PROHIBITION OF INTERROGATION OF A CLERGYMAN AS A WITNESS IN CRIMINAL PROCEEDINGS

Abstract

The article deals with the prohibition of interrogating a clergyman as a witness in criminal proceedings and releasing him from his duty of professional secrecy. Since, according to church norms, clergy are forbidden to divulge the secret of confession, it is proposed to change the wording of part 3 of Article 65 of the Criminal Procedure Code of Ukraine. It is reasonable to exclude from this provision the possibility of exempting clergy from the obligation to keep confidential the information obtained by them in the confession of believers. The introduction of the amendments proposed by the author and amendments to the current criminal procedural legislation of Ukraine will allow to regulate properly the issue of prohibition of interrogation of a clergyman as a witness in criminal proceedings. Key words: professional secrecy, clergyman, confession secret, confession of believers, interrogation of a witness, witness immunity.