Abstract

The article concerns the participation of a clergyman in a criminal trial in various procedural roles and the associated procedural rights with respect to observance of the ban on evidence referred to in Art. 178.2 of the Code of Criminal Proceedings. First, the author discusses the problem of certain duality of this regulation. The seal of the confessional is strictly religious in its nature. Having perceived the need to protect it the state legislator transferred that construction to criminal proceedings, though there was no complete "implementation" in this respect. The author delimits subjective and objective scope of the seal fo the confessionsl in criminal proceedings, and then considers the ban on evidence connected to the seal of the confessional from the viewpoint of the possible procedural roles of a clergyman in a criminal trial. Basing on literal interpretation of Art. 178.2 of the Code of Criminal Proceedings, the author points out that this regulation is applicable solely to a clergyman who appears as a witness, whereas there is a possibility of the same person being involved in the criminal proceedings in another role. The author tries to find an answer to the question whether in such case the ban on evidence relating to the seal of the confessional is also applicable.