Review

The role of the court and the parties to the judicial examination of the accused, witnesses and victims under the new Criminal Procedural Code of Ukraine 2012 The article defined the essence of the terms «direct» and «cross examination of witnesses and victims. It is noted that during the trial examination of witnesses have not used the free form of presentation is indicated, but the answers to the questions, and offer a free presentation about the presiding evidence applies only questioning the accused. Prosecutors and defense counsel in the trial of criminal proceedings to ensure performance of their judicial functions of prosecution and defense special attention should be paid to the observance of procedural order, the correct strategy and tactics of direct and cross-examination of witnesses and victims, as in the wider use of elements of competition under the new Code of Ukraine are more likely to receive from the person being questioned necessary information to verify the legal positions of the parties. It is noted that the court does not conduct questioning, but only monitors compliance with the rules of its implementation by the parties. The judge may, in protest parties take matters which do not concern the merits of the criminal proceedings and in case of ambiguity in the testimony of a witness, victim regarding the presence or absence of particular circumstances, to require the witness to a clear answer to the question – «yes» or «no», but ask your questions and the presiding judge can only after the witness put the question victim, civil plaintiff, civil defendant, their representatives and legal representatives or other evidence in the study. The problem of participation of the accused (defendant) in the «direct» and «cross the interrogation of witnesses and victims under the provisions of international conventions and European Court of Human Rights and is a conclusion that the defendant, as it relates to the defense shall have the right, even in the presence of counsel, to take part in the questioning of witnesses and victims. Keywords: the court party, witness, victim, direct examination, cross-examination REFERENCES

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