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29JURISPRUDENCE
ABOUT PSYCHOLOGICAL FEATURES CONDUCTING AN INTERROGATION
Pulatov Yu.,
Doctor of Law, Professor Military Technical Institute of the National Guard
Republic of Uzbekistan Khakberdiev A.
senior teacher of Tashkent State Law University
Abstract
The article discusses the features of interrogation in compliance with the norms of criminal procedure legislation, the content of the psychological preparation of the investigator for interrogation of a suspect, a witness, as well as the types of factors affecting the effectiveness of interrogation. It is concluded that during interrogation it is prohibited to use violence, physical and psychological, and deception, as well as a professional investigator to be an intellectual, a good psychologist, and have a high level of legal awareness.
Keywords: features, conduct, interrogation, tactics, legality, criminal procedure legislation, investigator, psychology.
One of the most important investigative actions, from which, according to Art. 2 of the Criminal Procedure Code of the Republic of Uzbekistan depends on the rapid and complete disclosure of crimes, the exposure of the perpetrators, is interrogation. From the standpoint of the criminal process of forensic science, interrogation is the receipt of information from the interrogated about the crime being investigated.
Interrogation in legal psychology is a communication between the investigator and the interrogated, during which the influence on the mental, emotional and volitional sphere of the latter is carried out, regulated within the framework of the law, using psychological methods, in order to obtain from him complete and correct information about the events and facts of interest to the investigation1.
From the point of view of psychology, thus, interrogation can be defined as a process of communication and influence on the interrogated.
The psychological patterns of human communication during interrogation have their own specific features.
Interrogation is regulated by the norms of criminal procedure legislation, according to which the investigator is endowed with the function of managing communication.
A situation arises between the investigator and the interrogated forced communication, which affects the mental state of the interrogated.
The criminal procedure legislation established that the results of the interrogation between the investigator
1 Sirliev B.I. Psychology of law enforcement: A textbook. -T.: Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, 2010.
2 Pulatov Yu.S., Bababekov N.D. Questions and answers on the tactics of individual investigative actions: Handbook. - T .: MIA of the Republic of Uzbekistan, 2016. - P. 25-26.
3 Ibratova F., Khabibullaev D. LEGAL ISSUES OF SIGNS
OF BANKRUPTCY AND THE REALIZATION OF THE
and the interrogated must be certified in the interrogation protocol2.
Interrogation presupposes inequality in the exchange of information from the outset. On the part of the investigator, it is always extremely limited. A clear regulation of the interrogation, its volume, quantity, quality, sequence of transmission of information by the investigator is an indispensable condition for its effective conduct.
The conduct of this investigative action differs from other investigative actions in a number of important psychological features. Moreover, there are both positive and negative aspects3.
On the positive side, these features are manifested in the following:
- interrogation is easier to carry out than other investigative actions;
- the effectiveness of its implementation largely depends on the professional skill of the investigator;
- it can be carried out again, if something is missed, it can be postponed.
Negative features are manifested in the following:
- the presence of psychological barriers in communication4;
- the dependence of the results of the interrogation on the reliability of the testimony of witnesses and victims;
- technical difficulties in conducting an interrogation.
Like any other investigative action, interrogation has its own psychological content:
RIGHTS OF WORKERS IN CASES OF BANKRUPTCY OF EMPLOYERS UNDER THE LAWS OF THE REPUBLIC OF UZBEKISTAN //Znanstvena Misel. - 2019. - №. 11-2. - C. 55-61.
4 Ibratova F. B. et al. Legal Issues of Observation-Bankruptcy Procedures Applicable by the Economic Court of Uzbekistan //J. Advanced Res. L. & Econ. - 2019. - T. 10. - C. 187.
- study of the psychological characteristics of the person being interrogated: his motives, interests, characteristics of temperament and character, etc.;
- change in the mental state of the person being interrogated: affective, frustrating, etc.;
- establishing psychological contact with the person being interrogated and developing a trusting relationship with him5;
- providing lawful psychological influence on the person being interrogated;
- the use of tactical and psychological techniques to obtain information on the case under investigation.
Interrogation is an independent and complex type of activity, consisting of a set of individual actions, which in the psychological literature is represented by certain stages6.
Psychological readiness is a prerequisite for the effectiveness of any human activity. Willingness is the selective activity of an individual aimed at obtaining the result of the chosen activity.
How to determine the level of psychological preparation of an investigator for interrogation based on his actions?
If the interrogation is conducted uncertainly, without a specific system, inconsistently, then this is evidence that the investigator is not prepared for it.7.
What is the content of the psychological preparation of the investigator for the interrogation of the suspect, witness, etc.?
Psychological preparation involves [4]:
- awareness of the need to obtain information from the person being interrogated;
- determination of the purpose of the interrogation;
- foreseeing the conditions in which the interrogation will take place, using one's past experience in such situations;
- determining the most appropriate tactical techniques and developing a mental plan for the interrogation 8.
The investigator must know where to start the interrogation, what questions to ask, what psychological techniques to use to influence the interrogated. The investigator adjusts to a certain behavior during interrogation, takes into account the opposition from the interrogated. Outwardly, psychological readiness for interrogation is manifested in confident movements, persuasive speech, etc., which, of course, the interrogated also feels. In addition, a number of factors affect the effectiveness of interrogation.
Factors affecting the effectiveness of interrogation:
5 Ibratova F. B. et al. Special features of modem legal systems: cases and collisions. - 2017.
6 Criminal Procedure Code of the Republic of Uzbekistan. -T .: "Adolat", 2018.
7 Барышова М. В. и др. Социальное предпринимательство: научные исследования и практика. - 2019.
8 Пулатов Ю.С., Бабабеков Н.Д. Тактика производства отдельных следственных действий в вопросах и ответах: Пособие. - Т.: ТВВТУ МВД Республики Узбекистан, 2016. - С. 111-112.
9 Isroilov D. On the question of the tactical significance of
preparing an investigator for interrogation // Tactics and
- choice of time and place of interrogation;
- exposure to extraneous stimuli;
- the situation in the investigator's office;
- the use of tape recording;
- the behavior of the investigator during interrogation.
When conducting an interrogation, it is necessary to take into account the psychology of its participants, depending on the category of persons to be interrogated. The investigator announces who the person will be interrogated, his procedural rights and offers to testify on the merits. The interrogated gives testimony in free form. The investigator analyzes this information and, depending on their assessment, selects methods of psychological influence, with the help of which the suspect is not only assisted in restoring individual facts and events, but also internal hesitations are overcome when deciding to give truthful testimony.
Необходимым условием успешного проведения допроса является установление психологического контакта с допрашиваемым. Необходимость установления такого контакта обусловлена следующими обстоятельствами.
A prerequisite for successful interrogation is the establishment of psychological contact with the interrogated. The need to establish such contact is due to the following circumstances.
The simplest interrogation situation is conflict-free. This situation is characterized by an actively benevolent position of the interrogated in relation to the investigation and a sincere desire to help the investigator to know the truth in the case9.
Difficulties in this situation may arise as follows:
- errors of perception - once distorted mental images of once perceived events and facts that have arisen under the influence of some objective and subjective reasons (external hindrances and shortcomings of the psychophysiological state at the time of perception10;
- errors of reproduction - inaccurate ideas about the essence or qualities of an object that have developed in the mind of a person. In this case, the object or its individual property is perceived correctly, but its assessment is at odds with the generally accepted one;
- forgetting - forgetting, freeing a person's RAM from unnecessary information11;
- conscientious failure to communicate all information to the investigation.
Unfortunately, it is extremely difficult, almost impossible to eliminate errors of perception.
The technique of clarity is used to correct reproduction errors. Sometimes it is difficult to correctly name the color of an object, describe its shape, identify
methods of interrogation in court: the experience of Uzbekistan and Germany. Collection of articles / Responsible editor А. G'afurov. T .: Adolat, 2013. - p. 115-120.
10 Ibratova F. Problems of a settlement in bankruptcy cases in economic courts //Norwegian Journal of Development of the International Science. - 2019. - №. 28-3.
11 Ибратова Ф. Б. Гражданско-правовые проблемы признания банкротами индивидуальных предпринимателей в Республике Узбекистан //Вопросы современной юриспруденции. - 2015. - №. 5-6 (47).
the object itself[6]. To help the interrogated, the interior of the investigator's office, the landscape outside the window, (search for similar forms), various catalogs (colors - in all senses, items of clothing, tools) can be used.
To overcome obstacles of the third kind, such a feature of the human psyche as associative thinking is used. The adjacency technique allows you to recall the circumstances of interest to the consequence by referring to events, facts or phenomena that are in a spatial or temporal (simple association) connection. It is possible to present any object related to the crime. In the process of recognizing the object, the interrogated recalls many circumstances associated with it. An example of complex (semantic, sensory) associations can be mnemonics - a method of memorization, which consists in creating images with a pre-developed code that encodes words, events, dates. Often those interrogated find it difficult to remember the nickname, surname, to describe the appearance of a certain person. For this, the investigator must have at hand special reference books and albums.
Also, to overcome forgetfulness, the contrast technique is used. It is suitable in cases where the interrogated initially answers the question "forgot", "I don't remember". Then it is proposed to compare, according to some parameters, the objects or persons in question (if there were several objects of perception).
Departure for interrogation at the scene is possible. In this case, a number of simple and complex associations are aroused in the person being interrogated, which greatly facilitates recall.
There are cases when the interrogated, due to absent-mindedness, his own considerations about the value of the material presented, does not report some circumstances that are important for the investigation. In this regard, it is necessary to explain to him that any details may be useful and necessary, ask him to tell everything that he can remember, in chronological order from some earlier date than the crime (when I first thought about the possibility of committing this act), or try to change the sequence of events, making the readings as detailed as possible.
It also happens that a conscientious interrogator cannot remember anything due to excessive internal stress. Mental stress is usually indicated by visible enslavement, stiffness in speech, movements, reactions, or, conversely, increased motor skills, absent-mindedness and other behavioral anomalies. To eliminate the indicated interference, the investigator must reassure the interrogated - encourage him, express gratitude for his cooperation. Many defendants do not understand the importance of actively helping the investigation. In this situation, the investigator should explain to the accused, preferably using examples, the existence of such a mitigating circumstance.
However, one should not forget about the "pitfalls" of such active cooperation of the accused. It is
12 Salimova I. M. The Concept Of Relevance In Civil And Economic Procedural Law And Its Relationship With Other Legal Categories //Journal of Contemporary Issues in Business and Government. - 2021. - T. 27. - №. 1. - C. 362-
369.
important to find out the motives for helping the investigation, because among them there may be a desire to avoid responsibility for another, unrelated crime.
In case of conflict behavior of the offender, it is very important to find out the reasons why he does not want to make contact12. Among the most typical motives are the fear of criminal liability, the belief that the investigation will not collect the necessary evidence. Sometimes, among the motives, there is a desire to shield accomplices (this is especially typical for minors and members of criminal associations). The most versatile and general interrogation technique is called "exposing a lie" and is used in combination with other techniques or (less often) separately. Its essence lies in the use of internal and external contradictions in the testimony of the person under investigation to overcome his negative position in relation to the investigation.
The use of the positive qualities of the interrogated is also closely related. Skillfully comparing the positive qualities of the accused, who understands the immorality of the act he has committed and still gives false testimony, with his high authority, great merits in the past or present, the investigator can convince the accused to tell the truth, increasing his sense of guilt.
When interrogating persons who actively resist in establishing the truth in the case and have certain knowledge in the criminal law sphere, it is not uncommon for these persons to discredit the evidence at the disposal of the investigation. In this case, the investigator, before presenting such evidence, must in a veiled form find out and record the person's attitude to the source of information. This technique is called "distraction."
There is also a trick of "inertia". Its essence lies in creating such a situation in which the interrogated, unwillingly, says too much. Creating the conditions for the application of this technique, the investigator conducts a conversation with the person on some abstract topic. At the moment when the conversation has been going on for quite a long time and the investigator sees that the interrogated has relaxed and does not expect a catch, it is important not to change the tempo, tone, volume, emotional coloring of the voice to ask the question that interests the investigation. It is very likely that the accused will give a truthful answer by inertia. When he realizes, two options are possible: either the person refuses to sign the protocol and the reception can be considered unsuccessful, or the accused realizes the further uselessness of the denials and voluntarily goes to the aid of the investigation.
Evidence, based on tactical considerations, can be presented in one or during a series of interrogations.
In relation to the presentation of evidence, the terms "strength of evidence", "strong evidence"13. The term "strong, compelling evidence" should be understood as "evidence that stands out with a special emotional coloring, as well as that evidence that, for various
13 Эсанова З. Н. УЧАСТНИКИ ИСПОЛНИТЕЛЬНОГО ПРОИЗВОДСТВА: ТЕОРИЯ И АНАЛИТИКА //ПОТЕНЦИАЛ СОВРЕМЕННОЙ НАУКИ. - 2020. - С. 447-453.
reasons, the interrogated person perceives as decisive in exposing him".
When none of the evidence available in the case can separately prove the fact that the investigator needs and thereby influence the accused without supporting other evidence, they should be used in aggregate14.
Some tactical techniques raise doubts about their admissibility, stand on the verge of permitted and prohibited 15.
The use of violence, physical and mental, and deception is definitely prohibited during interrogation. Also, it is not allowed to excite base feelings in the interrogated.
From the above, it should be concluded that a professional investigator should:
- to be an intellectual;
- a good psychologist;
- have a high level of legal awareness.
СПИСОК ЛИТЕРАТУРЫ:
1. Sirliev B.I. Psychology of law enforcement: A textbook. - T.: Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, 2010.
2. Pulatov Yu.S., Bababekov N.D. Questions and answers on the tactics of individual investigative actions: Handbook. - T .: MIA of the Republic of Uzbekistan, 2016. - P. 25-26.
3. Ibratova F., Khabibullaev D. LEGAL ISSUES OF SIGNS OF BANKRUPTCY AND THE REALIZATION OF THE RIGHTS OF WORKERS IN CASES OF BANKRUPTCY OF EMPLOYERS UNDER THE LAWS OF THE REPUBLIC OF UZBEKISTAN //Znanstvena Misel. - 2019. - №. 112. - С. 55-61.
4. Ibratova F. B. et al. Legal Issues of Observation-Bankruptcy Procedures Applicable by the Economic Court of Uzbekistan //J. Advanced Res. L. & Econ. - 2019. - Т. 10. - С. 187.
5. Ibratova F. B. et al. Special features of modern legal systems: cases and collisions. - 2017.
6. Criminal Procedure Code of the Republic of Uzbekistan. - T .: «Adolat», 2018.
7. Барышова М. В. и др. Социальное предпринимательство: научные исследования и практика. - 2019.
8. Пулатов Ю.С., Бабабеков Н.Д. Тактика производства отдельных следственных действий в вопросах и ответах: Пособие. - Т.: ТВВТУ МВД Республики Узбекистан, 2016. - С. 111-112.
9. Isroilov D. On the question of the tactical significance of preparing an investigator for interrogation // Tactics and methods of interrogation in court: the experience of Uzbekistan and Germany. Collection of articles / Responsible editor А. G'afurov. T .: Adolat, 2013. - p. 115-120.
10. Ibratova F. Problems of a settlement in bankruptcy cases in economic courts //Norwegian Journal of Development of the International Science. -2019. - №. 28-3.
11. Ибратова Ф. Б. Гражданско-правовые проблемы признания банкротами индивидуальных предпринимателей в Республике Узбекистан //Вопросы современной юриспруденции. - 2015. -№. 5-6 (47).
12. Salimova I. M. The Concept Of Relevance In Civil And Economic Procedural Law And Its Relationship With Other Legal Categories //Journal of Contemporary Issues in Business and Government. -2021. - Т. 27. - №. 1. - С. 362-369.
13. Эсанова З. Н. УЧАСТНИКИ ИСПОЛНИТЕЛЬНОГО ПРОИЗВОДСТВА: ТЕОРИЯ И АНАЛИТИКА //ПОТЕНЦИАЛ СОВРЕМЕННОЙ НАУКИ. - 2020. - С. 447-453.
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16. Эсанова З. УЧАСТНИКИ ИСПОЛНИТЕЛЬНОГО ПРОИЗВОДСТВА: ТЕОРЕТИЧЕСКИЕ ПРАВИЛА И АНАЛИТИЧЕСКИЕ РЕЗУЛЬТАТЫ //Review of law sciences. - 2020. - №. 3.
14 Хайрулина А. Б. МЕЖДУНАРОДНО-ПРАВОВЫЕ АСПЕКТЫ ЗАЩИТЫ ПРАВ ЖЕНЩИН В СИСТЕМЕ
ООН //«Хукукий тадкикотлар» электрон журнали. -2019. - №. SPECIAL IS.
15 Эсанова З. УЧАСТНИКИ ИСПОЛНИТЕЛЬНОГО ПРОИЗВОДСТВА: ТЕОРЕТИЧЕСКИЕ ПРАВИЛА И АНАЛИТИЧЕСКИЕ РЕЗУЛЬТАТЫ //Review of law sciences. - 2020. - №. 3.
