Interviewing a witness with a mental disorder: criminal legal and criminal procedural aspects

The issues of participation of a witness in criminal proceedings are considered in the article, on the basis of the provisions of criminal, criminal procedure legislation and the analysis of legal literature. The current edition of the Code of Criminal Procedure of the Russian Federation does not allow assigning a forensic examination of a witness without their consent in cases where the mental or physical condition suggests the inability to adequately and correctly perceive and memorize the circumstances relevant to the criminal case, and later reproduce the perceived information during the interview. The authors take the view about the possibility of conducting forensic psychological or forensic psychiatric examination of persons who, due to physical or mental deficiencies, cannot correctly perceive the circumstances and testify about them. The conclusion is drawn that if a witness having mental illness is not a subject of crimes under Art. 307, 308 of the Criminal Code of the Russian Federation, and is not liable for refusal and giving knowingly false testimony, then it is not necessary to warn them about it.