CC BY
38FORENSIC SCIENCE
UDC 343.985
Publication date: 24.06.2018
International Journal of Professional Science №1-2018
Brager D., Tronevskaya N. Interrogation definition
Brager Dmitry, Tronevskaya Nadezhda 1. PhD in Law, the associate professor The associate professor of the Department theory and history of state and law, The Sakhalin institute of a railway transport - branch of the Far Eastern Federal University of way
of traffic in Yuzhno-Sakhalinsk 2. Leading specialist expert, Department of architecture and town-planning activity
and land use of municipal unit "The Aniva city district"
Abstract: Interrogation is one of widespread investigative actions in the Russian court practice, repeatedly carried out within preliminary investigation on which, in the subsequent references in indictments and sentences of vessels are had. At the same time, the Code of penal procedure of the Russian Federation does not contain a legitimate concept of interrogation, however among scientists there is a set of opinions, concerning interrogation definition as investigative action. Therefore it is important to formulate an interrogation definition as investigative action.
Keywords: investigative action, interrogation, definition_
Рецензент: Татауров Андрей Алексеевич, к.ю.н., доцент кафедры уголовного права и процесса. Сахалинский государственный университет
Investigative actions are to the main components of investigation of crimes therefore their carrying out - the main way of collecting and verification of proofs on criminal case which is in details regulated by the law and is provided with a possibility of the state coercion.
Among the system of investigative actions interrogation takes the central position that is confirmed by scientific research of various temporary period. As practice shows there are no criminal cases on which interrogations as means of obtaining proofs were not used. It is established, during preliminary investigation authorized officers spend more than a quarter of working hours on production of interrogations and 4% of time - on carrying out other investigative actions [1, page 127].
Considering stated, interrogation - often used legal proceeding which is repeatedly carried out within preliminary investigation on which, in the subsequent references in indictments and in sentences are had.
Interrogation can is conducted on all circumstances of a subject of proof. However one of the main difficulties when carrying out such simple as it seems at first sight, investigative action is establishment of psychological contact with interrogated and also the correct understanding of oral speech (indications can be transferred in a written and oral form and also by means of gestures of deaf-mutes, images of schedules).
«complexity of interrogation the fact that interrogated can consciously and purposefully give untruthful evidences is the second or refuse their giving, but also there are cases when the participant of interrogation wishes to tell the investigator all circumstances known to it on business, but in view of conscientious delusion distorts the events which took place in fact. Therefore considering the specified circumstances, the investigator needs to define in due time installation of the person giving evidences for their further use» [2, page 599].
Today the Code of penal procedure of the Russian Federation [1] does not contain a legitimate concept of interrogation, however among scientists there is a set of opinions, concerning interrogation definition as investigative action.
In scientific literature most of authors understand as interrogation, investigative action which essence consists in receiving from the interrogated person of data on the facts entering a proof subject of business or in obtaining indications by the investigator on the circumstances important on business [4, page 101].
So A.K. Gavrilov and S.P. Fomichev characterize interrogation as «process of receiving by the investigator from the crime interrogated data on an event, the persons which made it, character and
the extent of damage, the reasons and conditions, both induced to crime, and promoting its commission and also about other circumstances important for business» [5, page 277].
Bezlepkin B.T. understands interrogation as «the oral dialogue regulated by the criminal procedure law between the person authorized for production of investigative actions and the witness, the victim, the suspect and the defendant, for obtaining data on the facts having evidentiary value» [6, page 256].
Pitertsev S.K. and Stepanov D.A. came to a conclusion that interrogation the difficult legal proceeding which is characterized by existence of a conflict situation [7, page 9].
V.G. Lukashevich opens interrogation: «as process of interaction in the investigator with interrogated, carried out in the form of communication, on the basis of the developed psychological contact during which by means of use of policy strokes the main goal - obtaining full and authentic indications is achieved» [8, page 23].
The specified concept represents interrogation by complex investigative action which combines sociological, psychological and criminalistic aspects and opens internal and external structure of this investigative action.
Really, interrogation acts as an object of research of such jurisprudence as law of criminal procedure, criminalistics, psychology. It is caused by existence of several stages of its organization - legal, tactical and psychological. Therefore each science studies the considered investigative action through the cut of knowledge of this process.
In the criminal procedure right interrogation - a procedural way of receiving and verification of proofs from participants of criminal trial, about the circumstances important for investigation of criminal case, the established Code of Criminal Procedure of the Russian Federation [9, page 9].
The concept of interrogation of criminalistics is more volume than the definition specified by criminal procedure. She considers interrogation from a position of the policy strokes used during its carrying out and also a technique of investigation of certain categories of crimes for obtaining evidentiary base [10, page 79].
The psychology analyzes interrogation as special communication of the public official with interrogated and also investigates psychological processes, regularities of human mentality caused by production of this investigative action [11, page 10].
On the basis of stated, taking into account the considered concepts we suggest to understand as interrogation the investigative action regulated by the Code of Criminal Procedure of the Russian Federation, representing special communication of the authorized officer with interrogated during which the investigator, the investigator, using the policy strokes and methods of psychological influence conforming to requirements of the current legislation receives and reflects in protocols necessary data in an oral form of the circumstances which are subject to establishment on business.
According to precepts of law of the criminal procedure law, we will consider essential signs of interrogation.
1. Mental interaction of two persons. M.I. Enikeev specifies: «interrogation represents the investigative action based on psychological interaction between its participants which is caused by personal characteristics of each of them» [12, page 444].
A.V. Dulov and P.D. Nesterenko also consider that for disclosure of essence of interrogation it is necessary to consider a factor of the psychological relation of two parties as interrogation always means communication of the persons participating in its production [13, page 57-58].
2. A special way of the mediated knowledge. This results from the fact that crime as an event already took place also not to well direct perception by the investigator, investigator, that is by use of own sense organs. «Therefore the ideal traces reproducing crime events, in the form of images, feelings and conclusions in consciousness interrogated are subject to a research» [14, page 49-50]. V.A. Obraztsov notices that «the investigator can establish the maintenance of ideal traces of events of crime by application of the certain techniques and to rules of communication established between people» [15, page 269].
3. A language, speech, verbal form of interpersonal communication between interrogating and interrogated. Certainly, a part in the course of communication is played by the mimicry, gestures perceived at careful observation, they can reflect the relation of the person to interrogation process in general or to the asked questions. Also analyzing nonverbal reactions, it is possible to estimate a position interrogated, truthfulness of its indications, but you should not forget that this information has the focusing, tactical character and is not fixed in the protocol.
It should be noted that for comprehensive study of interrogation it is necessary to define its essence as investigative action.
So, according to A.N. Vasilyev and L.M. Karneeva, the essence of interrogation consists in «receiving by the investigator from interrogated information on crime, its circumstances, participants and on other vokprosa, relevant, with the indication of the received data in the protocol, according to norms of the Criminal Procedure Code of the Russian Federation» [16, page 5; 17, page 115].
Similarly S.P. Efimichev, N.I. Kulagin and A.E. Yampolsky define essence of interrogation. They write that «the essence of interrogation sostokit in receiving by the investigator from the crime interrogated data on an event, the persons which made it character and the extent of the damage caused by crime, the motives which induced criminal action and also the conditions promoting its commission» [18, page 5; 19, page 306].
Characteristic of the specified points of view is determination of essence of interrogation in obtaining data from the interrogated person, the rest belongs to certain circumstances of an event of crime which are also subject to establishment by production of any investigative action.
It is obvious that, the given concepts do not reveal features and the maintenance of all kinds of activity, carried out during interrogation. Besides, according to us, analyzing essence of interrogation [20, page 323; 21, 258; 22, page 198], first of all it is necessary to define as well as in what ways obtaining necessary data is possible. At the same time from the content of the considered definitions it is not possible to answer such questions that reduces practical value of the concepts of essence of interrogation given by authors.
Different view on at N.I. Porubov who considers that the essence of interrogation consists in receiving (claiming) from interrogated indications by means of the receptions developed on the basis of investigative and court practice, criminalistic tactics [23, page 22].
In this case, unlike the points of view analyzed earlier, the tactical orientation of interrogation, but what ways reach obtaining necessary information is expressed the considered definition does not contain.
Unlike other scientific researchers G.G. Dospulov characterizes essence of interrogation as «process of interaction of the investigator with interrogated, directed to obtaining information according to the purpose of a dokpros» [24, page 9].
Conclusion follows from this definition that essence of interrogation is interaction. However our way to opinion the concept «interaction» is abstract and has universal character therefore its existence when carrying out this investigative action is represented logical. Respectively data of essence of interrogation only to interaction of the investigator and interrogated are not possible.
Thus, having analysed the educational and scientific literature devoted to essence and value of interrogation it is possible to conclude the following: interrogation is a process of specific communication at which the investigator (investigator), using the policy strokes and methods of psychological influence conforming to requirements of the law obtains and fixes in the protocol information obtained in an oral form from interrogated about the circumstances relating to a proof subject of criminal case.
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