The correct conduct of certain actions is very important for the disclosure of a perfect crime. The interrogation of the suspect at the stage of the preliminary investigation requires the official to be patient and patient, as well as to examine in detail all the evidence obtained. After all, they are further supported or refuted by other evidence in the case.
Interrogation of the alleged culprit
The person against whom the case of the committed atrocity has been filed should be summoned to a law enforcement agency as a suspect. If the alleged attacker was detained for two days, then conducting a procedural conversation with him should be carried out in the first 24 hours. Moreover, the detained person has the right to the assistance of a defense counsel, the appearance of which must be ensured by the investigator.
The protocol for the interrogation of the suspect is drawn up by a law enforcement officer in compliance with all procedural rules and regulations. The following are indicated in the document:
- Time and place of this investigative action.
- Details of the person being interrogated as a suspect. The place of his residence, permanent registration, work, study must be indicated.
- Information about education and marital status.
- The presence or absence of a criminal record.
After reading the protocol, he is signed by the suspect and his counsel. Then the document is certified by the investigator. If a person suspected of having committed a crime is at large, then for interrogation he shall be called by summons or by telephone, as well as by other means of communication. In case of failure to appear, such a person is subject to drive. The protocol of interrogation of the suspect is a procedural document. It has legal force. It is necessary for a detailed investigation of the case and its subsequent transfer to the court.
Conversation Time
When carrying out a procedural questioning of a person suspected of a committed act, accurate observance of time is necessary. At the same time, the interrogation period cannot last more than four hours without a break for rest and lunch. The maximum time for a procedural conversation with a suspect is 8 hours a day. In case of ill-health of the alleged attacker, the period of his interrogation is established on the basis of the conclusion of a medical specialist.
Formal conversation with the accused
An official conversation between an investigator and a suspect is possible only after being charged with a crime. Up to this point, it is not considered that the person committed an offense. The interrogation of the accused is carried out in accordance with the Code of Criminal Procedure. It is necessary so that the suspect can justify himself. He must object to the charges against him, bring his arguments to justify, and also use the assistance of his defense counsel to prove his complete innocence.
Before conducting the survey, the investigator inquires from the accused: whether he wants to give evidence in fact or refuse them. After that, a law enforcement officer makes a record of this in the minutes. The interrogation of the accused, in the event of his refusal to testify for the first time, may be carried out again. But this is possible only when the accused himself asks for it.
Victim call
The person recognized as the victim in the case is called for an official conversation with the investigator on the agenda. It is handed to him personally under signature. If at the time of delivery of the summons, the victim was not at home, then it must be received by one of the adult family members. Or it can be transferred to the victim through administrative staff at the place of his work. If the victim cannot appear at the call of the investigator, then he must warn him about this. Otherwise, the victim may be subjected to compulsory escort to law enforcement agencies.
Interrogation of the victim is carried out on the basis of the code of criminal procedure. It also can not last more than four hours without a break for rest and eating. The longest time for an official conversation with the victim is 8 hours a day. If a person in the case or due to his health condition cannot be interrogated for a specified time, then, based on the conclusion of a medical specialist, a different hour period is stipulated for him. The interrogation of the victim is first of all necessary in order to compile in detail the whole picture of the crime that has occurred and to bring the perpetrator to justice using other testimonies.
Procedural conversation with a minor
In this case, when conducting such an investigative action as interrogating a person under the age of 18 who is suspected of having committed a crime, the participation of a teacher or psychologist is necessary. A specialist must be present, especially if the child has certain mental disorders. Otherwise, participation in an official survey of these persons may be permissible only with the permission of the investigator. The interrogation of a minor suspect without a break cannot last more than 2 hours a day. The maximum time for an official conversation is 4 hours.
Adults, namely a teacher and a psychologist who participate in a procedural conversation between an investigator and a minor suspect, have the right to ask the latter questions only with the consent of a law enforcement officer. The interrogation of a minor suspect is carried out with the participation of a defense counsel. He asks his client questions during the process of conversation, after which he gets acquainted with the protocol and makes his comments, if any.
Correct Interrogation
Before conducting the interrogation, the investigator will have to carefully study the available case materials, and then solve the issue by summoning those persons who can give his testimony of interest in the crime committed. An official conversation with a suspect who is at large is best done in more comfortable conditions for him and, if possible, outside the walls of law enforcement agencies. This will greatly improve his emotional state. Accordingly, he will make contact with the investigator faster.
The same goes for calling witnesses in the case. They will not always tell the truth to the investigator, even under the threat of criminal punishment, if he does not psychologically attract them to him. A correctly selected interrogation tactic will greatly facilitate the investigator’s task of solving the crime. Therefore, it is necessary to conduct such a conversation in a calm tone, starting with the main and interesting, but not leading questions.
Sample Protocol Filling
When the investigator conducts a procedural conversation with the interrogated person, the protocol is mandatory filled out. It is a procedural and legally significant document in which all ongoing investigative actions are recorded. The protocol for interrogation of the suspect is compiled as follows:
Nile city 02.17.20
Beginning of interrogation: 12 hours. 02 minutes
End: 15 hours. 00 minutes
The investigator of the investigation department of the Nile city police department, police major Ivanov, in the office number 23 of the Nile police department, on the basis of Art. 46, 189 and 190 of the Code of Criminal Procedure, questioned as a suspect in a criminal case No. 1111111:
1. Name.
2. Date and place of birth.
3. Place of residence and registration.
4. Citizenship.
5. Place of work or study.
6. Information about education.
7. Marital status.
8. Military duty.
9. Criminal record (whether or not).
10. Passport details.
Suspect _____________ (signature)
Persons participating in the case (defender) and his warrant (number indicated)
Further, the suspect is explained his rights, after which a signature is put.
Suspect _____________ (signature)
The text of the interrogation itself with a description of all the circumstances of the case, which is signed by the suspect and defense counsel
Suspect _________ (signature)
Defender _________ (signature)
After this, the protocol is presented to the lawyer and his client for reading and making adjustments, if necessary.
Suspect __________ (signature)
Defender ____________ (signature)
This protocol is drawn up on the basis of the Code of Criminal Procedure
Police investigator major
Nile Department of Internal Affairs ______________ Ivanov
In the event that an audio or video recording was conducted during the procedural conversation, then a record is made of this in the protocol of interrogation of the suspect. He confirms her confirmation with his signature, and the lawyer also leaves his autograph. In the photo below you can see how such a document looks.
Protocol Design
The report is filled out and printed by the investigator personally. When carrying out procedural actions, an ATS officer uses a computer or other available equipment for speed. If you have difficulty printing, then the investigator may need additional time to prepare a protocol of interrogation. The form for manual filling is not available in all departments of law enforcement agencies. Therefore, sometimes small technical difficulties arise, which are solved very quickly.