For conducting criminal cases, investigations in the field of economic crimes, administrative offenses, etc. one important type of obtaining relevant and reliable information is applied. He is embodied in the types of interrogation. Their diversity, the rules of the conduct, we will present in the article.
Definition of a concept
All types of interrogation are investigative actions during which the authorized person receives and records, in the manner prescribed by law, the testimonies of various persons (victims, experts, suspects, accused, witnesses, etc.) that are relevant to the case being conducted. This is characteristic of the arbitration (civil), criminal, tax process.
Interrogation under the Code of Criminal Procedure of the Russian Federation is an action carried out at the stage of a preliminary investigation (inquiry or preliminary investigation), as well as during a judicial investigation. It will be concluded in the receipt and recording, in the manner established by the Russian Code of Criminal Procedure , of the citizen’s testimony regarding the circumstances that are relevant to the case under investigation.
Legislative regulation
In our country, the interrogation of the Code of Criminal Procedure is regulated. In particular, it is necessary to address to hl. 26 of this act. The following articles will be specific:
- Art. 173-174. About the interrogation of the accused.
- Art. 189. It contains the general rules for conducting an interrogation by an authorized person.
- Art. 205. How is the interrogation of an expert.
Goals and objectives of the event
The main goal is to obtain complete, relevant and reliable information necessary for an authorized person for proceedings, investigations and other case management.
The tasks of the event are graded into two types:
- General - the establishment of a common truth in the case.
- Private - clarification of the specifics regarding certain circumstances that are important for the outcome of the process.
Now consider the key varieties.
Types of Interrogation
Several classifications will be highlighted here, which we will disclose in detail.
Graduation of the person in relation to whom the event is being held - interrogation:
- the victim;
- witness
- a specialist;
- the suspect;
- an expert;
- the defendant;
- the accused.
It is important to note here that both victims and witnesses will be held criminally liable for giving false information in their testimonies. Specialists and experts are responsible for knowingly false testimony (in the context of this, the expert will be punished for expert opinion - knowingly false). Defendants and suspects are authorized to remain silent during interrogation. There is no penalty for false information.
Graduation according to the age characteristics of the interrogated:
- Interrogation of a minor (child under seven years old).
- Interrogation of an adult.
- Interrogation of a minor citizen.
Here are such features. The interrogation of a minor and a minor is always carried out in the presence of his parents or legal representatives of a teenager or child. Sometimes - with the participation of a psychologist or teacher. When conducting an event, the authorized person should not forget about the increased suggestibility of such interrogated persons, their tendency to fantasize, and the influence of interested subjects on their testimonies.
The gradation of interrogations according to the order of conduct:
- initial;
- additional;
- repeated.
Graduation by the number of persons involved:
- With the involvement of the following entities - an expert, prosecutor, specialist, teacher, manager of the investigation department, parents (trustees, guardians, etc.), translator, other legal representatives of a child or teenager under 18 years of age.
- Without participating in the interrogation of third parties.
Graduation in terms of volume:
Gradation according to the characteristics of the current investigative situation:
- conflicting;
- conflict free.
Graduation at the venue:
- in the office of the authorized person - investigator;
- in the courtroom;
- in a different location.
Graduation based on the personal position of the interrogated:
- persons who give truthful, relevant evidence;
- person providing false (knowingly false) information.
Types of event preparation
We have sorted out the types of question. There are also several ways to prepare for it - forensic, psychological and special. Consider them.
Forensic training:
- Examination of criminal case data.
- Determination of circumstances that need to be clarified during interrogation.
- A study of the identity of the citizen that will be questioned.
- Analysis of the relationship of the interrogated with other participants in the process, proceedings.
- Preparation of a series of evidence.
- Determining the interrogation queue, how to call the interrogated on them.
- Determining the place and time of the event.
- Preparation of both the venue and the scientific and technical means that will be involved.
- Creating the necessary interrogation environment.
- Planning an event - questions that need to be asked.
- Definition of the circle of persons that will be interrogated. The first in line are citizens disinterested in the outcome of the case.
- The choice of the way in which the citizen will be called to the event is a summons for interrogation, a phone call, etc.
Special training:
- Acquaintance with the literature on the topic.
- Consultation with certain specialists.
Psychological training:
- Definition of tone of voice.
- The sequence of questions.
- The order of presentation of evidence to the interrogated.
Confrontation
This is a special type of interrogation aimed at eliminating contradictions in the testimony. How is he going? Two citizens are alternately interrogated, the evidence of which contradicts each other. There are also rules. Interviewees can ask each other questions, refute or agree with the second participant said, provide additional information.
The accused and the suspect may refuse to testify in person in writing. But this does not cancel their participation in the event.
How are interrogations conducted?
All fundamental information contains art. 189 Russian Code of Criminal Procedure:
- Before the event, the investigator must take action at the request of Part 5 of Art. 164 Code of Criminal Procedure.
- The authorized person is obliged to find out in which language the interrogated person wishes to testify (if the latter has obvious difficulties with Russian).
- Leading questions are prohibited. The investigator is free to choose the remaining interrogation techniques.
- The interrogated may use records, documents.
- At the initiative of the investigator or the interrogated in the course of the case, photo, video, audio recording may be conducted. These records are kept in a criminal case and must be sealed when the preliminary investigation is completed.
- A witness’s lawyer may be present during interrogation - he uses his rights under part 2 of article 53 Code of Criminal Procedure. At the end of the interrogation, he makes a statement about the violation of the legal rights and interests of the witness.
So we examined the main types of interrogations. You are also aware of the main rules for their implementation.