Bystanders

BYSTANDERS, persons invited by investigative bodies to be present at investigative and search actions to verify the authenticity and correctness of the objective data established during those actions. Bystanders are invited by investigative bodies to be present during searches, seizures, inspections, autopsies, and examinations of persons. At least two bystanders are invited to investigative actions. Bystanders may be of either sex. During the examination of women, persons of the female sex are invited as bystanders. Bystanders cannot be persons participating in the case as parties, nor relatives of the parties (Art. 72 of the Criminal Procedure Code). When inviting bystanders, investigative bodies are obliged to explain to them for which case and with what specific purpose the given actions are undertaken; during the seizure of papers or other objects, the seized papers and objects are presented to the bystanders; during testimony and autopsies, it is necessary to indicate which bodies are being inspected or opened and what injuries or pathological changes have been discovered. By the meaning of the law, bystanders must take an active part in the investigation. Bystanders have the right to require the investigator to enter into the protocol their remarks regarding the circumstances accompanying the indicated actions or regarding the actions of certain persons (Art. 194 of the Criminal Procedure Code). Investigative bodies are obliged to fulfill this. Protocols are drawn up at the place of presence of the bystanders and are signed by them after the signatures of the physician and the person conducting the inquiry or investigation. Bystanders have the right to reimbursement of expenses incurred by them in connection with their appearance and to remuneration for the diversion of their time from their usual occupations. The amounts payable to bystanders are determined by special instructions of the People's Commissariat of Justice (Art. 75 of the Criminal Procedure Code). In case of refusal of bystanders to appear or to perform their duties, the same measures as against witnesses, experts, and interpreters may be applied to them (Art. 76 of the Criminal Procedure Code).