Investigators should use different measures and methods to get as much reliable and relevant information about a particular case as possible. Quite often, an on-site test is used. As an investigative action, this procedure is considered to be an effective and frequently used way of clarifying the evidence obtained as a result of testifying by witnesses, suspects or victims. The procedure is being implemented by an investigator appointed to be responsible for the investigation of a specific case.
Process features
On-site verification of evidence as an investigative action is considered an effective method of obtaining information. It can be used in the investigation of criminal or even administrative offenses and crimes. The rules for its implementation are indicated in Art. 194 UKP. Such verification is a definite stage in the framework of the investigative experiment.
Any investigator must understand the concept and types of investigative actions by which he can obtain relevant and necessary information about a crime or offense. This measure is used to achieve several goals at once:
- a person accused of any illegal actions will be able to demonstrate that his testimony is true;
- a place is determined that is in a certain way connected with a crime or an offense;
- the identified place is analyzed, which allows you to compare the available information with the actual situation.
The tactic of checking the testimony on the spot is chosen by the direct investigator, but it is important to get as much reliable information from this process as possible.
Implementation Rules
The basic information on how this verification is correctly implemented is contained in Art. 194 Code of Criminal Procedure. Investigators should not violate these rules, otherwise the results will not be accepted by the judge. The most important conditions for conducting an audit include:
- at the scene of the crime, the accused or the victim gives evidence;
- necessarily the process requires the involvement of witnesses, who must make sure that all objects are inspected on the basis of legislative requirements;
- quite often the actions performed by the accused are reproduced on the spot;
- all actions and words of the suspect are recorded in the protocol, and video is also being shot.
The data obtained as a result of the audit is used later in the process of conducting an investigation and making a decision by the court.
What information does the investigator get?
On-site verification of evidence as an investigative action is highly significant for each participant in the process. As a result, the investigator receives information from three sources:
- testimonies of the accused, which are checked and also compared with the information that was obtained earlier;
- explanations of other persons who were previously interrogated by the interrogating officer;
- the official independently receives new information after a careful study of the place where the crime or offense occurred directly.
With the help of the data obtained, the course of the case can even change, since the investigator can verify the guilt or innocence of the suspect. It is not allowed on the spot to verify the testimonies of several people at once.
How is the decision to implement verification made?
The process of checking evidence on site is carried out only after the appropriate decision by the investigator. There must be good reason for this to suggest that, indeed, after this procedure, current and new information about the crime will be received.
In order to obtain as much new information as possible, various persons represented by the accused, victims and witnesses are involved in this experiment. All of them are interrogated separately.
Implementation Rules
The tactics of checking evidence on the spot is selected by the direct investigator, depending on the characteristics of the crime. The following rules are taken into account:
- initially, the interrogator must make a special call, which is sent to the suspect, if he is not detained;
- no formal order is required to verify the testimony on the spot;
- the accused, other suspects, witnesses and the victim are interrogated on the spot;
- often during the process other persons come to light who wish to convey any important information to the investigator;
- all persons give evidence only individually, since only in this case it is guaranteed that they will not be able to use the new information obtained to mislead the investigators;
- the investigator should not ask any leading questions, therefore all questions are formed in such a way as to prevent an incorrect interpretation of the answers;
- the investigation team should follow the participant in the process, and not go ahead of him;
- in some situations, video shooting is required;
- it is previously important to attract witnesses;
- it is not allowed that during the implementation of the process the rights or interests of participants or third parties are violated.
Additionally, a test report on the spot is drawn up. A sample of this document can be studied below.
Purpose of implementation
Checking the testimony on the spot as an investigative action allows you to achieve two significant goals at once. These include:
- the investigator can verify that the information previously obtained is reliable;
- he receives new information relevant to the circumstances of the case under investigation.
Often, using this process, information is provided that is simply impossible to obtain in other ways.
How is the process carried out?
The on-site verification steps are considered simple and understandable for each experienced investigator. For this, standard tactics are used. The whole procedure is divided into the following steps:
- Initially, the investigator decides to conduct the process.
- A call is sent not only to the suspect, but also to other persons who were at the scene of the incident, so they can remember any significant points.
- The date of the inspection is assigned.
- On a predetermined day, representatives of the investigative committee, along with invited citizens, arrive at the place where the crime or offense was committed.
- A direct check is carried out, during which the participants in the process point to various objects or documents that were used in the commission of the criminal offense.
- The suspect shows how he committed a crime.
- If the assistance of other persons is required to perform various actions, then the specialist takes part in the investigative actions, for which extras or operatives are involved.
- In advance, the investigator should hire a specialist who will take up the video.
- Witnesses must be represented by persons not interested in the outcome of a particular case.
- For the delivery to the scene of all persons who are participants in the process, a separate transport is hired or vehicles belonging to the investigative committee are used.
The place of the crime to conduct the audit must remain intact. If it is located in a public place, then it is first required to enclose it from the intervention of unauthorized persons.
What actions are carried out by the investigator?
It is he who decides on the need for verification. Additionally, he performs the following actions:
- this procedure is fully organized;
- video specialists are hired;
- witnesses are selected;
- information is provided to all participants in the process on what the objectives of the audit are, what stages will be implemented, and what rights and obligations all participants have;
- witnesses and victims are warned that if they give false testimony, they will have to bear criminal responsibility, and the same applies to the refusal to testify.
It is the investigator who draws up the protocol, the main purpose of which is to record the results of the experiment.
Protocol Rules
Be sure to conduct a protocol during the verification process, and which includes the following information:
- date and place of the investigative experiment;
- information about all participants in the process, submitted by their F. I. O., passport data, dates of birth and gender;
- basic data on the crime investigated by the investigator are provided;
- all information obtained as a result of verification of indications is indicated;
- fake information or other inaccurate data that was obtained earlier is revealed;
- Signature of the investigator and all other participants in the process;
- video recording information is indicated;
- data on invited witnesses is provided.
The filling out of this documentation is carried out by the responsible investigator or another employee of the investigative committee. A sample on-site verification protocol can be studied above. This document is by all means attached to other documentation related to the investigation of a particular case. It is additionally examined by the judge when making a decision.
Process consequences
By checking the evidence, which is implemented directly at the scene, several goals can be achieved at once. Thanks to this procedure, the investigator can make the following decisions:
- change of suspect;
- obtaining information about partners in a crime;
- identification of citizens who previously gave false testimony;
- removal of suspicion from a particular citizen;
- obtaining evidence of guilt of a particular person.
Since using this process you can get really relevant and important information, many investigators regularly resort to its use. But for the court to accept the results, it is important to correctly perform all the necessary steps, as well as correctly fill out the protocol. If any participant in the process refuses to sign this documentation, then the relevant information is reflected in the protocol.
Conclusion
Verification of evidence conducted directly at the scene of the crime is often used by investigators to obtain relevant information from the accused, witnesses or victims. Thanks to this process, all information obtained earlier about a specific crime is checked.
It is the investigator who must deal with the competent organization of the procedure. He attracts witnesses and a videographer for this. In addition, the responsible official is obliged to draw up correctly a protocol containing information about the results of the audit.