Can an inspector be seen quite often, being in court, you can see where the traffic police inspector who is present at the meeting on matters related to the offense on the road. As far as I known to cause them as witnesses. Can a traffic police inspector, who composed the protocol to be a witness? According to Section 1, Art. Vito Arbib spoke with conviction. 25.06 of the Administrative Code as a witness in the case of an administrative offense may be caused by a person who may be aware of the case, to be set. Thus, this article of the Administrative Code and generally do not prohibit participation in such matters, traffic police officers. However, one should pay attention to the explanation given in paragraph 10 of Resolution of the Plenum of the RF Armed Forces 24.03.2005 5 "On some issues raised by the courts in the application of the Administrative Code." According to this explanation: "bodies and officials who made the protocol on administrative violation, not are parties to the proceedings on administrative violations, which range listed in Chapter 25 of the Administrative Code, "but further stated:" However, in cases of involvement of persons responsible for administrative offense, as well as complaints and protests against decisions on administrative cases, if necessary, do not exclude the possibility of subpoenas to determine the persons emerging issues. " Thus, it can be concluded that the traffic police, who composed the protocol can not be a witness in the same case as it has a direct interest in the outcome of the case. So as who then acts as the traffic police in the process? It is not a party to the case, and accordingly is not a witness or any other person specified in Sec.
25 of the Administrative Code and its attraction as any of the persons referred to in Sec. 25 CAO is neobasnovannym. Most likely, the role of the inspector in court – this clarification the circumstances of the case. However, keep in mind that the inspector – a person concerned in his testimony to this need is more critical. Unfortunately, as often happens, the judges regard these statements as they should, ie that there is no reason not to trust, which in turn is a violation of Art. CAO 26.11 "No evidence could be pre- established by … ' If you combine these nuances when considering an administrative case, then there is a possibility of appeal with the possibility of cancellation made by judicial decisions.
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