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11SEPARATE ISSUES OF PREPARING FOR AN ONE BET
Belov S.,
Master's student, Far Eastern State Transport University
Brager D.
PhD in Law, Associate Professor, Far Eastern State Transport University, Khabarovsk Sakhalin Institute of Railway Transport-branch of the Far Eastern State Transport University in Yuzhno-
Sakhalinsk orcid: 0000-0002-2974-4930
Abstract
The production of confrontation is aimed at obtaining new testimony and checking the existing testimony in order to eliminate the existing significant contradictions that were identified in the process of interrogating suspects, witnesses, accused or victims. The most optimal way to achieve the goal of eliminating contradictions in the testimony of the interrogated persons is properly organized preparation for a confrontation.
The complexity of this investigative action determines the relevance of studying the issues of preparation and production of confrontation. In the course of the research carried out within the framework of this article, the authors disclose the issues of organizing a confrontation on p, investigate the main preparations for conducting a confrontation.
Keywords: confrontation, preparation, investigative action, forensic tactics, confrontation tactics.
According to Article 192 of the Criminal Procedure Code of the Russian Federation, confrontation is an investigative action, which is carried out for the sole purpose of eliminating significant contradictions "in the testimony of previously interrogated persons" and consists in the simultaneous interrogation of individuals who have previously given their testimony, when "it is alternately proposed to testify on those circumstances" [1], which became known to them in situations related to the commission of a wrongful act. This circumstance means that the most important goal of the confrontation becomes and remains the elimination of the revealed significant contradictions recorded by the protocols of the interrogation of suspects, witnesses, accused or victims and obtained during the initial, repeated or additional interrogations.
As a number of researchers rightly note, "confrontation is one of the most difficult investigative actions, since it is associated with high emotional tension and a conflict situation. In order not to expose the results of an investigation in a specific criminal case to an unjustified risk, the investigator must adhere to certain rules and recommendations on the tactics of preparing and conducting a confrontation" [7, p. 22].
Failure to achieve goals during the initial confrontation often makes it unnecessary to conduct a second confrontation. Therefore, preparation for the confrontation should form the basis of the preliminary investigation (inquiry) at this stage of the work of the investigator (interrogator).
As some authors note, the organization of a confrontation includes the following structural elements: substantive, organizational (optimal use of the time and investigative potential of an interrogator or investigator should ensure the rational conduct of a confrontation) and tactical, which, in turn, consist of several stages and involves the following work by the investigator [4, p. 154].
The proper conduct of a confrontation is mainly
characteristic of the subsequent stage of the investigation of crimes. At the same time, the preparatory stage of the confrontation has a great influence on the final result of the investigative action. In this regard, we will consider the main stages of preparation for the confrontation.
1. Study of previously given testimony of individuals, between whom it is supposed to conduct a confrontation, as well as other necessary information collected in the course of the investigation and contained in the materials of the criminal case. The investigator must, using the materials contained in the criminal case, analyze the behavioral aspects of each of the future participants in the upcoming investigative action.
2. Investigation of the features and content of the contradictions in the previously obtained testimony, as well as the reasons for their occurrence. At this stage, the investigator (interrogating officer) will have to identify the disagreements that constitute the essential side of the contradictions between the persons.
3. Determination of the composition of the participants in the confrontation. The investigator (interrogator) must determine the number and composition of persons participating in the investigative action.
At the same time, persons whose testimonies during interrogation are diametrically opposite to each other are not always included in the confrontation (for example, a witness who actually saw a picture of a crime and a witness shielding a suspect or accused). In this case, it is advisable for the investigator to conduct two face-to-face confrontations, each of which should include persons giving diametrically opposed testimony and other witnesses whose testimonies differ insignificantly.
By itself, preparation for a confrontation needs to determine the required list of participants in the investigative action (the persons interrogated at the moment, a defense lawyer, a teacher, an interpreter, a specialist and others), but "we find it tactically difficult to conduct a confrontation in the presence of more than two
people" [ 2, p. 259]. At the same time, in the theory of forensic science "there are cases of tactical methods of face-to-face confrontation, involving a large number of participants" [6, pp. 161-186].
4. Preliminary consideration of the personality of each of the interrogated persons, as well as a study of their relationship. At this stage, the investigator needs to delve into the psychological component of the relationship between the persons - participants in the confrontation. In some cases, business relations may prevail between the participants in a confrontation, in some - relations of subordination, dependence, love, family relations, relations of a victim and a criminal, and others. All this must be studied by the investigator (interrogator) before proceeding to the next stage of preparation.
5. Determination of the sequence of all the required actions in the production of a confrontation. At this stage, after familiarizing himself with the case and studying the identity of the persons involved, the investigator chooses the tactics of conducting the investigative action, which, in his opinion, is most suitable in this case.
6. Planning the order of conducting and determining the sequence of questions in the face-to-face confrontation process. This stage of preparation for a confrontation is characterized by the need to create a preliminary plan (scheme) for a confrontation. The plan (diagram) indicates the order of the questions, as well as the options for presenting new ones, depending on the previous answers.
At the stage of preparing the plan, it is necessary to carefully think over and formulate in writing the questions that will be posed to the interrogated, to determine the sequence of their presentation. Particular attention must be paid to the development of detailed and, at the same time, concise questions, since they both help clarify certain circumstances and contribute to the exposure of lies.
At the same time, detailed detailing of the testimony of the interrogated persons will reveal the conscientious delusion of the participants in the confrontation, and, as a result, eliminate the existing contradictions [3, p. 282].
7. Choosing the place and time of the confrontation, as well as the methods of calling the participants. This is an organizational event that must also be carried out before the start of the confrontation itself.
8. Preparation of the required case materials, which are supposed to be presented during the confrontation process.
At this organizational moment, the investigator (interrogator) must provide options for demonstrating the case materials. This can be documentary materials, video filming, sound recording and other evidence. In the case when, say, four or five persons are involved in a confrontation, a similar amount of handouts or demonstration material should be prepared.
If it is necessary to demonstrate the sound recording, program code, video recording and other materials of the case, the investigator must check the operation of the appropriate equipment, the availability of the nec-
essary software and, in general, the possibility of performing these actions in the presence of the participants in the confrontation.
9. Determination of the participant in the confrontation, who is given the first opportunity to present the circumstances of the case. This event is carried out in order to identify the strong, weak and neutral side of the criminal process. Sometimes the investigator (interrogator) should establish as the main version of the crime contested by the testimony of the interrogated persons, thereby, as if indicating that this version is accepted for consideration as the main one, and sometimes, on the contrary, it is better not to do this in order to relax the necessary the participants in the confrontation with abstract questions, in order to ask their question to any person in the middle of the investigative action.
10. Determination of technical means for fixing the confrontation. In accordance with the requirements of the Code of Criminal Procedure of the Russian Federation [1], a confrontation must be documented by drawing up a protocol, and in other cases, the investigator may resort to the need to record the entire confrontation process, which will avoid the loss of evidentiary information. At the same time, the use of video or sound recording eliminates the likelihood of such adverse incidents as the possibility of collusion between the participants in the confrontation.
To promptly support the investigative action, the investigator needs to assess the need for persons who are not participants in the confrontation to participate in a confrontation. The choice of these persons depends on the nature of the case.
Before conducting a confrontation, the investigator is required to analyze the identity of each of the participants in the confrontation. If the investigator believes that the person does not accurately reproduce the circumstances of the case, a confrontation may be conducted at any convenient time, and without delay. Science has proven that past events are gradually erased from memory. Therefore, the negative impact of postponing the confrontation for later is not excluded [5, p. 15].
As some researchers note, the investigator is required to take into account such possible cases when the accused may be rude or demonstrate aggressive behavior in relation to the incriminating party [3, p. 282]. Therefore, the restraining current method for an aggressive confrontation participant will be the use of video or sound recording, as well as finding him behind an obstacle.
Summing up the results of this study, we can conclude that the preparation for the confrontation, expressed in the consistent and deliberate work of the investigator aimed at the upcoming conduct of the investigative action, affects the efficiency not only of the stage of pre-trial criminal proceedings, but also the outcome of the criminal case in general.
References
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К ВОПРОСУ О РЕАЛИЗАЦИИ ПОПРАВОК В КОНСТИТУЦИИ РОССИЙСКОЙ ФЕДЕРАЦИИ
Сизова А.С.,
доцент кафедры конституционного и муниципального права
Владимирского филиала РАНХиГС кандидат юридических наук Соколов Е.Е. студент факультета права Владимирский филиал РАНХиГС
ON THE ISSUE OF IMPLEMENTING AMENDMENTS TO THE CONSTITUTION OF THE
RUSSIAN FEDERATION
Sizova A.,
Assistant Professor of Constitutional and Municipal Law Departament
of Vladimir branch of the RANEPA, PhD (Law) Sokolov E. law student
of Vladimir branch of the RANEPA,
Аннотация
Действующий Основной закон Российской Федерации затрагивает все сферы жизни человека и общества. Как и любой механизм со временем он нуждается в различных доработках для того, чтобы более четко регулировать различные сферы жизни людей. Именно из-за этого внесение различных поправок в действующий Основной закон страны влечет огромной резонанс в обществе. Данное мероприятие необходимо с той точки зрения, чтобы привести в соответствие законодательство РФ. Научная новизна данной работы заключается в том, что любое глобальное изменение всегда сопровождается огромным количеством различных мнений, в данной научной статье был проведен анализ части изменений в Конституции РФ и сделаны выводы о допустимости и легитимности данных поправок.
Abstract
The current Basic Law of the Russian Federation affects all spheres of human life and society. Like any mechanism, over time it needs various improvements in order to more clearly regulate various spheres of people's lives. It is because of this that the introduction of various amendments to the current Basic Law of the country entails a huge resonance in society. This event is necessary from the point of view to bring the legislation of the Russian Federation into compliance. The scientific novelty of this work lies in the fact that any global change is always accompanied by a huge number of different opinions, in this scientific article an analysis of part of the amendments to the Constitution of the Russian Federation was carried out and conclusions were drawn about the admissibility and legitimacy of these amendments.
Ключевые слова: Конституция РФ, Основной Закон, Президент РФ, поправки, изменения, легитимность.
Keywords: Constitution of the Russian Federation, Basic Law, President of the Russian Federation, amendments, amendments, legitimacy.
Конституция РФ - это основной закон Россий- права и обязанности человека и гражданина, феде-ской Федерации, который принят в особом порядке. ративное устройство страны, полномочия Прези-Он закрепляет основы конституционного строя, дента Российской Федерации, Федерального Собрания, Правительства Российской Федерации,
