penalties may well be considered (if it turns out that you deliberately did not appear, please draw your own conclusion about what to say about this in court, I have given you directions... see above), secondly, you may well contact the court - the summons must indicate the address and phone number, no - find out and inform that leaving is difficult for you. But in the latter option, if a criminal case is being considered (unfortunately, you did not indicate the reasoning for the question), then your argument is not the basis for reading out evidence in court during the investigation, therefore, most likely, they will require your arrival...

Surprisingly, the criminal procedure also provides for reimbursement of expenses of the Criminal Procedure Code of the Russian Federation Article 131. Procedural costs 1. Procedural costs are expenses associated with criminal proceedings that are reimbursed from the federal budget or from the funds of participants in criminal proceedings. 2. Procedural costs include: 1) amounts paid to the victim, witness, their legal representatives, expert, specialist, translator, witnesses to cover their expenses associated with appearing at the place of procedural actions and accommodation; 2) amounts paid to workers and those who have a regular salary to the victim, witness, their legal representatives, witnesses in compensation for the wages they lost for the time spent by them in connection with the summons to the body of inquiry, to the investigator, prosecutor or to the court; 3) amounts paid to the victim, witness, and their legal representatives who do not have a regular salary, witnesses for distracting them from their usual activities; But the duties of Article 56. Witness 6. A witness has no right: 1) to evade appearing when summoned by an inquiry officer, investigator or to court; (as amended by Federal Law No. 87-FZ of June 5, 2007) (see text in the previous edition) 2) knowingly give false testimony or refuse to give testimony; 3) disclose preliminary investigation data that became known to him in connection with participation in criminal proceedings, if he was warned about this in advance in the manner established by Article 161 of this Code. 7. In case of evasion of appearance without good reason, the witness may be brought in. The best option is to inform the secretary that illness is a valid reason for failure to appear in court.

forced transport, fine, arrest for up to 15 days, but if the reason is considered valid, nothing will happen

valid reasons for not appearing in court as a witness, my husband’s sister is the accused, and I am a witness for the prosecution. My testimony is in the case, tell me what can I come up with so as not to participate in the trial? I don’t want to completely ruin my relationship with my daughter-in-law.

Severe damage to the legs and other limbs for sure. Not showing up in town

Hospital stay or serious illness with a doctor's order for bed rest at home.

Get seriously ill. Business trips, child care, etc. are not uv. reason

\"Get sick\" if the case contains your testimony, they may consider it without your participation

you don't have to testify against close relatives

What is the penalty for failing to appear in court as a witness in a criminal case?

palach_ssa scared you for nothing! You will simply be taken to court NOT voluntarily. Failure to appear is not considered a refusal to testify.

Article 308. Refusal of a witness or victim to testify. Refusal of a witness or victim to testify is punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of one hundred and twenty to one hundred eighty hours, or correctional labor for up to one year, or arrest for up to three months. Note. A person is not subject to criminal liability for refusing to testify against himself, his spouse or his close relatives.

I provide articles from codes that relate specifically to your situation. Article 70. Obligations of a witness A person called by the body of inquiry, the investigative body, the prosecutor or the court as a witness is obliged to appear at the designated place and time and date and give truthful testimony about the circumstances known to her in the case. If the witness does not appear without good reason, the inquiry body, investigative body, prosecutor or court have the right to apply a reason through the internal affairs bodies in the manner prescribed by Articles 135 and 136 of this Code. In the case provided for in part 2 of this article, the court also has the right to impose a monetary penalty on the witness up to half the minimum wage. The issue of monetary recovery is decided by the court at a court hearing when considering the case in which the witness was called. It can be resolved in another court hearing by calling this witness. His failure to appear without good reason does not prevent consideration of the issue of imposing a monetary penalty. Article 71. Responsibility of a witness For giving knowingly untruthful testimony, a witness bears criminal liability under Article 384 of the Criminal Code of Ukraine. For malicious evasion of appearing in court, before the pre-trial investigation or inquiry authorities, the witness is liable, respectively, under Part 1 of Article 185 3 or Article 185 4 of the Code of Ukraine on Administrative Offenses, and for refusal to testify about known circumstances in the case - under Article 385 of the Criminal Code Ukraine. (Code of Criminal Procedure, Verkhovna Rada of the Ukrainian Socialist Republic, dated December 28, 1960, \"Criminal Procedural Code of Ukraine\") Article 185 3. Contempt of court Contempt of court, which is expressed in malicious evasion of the appearance in court of a witness, victim, plaintiff , the defendant or in disobedience of the marked persons and other citizens to the order of the chairman or in violation of order during the court hearing, as well as the commission by anyone of actions that indicate a clear disregard for the court or the rules established in the court - entail the imposition of a fine from six to twelve tax-free minimum incomes of citizens or administrative arrest for up to fifteen days. Article 185 4. Malicious evasion of a witness, victim, expert, translator from appearing before the pre-trial investigation or inquiry bodies. Malicious evasion of a witness, victim, expert, translator from appearing in the pre-trial investigation or inquiry bodies - entails a fine of three to eight non-taxable minimums. income of citizens. (Code on administrative offenses, Verkhovna Rada of the Ukrainian Socialist Republic, dated 07.12.1984, No. 8073-X \"Code of Ukraine on administrative offenses\")

It all depends on the process and what you witnessed. If it’s something serious, then see the article above, and if not, then at the discretion of the court.

Yes, they are not particularly punished. Well, the drive will be issued. As I understand, during the investigation you have already been interrogated; if the judge gets tired of postponing the case, they will simply read out your testimony and that’s it.

What are the consequences of failing to appear in court as a witness if this is not the first time a subpoena has been served?

According to Part 2 of Art. 168 of the Code of Civil Procedure of the Russian Federation, if a summoned witness does not appear at the court hearing for reasons recognized by the court as disrespectful, he may be subject to a fine of up to one thousand rubles. If you fail to appear at a court hearing without good reason for a second summons, you may be subject to forced transport.

They will consider it without you! Drive, fine Did you sign for them?

in civil cases, as a rule. no consequences other than remorse for your conscience...

After two failures to appear in court, a witness may be forcibly brought. What about the defendant in a civil case?

Current legislation does not provide for the forced bringing of a defendant in a civil case. There is another “punishment” for the defendant - a default judgment, which, as a rule, is not made in favor of the defendant. Notified, but did not appear in court - you agree with the claim brought against you or you are indifferent to the result. Well, get the "scandal". And there is no point in running after the defendants. It’s even easier to consider cases without them...

No, and the defendant does not. In his absence, the case will be considered Article 70. Obligations and rights of a witness 1. A person called as a witness is obliged to appear in court at the appointed time and give truthful testimony. A witness may be questioned by the court at his place of residence if, due to illness, old age, disability or other valid reasons, he is unable to appear when summoned by the court. 2. For giving knowingly false testimony and for refusing to give testimony for reasons not provided for by federal law, the witness bears responsibility under the Criminal Code of the Russian Federation. 3. The witness has the right to reimbursement of expenses associated with a summons to court and to receive monetary compensation in connection with the loss of time. http://www.consultant.ru/popular/gpkrf/8_6.html#p507 GPK R book is really cool

The requirements of Article 168 of the Code of Civil Procedure of the Russian Federation do not apply to the defendant.

If the defendant does not appear in court, the case will be considered in absentia

He is only a witness; the law does not provide for bringing a witness! If this is the defendant, then yes!

Tell me, what are the consequences of failing to appear in court when subpoenaed as a witness?

Another summons is coming! ! And then the bailiff will come, who politely, or maybe not very politely (if you are really needed there), leads you into the meeting room!! !))))

you will become forced :))

criminal liability. Read the Criminal Code of the Russian Federation

administrative imposition of penalties if without good reason

If you find a good reason, documented, then nothing.

give a certificate of illness or say that pressure was put on you and you were afraid to come.

First you will receive another summons, and then at the discretion of the court - they are unlikely to hold you accountable, but if it is really necessary, then a bailiff will appear and forcibly...

Nothing. In case of failure to appear, if the court really needs the witness, a summons may be issued. But, of course, it will be carried out not by bailiffs, but by the police. The latter need this the least (since the number of positively executed court orders does not affect their salary), so they will not deliberately chase such a witness.

What consequences will my failure to appear in court as a witness have? The protocol was signed, she was just a witness, the case is not particularly important, I don’t know the defendants, but I have a session, exams and I need to be at work that day.

As a rule, none. Even if they issue a warrant, it’s simply not possible to open the door to the apartment, introducing yourself as a relative through the door, explaining that such and such a house is not there. There are usually no sanctions.

If the parties agree that your summons is not necessary, your testimony will be read out, and that’s it. And if any of them refuses and demands your personal presence, they will issue a forced arrest.

If the parties insist on your appearance, the court may subject you to arrest - that is, send bailiffs after you. Although usually witnesses are not particularly needed.

Call that you won’t come and then provide a certificate confirming your absence.

You may be forcibly brought to a court hearing by bailiffs. But if you are not a “valuable” or main witness, then your testimony can, with the consent of the parties, be read out by the court. I recommend writing a statement to the court about your possible failure to appear in court at the appointed time. In the application, indicate the reason for your failure to appear (illness, business trip, etc.), and also indicate that you fully confirm the testimony you gave at the preliminary investigation. This will remove all questions for you and will not put the court in a difficult position.

They can bring you by force.

What can be the consequences of failure to appear in court as a witness under Article 153 (theft) in a case five years ago?

If there are no good reasons, they will be forced to give (or will be considered as a refusal to testify, article) and if there is a good reason, such as illness, then you are obliged to notify the judge about this in advance. Article 113. Bringing in 1. In case of failure to appear when summoned without good reason, the suspect, accused, as well as the victim and witness may be brought in. 2. The bringing of a person consists of forcibly bringing a person to an inquiry officer, investigator, prosecutor or to court. 3. If there are reasons that prevent them from appearing when summoned on time, the persons specified in part one of this article shall immediately notify the authority by which they were summoned. 4. The decision of the inquirer, investigator, prosecutor, judge or court ruling on the arrest before its execution is announced to the person who is subject to the arrest, which is certified by his signature on the resolution or ruling. 5. The drive cannot be carried out at night, except in urgent cases. (as amended by Federal Law No. 92-FZ of 04.07.2003) 6. Minors under the age of fourteen, pregnant women, as well as patients who, for health reasons, cannot leave their place of stay are not subject to transportation, which must be certified by a doctor. 7. The arrest is carried out by the bodies of inquiry on the basis of a resolution of the inquirer, investigator, prosecutor, as well as by bailiffs to ensure the established procedure for the activities of the courts - on behalf of the court.

The court must find out the reason for the witness’s failure to appear in any case and bring this information to the attention of the parties. However, whether the reason for failure to appear is valid or disrespectful has no significance for deciding the issue of reading out the testimony of an absent victim or witness with the consent of the parties. The court should be able to call witnesses, and if witnesses fail to appear without good reason, such witnesses should be subject to appropriate sanctions (in the form of fines, damages, etc.). If a witness fails to appear, the court independently decides whether to continue the proceedings without hearing testimony.

Without a good reason - PUNISHABLE!

Forced bringing to court to give testimony, and if the criminal case is currently under investigation by the investigator, forced bringing to the investigator for questioning.

They can be sentenced to 15 years by execution. Like this. Don't go to court.

You have been summoned to a criminal trial, the article under which it is being conducted, the statute of limitations, etc. don't matter to you. Let the lawyers of the accused and the victim discuss this with the state prosecutor. It is your RESPONSIBILITY to appear and testify. Maximum penalty for failure to appear in court without a valid reason. Article 308 of the Criminal Code of the Russian Federation. Refusal of a witness or victim to testify. Refusal of a witness or victim to testify is punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a period of one hundred twenty to one hundred eighty hours. , or correctional labor for up to one year, or arrest for up to three months. (as amended by Federal Law No. 162-FZ of December 8, 2003) Note. A person is not subject to criminal liability for refusing to testify against himself, his spouse or his close relatives.

imposing a fine for failure to appear in court as a witness. I really need advice! She worked in an organization. It was closed due to numerous offenses. Now we, former employees, are being summoned to court as witnesses. I received a summons to my home address in the Krasnodar Territory; no signatures were taken from my parents. I was on vacation then, absent from Moscow (for which I have plane tickets) and did not come to court. A second summons arrived, again by mail, again to the home address, again no signature was taken from the parents indicating that the summons had been delivered. Only now there is also a fine for failure to appear in court on a previous summons of 1,000 rubles. Do they have the right to collect a fine if they do not have proof that the summons was received? Am I obliged to appear in court if the second summons was delivered with violations?

It’s better to come to court, otherwise they’ll take you with the bailiffs... You can appeal the fine, the summons must be handed in against signature (although this is unlikely for the Russian Postal Service - they constantly deliver summonses). Before appealing, the deadline for appeal must be restored. A lawyer will help with this. What am I saying - it’s better to immediately respond to summonses than to sue later... Or another option is to pay... A month after non-payment of the first fine, the judge will impose a second fine for the same amount... If you continue to fail to pay, then in the event meetings with the cops, they (the cops) will drag you back to the judge... But here it’s already 1-15 days of the bullpen. Will you take risks?

What will happen to a witness for failure to appear in Court?

Article 70. Obligations and rights of a witness
1. A person called as a witness is obliged to appear in court at the appointed time and give truthful testimony. A witness may be questioned by the court at his place of residence if, due to illness, old age, disability or other valid reasons, he is unable to appear when summoned by the court.

2. For giving knowingly false testimony and for refusing to give testimony for reasons not provided for by federal law, the witness bears responsibility under the Criminal Code of the Russian Federation. *70.2)

3. The witness has the right to reimbursement of expenses associated with a summons to court and to receive monetary compensation in connection with loss of time.

The witness is obliged to appear in court at the appointed time and give truthful testimony. Otherwise, his actions may be regarded as refusal to testify or deliberately giving false testimony. The consequences of a witness's failure to appear are determined by Art. 168 Code of Civil Procedure of the Russian Federation. If the witness fails to appear for an unexcused reason, the court may subject the witness to a fine, and if he fails to appear again, he may be subjected to a forced arrest by bailiffs. In accordance with Art. 307 of the Criminal Code of the Russian Federation, knowingly false testimony of a witness is punishable by a fine in the amount of 100 to 200 minimum wages or in the amount of wages or other income of the convicted person for a period of one to two months, or by compulsory labor for a period of 180 to 240 hours, or by correctional labor. labor for up to two years, or arrest for up to three months. Refusal of a witness or victim to testify is punishable by a fine in the amount of 50 to 100 minimum wages or in the amount of the wages or other income of the convicted person for a period of up to one month, or by compulsory labor for a period of 120 to 180 hours, or by correctional labor for for up to one year, or arrest for up to three months.
In the event that a citizen has the right to refuse to give testimony (Part 4 of Article 69 of the Code of Civil Procedure of the Russian Federation), he must inform the court about this by appearing at the court hearing or by notifying the court in writing about this before the start of the court hearing.

hit the butt

if there was no good reason and you received a summons, there may be a fine. One of my friends was fined 700 rubles.

The first time nothing will happen, then they will deliver it themselves, and they will make the accused (quite likely they will be fined).

will invite him again

the court will either impose a fine or issue an arrest order

As a witness in court, you play a very important role in the legal process. If you are a witness in a criminal case, your testimony will determine whether an innocent person goes to jail or whether a criminal is punished. In a civil lawsuit, your testimony may not send anyone to jail, but it can significantly influence fundamental legal rules. It is important to learn how to testify in court because the jury's decision will be based not only on what you said, but also on their overall impression.

Steps

Part 1

Prepare to Testify

Prepare yourself and gather your thoughts. Think about the main points you want to convey, and remember that you don't have to include every detail. The attorney(s) for the person you are testifying for will help you determine what is most important, but what you choose to include in your testimony is up to you. Keep a physical and/or electronic folder in which you can store notes or reminders indicating the time and sequence of events, paper or electronic copies of documents or receipts, and links to other things that may be useful as evidence, such as speech recordings, recordings of telephone conversations and so on.

Please remember that you will never be allowed to use your notes when giving evidence. For example, in the United States, in most cases, the Federal Rules of Evidence prohibit witnesses from reading their testimony from documents or recordings. If your testimony is very long, complex, or contains technical language (for example, if an “expert witness” is explaining a complex scientific technical process), you can provide access to records. The Defender will notify you in advance whether you will be able to use the recordings.

Review your affidavit. If you gave a written statement to the police, met with the prosecutor prosecuting the case, or said something that was kept in writing (or recorded), ask for copies and review them. Over time, you may forget some details of the case, and this will help you refresh your memory.

Prepare your speech with your defense attorney. Many people think that a lawyer is prohibited from preparing a witness for questions that may be asked before the trial, but this is not true. Lawyers should have at least a rough idea of what their witnesses will say in court. In the US, defense attorneys can prepare you to testify using one of these methods:

Practice your speech. If you are a witness in a non-confidential case, try telling a friend or relative who is not representing either party or is not familiar with the case. If you are unsure whether confidentiality can be breached, consult with the attorney who is preparing you.

If your evidence seems confusing, contradictory, or unconvincing, go back to step 1. Review your list of key points or the chronology of events and evidence to which you have access. Find out which points sound most convincing - this way you can edit your points.
At the same time, be sure to talk about all the events and circumstances relevant to the case, based on information from the original source.

Don't memorize your readings. It is very important to feel confident when describing details in the testimony. You must be confident in what you say. But trying to memorize your testimony or talking points can make your speech sound “prepared” or rehearsed.

Part 2
Prepare for trial
1. Don't break your routine. For example, if you are used to eating breakfast, don't skip breakfast simply because you might get nervous. You cannot bring food into the courtroom. You may not be called to testify immediately after you arrive, so be prepared to wait.
  - It is also best to avoid excessive consumption of alcohol, drugs, or caffeine before you go to testify. Even regular cough syrup or allergy medications can make you unfocused or disoriented. Caffeine can make you nervous. The jury will be alerted to these signs and it may influence their opinion of your testimony.
2. Dress decently. Whether you like it or not, jurors will form their opinion of you based on your appearance. And this opinion will affect their confidence in your testimony. If possible, check your local court's website; There are often posts with images of recommended clothing styles.
  
  Contact the court clerk before going to court. It will be better if you know the office hours in advance before you go to court. Sometimes the hearing may be rescheduled, terminated, or a decision may be made before you testify. Call ahead to ensure you'll be in the right place at the right time.
  - Call the prosecutor's office if you are a witness in a criminal case.
  - Call the court clerk's office if you are a witness in a civil case.
3. Be on time. You will be told when and where the court hearing will take place. You may receive a subpoena containing a court order requiring you to appear in court to testify. You may be charged with failure to comply with court orders if you are late or fail to appear.
  - Leave home early to be on time for court. Don't forget that you may be delayed. There may be problems with parking or public transport will arrive later than usual. Make sure you have enough time to get to court and then they will tell you where to go.
4. Do not discuss the case with anyone in the courthouse. The jurors who will hear your testimony may stand with you in public areas of the courthouse while you wait to be called to testify. You do not have the right to discuss the case with the judge or jury outside of the hearing, so do not discuss the pending case or your testimony with no one outside the courtroom.
Part 3
Give evidence in court
1. Be careful. Listen carefully when you are asked questions. Do not be distructed. If you appear bored or not listening, your testimony may not be believed.
  - Stand with correct posture at the witness stand. Sit up straight. Don't cross your arms or slouch.
2. Wait for the question to finish. Be sure to wait until the end of the question before answering. This is not a game show where you need to press a button faster.
  
  Answer openly. Answer only the question asked. Don't talk about things you weren't asked about. Avoid assumptions. If you don't know the answer to a question, say so.
  
  Answer clearly and clearly. Many courtrooms have a microphone that records your testimony. He doesn't stand there to amplify his voice. Speak loudly enough so that even the juror sitting in the back row can hear your answer.
  
  Tell the truth. No matter how it sounds or what you think about whether it will interfere with your side's defense, tell the truth. The opposing party's representative will easily expose you, and this can undermine your credibility and put a stain on everything you have said.
  - Don't express yourself opinion regarding the participants in the process or the accused. State only the facts, otherwise it will undermine your credibility and make it appear that you are advocating for a particular side of the case.
  - If you are asked what you think about the accused, simply say that you are a witness in his case, and your task is to tell what you saw and heard. Try not to judge anyone, including the accused.
Part 4
Conducting cross-examination
1. Convince everyone that you are telling the truth. Cross-examination can be very nerve-wracking. Opposing counsel will try to undermine your testimony or provoke you into saying things that will help him or her win the case. Keep your finger on the pulse.
  
  Resist the temptation to provide details with closed-ended questions that only require a “yes or no.” The opposing attorney will ask you closed-ended questions that should be answered briefly. Answer “yes” or “no”. Don't go into detail. If you make excuses when answering a question that requires only a yes or no answer, you will come across as someone who is evasive.

If summoned to court as a witness. How do you receive a subpoena in a civil or criminal case? What consequences might my failure to appear in court as a witness have for me?