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Forensics. Interrogation of the suspect and accused (the most important)

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52. INTERROGATION OF A SUSPECT AND ACCUSED

The interrogation of a suspect is characterized by special psychological moments:

1) the suspect has a pronounced defensive dominant, an attitude to conceal objective information;

2) he treats the investigator with prejudice and wariness;

3) for subsequent orientation, the suspect seeks to obtain information about the degree of awareness of the investigator;

4) he is in a state of excitement and confusion. The suspect, detained in hot pursuit, is psychologically unprepared for interrogation.

Giving evidence to suspects and accused - this is their right, not an obligation, since by their testimony they defend themselves against the suspicion or accusation that has arisen. They are also not responsible for giving false evidence.

If the suspect confessed to the crime and gave truthful testimony, he should be interrogated in the most detailed way so that these statements can be cross-checked and confirmed with other evidence.

Tactics (combinations) of interrogation of the accused are as follows. An accused person is a person in respect of whom, in accordance with the procedure established by law, a decision has been made to bring him or her as an accused of committing a crime.

Having presented charges, the investigator is obliged to immediately interrogate the accused. If defense counsel participates in the case from the moment the charge is brought, he/she has the right to be present during the interrogation and, with the permission of the investigator, to ask questions to the accused. The investigator may reject the question of the defense counsel, but at the same time he is obliged to enter the assigned question in the protocol of interrogation.

Depending on the attitude towards the charges brought and the objectivity of the testimony, there are five main typical investigative situations:

1) the accused fully pleads guilty, frankly and objectively telling about the deed, which corresponds to the materials collected in the case;

2) the accused fully pleads guilty, but his testimony contains information that contradicts the materials of the case;

3) the accused partially pleads guilty, and his testimony also contains information that contradicts the collected materials;

4) the accused does not plead guilty, explaining the reason for this;

5) the accused does not plead guilty and refuses to testify.

The defendant, who admits his guilt, is asked the following questions on the merits of the case:

1) why he committed the crime, whether he repents of his deed, what he would like and can do to mitigate his fate;

2) where, when, what, as a result of which he had the intent to commit a crime, what he personally or other persons did in preparation for committing a crime;

3) when, at what time, in what way, from where he arrived at the scene of the future crime;

4) what relations previously connected him with this place, the subject of the encroachment;

5) what are the circumstances and consequences of the crime;

6) how and where he left the scene, what he did in the future until the moment he was held accountable for his deeds.

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

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