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Криминалистика. Тактические приемы очной ставки (самое важное)

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61. FIGHTING TACTICS

Confrontation - independent investigative action, which consists in alternate interrogation of persons previously interrogated for the same circumstances of the case in order to eliminate significant contradictions in their testimony. It is not recommended to interrogate more than two persons, since an unscrupulous interrogator will have time to additionally think over the answers to questions.

Face-to-face tasks:

1) general:

a) verification of available evidence;

b) obtaining new evidence;

c) establishing the truth on disputable circumstances;

2) specific:

a) overcoming the conscientious delusion of the interrogated person;

b) exposing the lies of one of the interrogated;

c) exposing a false alibi;

d) exposure of self-incrimination or slander by one person being interrogated by another;

e) exposure of staged crimes;

e clarification of the causes of the origin of significant contradictions;

g) study of the identity of the person being interrogated;

h) verification and evaluation of investigative leads.

Preparing for a confrontation:

1) study of the testimony of persons between whom it is proposed to conduct a confrontation;

2) revealing the essence of the contradictions in them and the reasons for their origin;

3) determining the sequence of confrontation;

4) choice of time and place for the confrontation;

5) study of the volitional qualities of each of the participants in the confrontation;

6) determination of the participants in the confrontation;

7) preparation of scientific and technical means for recording readings;

8) drawing up a written plan for conducting this investigative action.

Tactics for activating the memory of conscientiously deluded persons:

1) providing the participant of the confrontation with the initiative in the study of controversial issues;

2) consideration at a confrontation of controversial issues in the reverse order of the development of events;

3 confrontation at the scene;

4 presentation of evidence to revive the associative links of memory.

Tactical techniques aimed at exposing lies:

1) the use at a confrontation of the testimony of a suspect (accused) confessing to a crime;

2) presentation of evidence at a confrontation, when the interrogated stubbornly denies the established facts;

3) conducting a confrontation in combination with an interrogation (if during the interrogation there are disagreements with the testimony of previously interrogated persons, then the interrogation is interrupted for a confrontation);

4) the use of weak points in the psyche of an unscrupulous participant in a confrontation;

5) suppression of lies of one participant in the confrontation with emphasis on the truthful testimony of another;

6) use of the positive aspects of the personality of an unscrupulous participant;

7) masking the purpose of confrontation;

8) creating the impression that one participant fully confessed to the crime;

9) slow rate of confrontation (used when one of the interrogated too quickly and broadly answers questions, in this case clarifying questions are used to slow down);

10) an accelerated rate of confrontation;

11) conducting repeated face-to-face confrontations;

12) presentation for identification before the confrontation.

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

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