51. CONCEPT, TYPES AND TASKS OF INTERROGATION. PREPARATION FOR INTERROGATION

Interrogation - investigative action, which consists in the fact that an authorized official receives and records, in the manner prescribed by law, the testimony of victims, witnesses, suspects, accused, experts about the facts known to them that are relevant to the criminal case.

Purpose of interrogation - Obtaining complete and truthful information about the circumstances relevant to the criminal case.

Interrogation tasks:

1) general - establishing the absolute truth in a criminal case;

2) private - the establishment of individual circumstances included in the subject of proof.

Interrogation types:

1) according to the procedural position of the interrogated:

a) interrogation of a witness;

b) interrogation of the victim;

c) interrogation of the suspect;

d) interrogation of the accused;

e) interrogation of the defendant;

f) interrogation of an expert;

2) according to the age of the person being interrogated:

a) interrogation of an adult;

b) interrogation of a minor;

c) interrogation of a minor;

3) according to the composition of participants:

a) without the participation of third parties;

b) with the participation of a defense lawyer, expert, specialist, prosecutor, head of the investigative department, teacher, parents, translator, legal representatives of a minor;

4) in order of interrogation of a person:

a) initial;

b) repeated;

5) by volume:

a) main;

b) additional;

6) at the place of interrogation:

a) in the investigator's office (in the courtroom);

b) in a different place;

7) by the nature of the investigative situation:

a) in a conflict situation;

b) in a non-conflict situation;

8) based on the personal position of the interrogated:

a) interrogation of a person giving truthful testimony;

b) interrogation of a person who knowingly gives false testimony.

Types of preparation for interrogation:

1) forensic:

a) careful study of the materials of the criminal case;

b) determination of the circumstances to be clarified;

c) study of the identity of the interrogated person;

d) studying the relationship of the interrogated person with other participants in the process;

e) preparation of evidence;

f) determining the sequence of interrogations and the method of calling the interrogated;

g) choice of place and time of interrogation;

h) preparation of the place of interrogation and scientific and technical means for recording testimony;

i) creating the necessary environment for interrogation;

j) drawing up an interrogation plan. In its simplest form, this is just a list of questions to ask;

k) determination of the circle of participants in the interrogation. Persons who are not interested in the outcome of the interrogation are interrogated first;

l) choosing the method of summoning a person for interrogation (by subpoena, telephone call or otherwise);

2) special:

a) familiarization with special literature;

b) conversations with specialists;

3) psychological - determining the tone and sequence of questions asked, the procedure for presenting material evidence and other materials.

Authors: Aleinikov A.G., Salova E.E.

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