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Криминалистика. Допрос свидетеля и потерпевшего (самое важное)

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53. INTERROGATION OF THE WITNESS AND THE INJURED

The interrogation begins with the announcement to the victim of his responsibility for giving false testimony and slander. Then an opportunity is given in the form of a free story to state by whom, when and what actions were committed against him. Further, the investigator, by asking questions, clarifies the testimony, paying special attention to obtaining information, taking into account which further investigative actions will be carried out, and possibly operational-search measures. The victim can express his judgments about the identity of the criminals, the motives and goals of their actions. This information is taken into account when putting forward investigative versions.

An important circumstance that can affect the volume and reliability of information obtained during the interrogation of the victim is his emotional state associated with the committed assault. A person may be too excited or depressed, and therefore, if it is not possible to relieve tension, it is advisable to postpone the interrogation, limiting itself to obtaining the most necessary data. But keep in mind that delaying interrogation can sometimes lead to negative consequences.

The victim is sometimes cajoled or threatened by perpetrators or persons associated with them. This can make it very difficult to obtain truthful testimony from him.

Any person who knows any circumstances to be established in the case is interrogated as a witness. They are criminally liable for evading testimonies and reporting deliberately false information, therefore, at the beginning of the interrogation, they are explained the provisions of the law and the obligation to tell the truth.

The credibility of witness testimony is influenced by a number of factors, such as personal relationships with the suspect (accused), the presence of circumstances that in one way or another compromise the witnesses themselves. The investigator must find out the nature of the relationship between the witness and the accused, his possible involvement in the actions of the latter, and take measures to prevent and expose perjury.

The formation of testimony is also influenced by objective factors that make it difficult to perceive facts and events (these can be adverse weather conditions, insufficient lighting at the scene, limited time for perception, etc.). The investigator, in order to receive and evaluate the testimony in a qualified manner, must find out under what conditions they were formed, whether the witness has physical defects that interfere with the correct perception and reproduction of events. The revealed circumstances should be taken into account when determining the tactics of interrogation.

When interrogating minors (especially minors) witnesses, the age characteristics of their psyche must be taken into account. For example, they are characterized by increased suggestibility, and sometimes a tendency to fantasize. When posing a leading question, the interrogated person often perceives the answer prompted to him, thinks up some details of the event, and after that it can be difficult to distinguish reality from fiction.

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

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