Tactics of interrogation and confrontation forensics. Formation of testimony includes

Confrontation is an independent investigative action. Essentially, this is an interrogation of two previously interrogated persons in the presence of each other regarding significant contradictions that have arisen between their testimony. If these persons did not know each other before, then before confrontation presentation for identification is carried out, of course, if one of them or both can and are ready to participate in the identification.

If there are significant contradictions in the testimony of previously interrogated persons, the investigator has the right to conduct a confrontation. Confrontation is carried out in accordance with Art. 192 of the Code of Criminal Procedure of the Russian Federation and Art. 164 of the Code of Criminal Procedure of the Russian Federation, which establishes general rules for conducting investigative actions.

Thus, the investigator finds out from the persons between whom the confrontation is being conducted whether they know each other and what kind of relationship they have with each other. The interrogated persons are asked one by one to testify on the circumstances to clarify which the confrontation is being conducted. After giving evidence, the investigator may ask questions to each of the interrogated persons. Persons between whom a confrontation is being conducted may, with the permission of the investigator, ask questions to each other.

During the confrontation, the investigator has the right to present material evidence and documents.

The announcement of the testimony of interrogated persons contained in the protocols of previous interrogations, as well as the reproduction of audio and (or) video recordings and filming of these testimonies are allowed only after the said persons have given testimony or their refusal to testify at the confrontation.

In the protocol of the confrontation, the testimony of the interrogated persons is recorded in the order in which they were given. Each of the interrogated persons signs his testimony, each page of the protocol and the protocol as a whole.

If a witness comes to a confrontation with a lawyer invited by him to provide legal assistance, then the lawyer participates in the confrontation and enjoys the rights provided for in part two of Article 53 of the Code of Criminal Procedure of the Russian Federation.

Compared to a regular interrogation, the psychological atmosphere of a confrontation is usually more complex. This is due to the very fact of the participation of the second interrogated, emotional tension due to the possibility of being exposed in a lie, a feeling of fear for one’s truthful testimony or embarrassment for lying. In practice, a confrontation always takes place in a conflict situation, although the severity of the conflict can vary - from outright hostility to an ordinary dispute over the correctness of a particular statement.

When preparing a confrontation, it is necessary to take into account the possibility of excess when the accused who is hiding shows rudeness or aggressiveness towards the incriminating party. Then, to prevent undesirable consequences, it is necessary to provide for the presence of an employee of the pretrial detention center or an operational worker. The use of audio or video recording can serve as a deterrent for an aggressive participant in a confrontation.

The tactics of confrontation are intended to help eliminate contradictions in the testimony of those interrogated. However, the purpose of the confrontation can be considered achieved only if the contradictions are eliminated on the basis of evidence reflecting the true state of affairs, i.e. such testimony that is not only subjectively true, but also objectively true. At the same time, it is necessary to keep in mind the possible negative results of this interrogation, when one of the participants in the confrontation, who previously gave truthful testimony, changes it to false either intentionally or under the influence of another participant in the confrontation.

Another negative consequence may be a change in the testimony of both participants in the confrontation and their giving of new, also false, testimony, but no longer contradicting each other.

Confrontations can be held between witnesses, victims, suspects, accused - in any combination. Depending on what procedural position the participant in the confrontation occupies, the law determines his rights and obligations when conducting this type of interrogation. If a witness or victim is questioned, he is routinely warned of criminal liability for refusing to testify and for giving false testimony.

Confrontation is an important, but not the only way to eliminate contradictions in testimony. Before resorting to this action, the investigator must try to eliminate them through repeated interrogations and through other investigative actions. The result will depend on how accurately the readings are assessed and the reasons for the contradictions that arise are understood. The considered methods of interrogating persons who distort the actual circumstances of the case are also used here.

If the contradiction cannot be removed, the investigator prepares for a confrontation. An important element of preparation is determining those contradictions, which need to be eliminated. A confrontation should not turn into an exchange of opinions between its participants on an indefinite range of issues. The essence of the contradiction must be clearly understood and specified in questions addressed to the participants in the confrontation.

In simple cases this is not difficult, but in complex criminal cases there can be multiple contradictions. Practice shows that confrontation will be successful if each circumstance is clarified separately. Discussing all the episodes at once will make it difficult to understand the circumstances regarding which there are significant contradictions.

When deciding whether to conduct a confrontation, the investigator must take into account the significance of the contradictions in the testimony of those interrogated and the possible negative consequences of the confrontation. If contradictions in testimony can be eliminated by other means and with less tactical risk, then it is better to refuse a confrontation.

Preparation for confrontation includes:

• - choosing the moment for its implementation. It is advisable to conduct a confrontation when the investigator has data that allows him to objectively evaluate the testimony of its participants and determine which of them correspond to the truth. The entire tactical line, the sequence of asking questions, etc. depend on this. However, delaying the confrontation may lead to it losing the character of surprise, which to a certain extent also contributes to its success;
• - analysis of the relationships between participants in the confrontation. This is necessary to determine the possible line of their behavior, influence on each other, assess the likelihood of one participant changing the testimony for another, etc.;
• - determination of the subject of the confrontation, i.e. the range of controversial circumstances to be clarified;
• - determination of questions for interrogated persons, their wording;
• - determination of the sequence of questions;
• - preparation of evidence and other materials that may be required during the confrontation.

The wording and sequence of questions requires special attention. It is necessary to decide how detailed the analysis of the circumstances about which there are contradictions in the testimony of those interrogated will be, whether it should first be limited to the general issue and only then detail the testimony, whether it should be detailed if the interrogated remain in their positions and the contradictions on the general issue will not be eliminated . At the same time, it is important to take into account that detailing the testimony allows one to overcome the conscientious error of the participant in the confrontation and thus contribute to the elimination of contradictions.

Confrontation is a rather complex investigative action, in certain cases even risky, since the interrogated person may also have a negative impact on the person giving truthful testimony. In addition, the accused in a confrontation can come to an agreement among themselves and agree on their false testimony, which the investigator is not always able to prevent. If there are such concerns, it is better not to rush into a confrontation and try to eliminate the contradictions that have arisen in another way, for example, by playing a sound recording of the testimony or presenting a video recording of the interrogation. In the same way, it is advisable to conduct a confrontation between a minor and an adult only in cases where the investigator is confident that the adult interrogated will not have a negative impact on the testimony of the minor.

Before the confrontation, it is necessary to carefully study the testimony of the interrogated, take into account their relationships, find out the essence of the contradictions that have arisen, outline the questions that should be asked, their sequence, and decide the question of who will be interrogated first at the confrontation. Usually the first person to be interrogated is the one who, in the investigator's opinion, gives truthful testimony. Although in some situations you can do the opposite, in the hope that false testimony affecting the interests of another interrogated person will cause him indignation. As a result, he can report facts that he had previously kept silent about.

One of the objectives of the confrontation is to obtain from at least one of the interrogated new information about such episodes, circumstances and details of the incident, which were not reported before the testimony of this interrogated person at the confrontation and which could be confirmed by the available data or during other investigative actions. Therefore, the investigator must limit in advance the amount of information communicated to the interrogated person so that another interrogated person can demonstrate his knowledge and give testimony that goes beyond what was reported during the confrontation. Only in this case can the investigator be sure that the testimony obtained during the confrontation is not the result of the suggestive nature of the testimony of another person.

Conducting a confrontation begins with finding out whether its participants know each other and what kind of relationship they are in. This is necessary to assess the possible impact of connections on the veracity of testimony. Therefore, it is very important not to limit ourselves to fixing general answers about the nature of the relationship, but to find out on what basis such a characteristic is given, in what specific ways, for example, hostility, hostility, or bias are manifested.

According to established practice, the first person to testify is the one who, in the investigator’s opinion, is telling the truth. This is all the more appropriate in cases where there is no certainty that this person will not change his testimony under the influence of another participant. Exceptions to this procedure are permissible in cases where the investigator believes that a truthful participant will stand firmly on his own and will be able to give more reasoned testimony after listening to an unscrupulous participant, and also when it can be assumed that his testimony will so greatly outrage the second interrogated that he will provide additional information. information and even force an unscrupulous person to tell the truth.

A participant who gives false testimony may sometimes insist that he be questioned first in a confrontation. The motives given are different, but practice shows that in reality it is an intention to put pressure on the second participant in the confrontation with his words, to induce him to change his testimony. Such a request can only be granted in cases where the investigator is firmly convinced that the second participant will be able to withstand pressure. Such persistence can have a psychological effect on an unscrupulous participant and encourage him to give truthful testimony.

When conducting a confrontation with a person who is in good faith mistaken, his sincerity and conviction that he is right can influence the second participant. The investigator must also foresee such a result and prepare in advance to neutralize it with appropriate tactical techniques (detailing testimony, presenting evidence, etc.).

The investigator carefully observes and directs the course of the confrontation. He must suppress any attempts by the accused to persuade the other participant to his side. Hints, direct appeals and even threats are possible here. The investigator has the right to reject the question of the person being incriminated if it is not directly related to the subject of the confrontation or is intended to influence a bona fide participant. The result of a confrontation largely depends on the activity of the investigator, who should not reduce his role to that of a questioner and a protocol writer, leaving the participants to sort things out themselves.

The factor of surprise is used in practice as a tactical method of confrontation. Exposure begins with interrogation, during which the liar, usually the accused, insists on his testimony and assures that his words are true and therefore cannot be refuted. The investigator draws up a report and summons to a confrontation a subject whose incriminating testimony the accused did not know about. Such a sudden confrontation can immediately prompt one to give up lying. If this does not happen, then the system of arguments of the liar will be thoroughly shaken, which may later lead him to truthful testimony.

With this tactical option, the participants in the confrontation must know each other well so that the liar cannot claim that he is seeing the whistle-blower for the first time.

A confrontation conducted to restore forgotten or inaccurately stated facts is psychologically simpler. There is no danger of attempts to negatively influence a bona fide participant. Since we are talking about clarifying the circumstances of the case, it is important that associative connections appear in the minds of the participants, which requires an active exchange of information between them. The investigator should not unnecessarily interfere with the discussion of issues. At this time, forgotten facts can be restored in memory, which will eliminate the contradictions that have arisen.

Interrogation with the participation of a second investigator. The law does not contain provisions preventing two investigators from interrogating. The need for this may arise for continuous monitoring of the behavior and emotions of the interrogated, accelerating the pace of interrogation, as well as in cases where the subject of interrogation is of interest to another investigator from the same team.

Such an interrogation makes it possible to carry out various psychological combinations, for example, when one investigator deliberately aggravates the situation of the interrogation and thereby arouses the hostility of the interrogated, and the other (with his “objections” to the first at the right moment) defuses the situation and easily comes into contact with the interrogated, encouraging him to give truthful testimony.

Information lecture

Question 1. Concept and types of interrogation.

Question 2. Preparing for interrogation.

Question 3. Tactics of interrogation of witnesses and victims.

Question 4. Tactics of interrogation of a suspect and accused

Question 1. Concept and types of interrogation

Interrogation– investigative and judicial action, which consists in obtaining by the investigative bodies and the court, in accordance with the rules established by procedural law, directly from the interrogated person information about facts known to him that are important for resolving the criminal case.

Depending on the procedural position of the interrogated There are different types of interrogation: victim, witness, suspect, accused, defendant. Each of them has procedural features and inherent tactical techniques. Based on the age of the subject of interrogation, they distinguish interrogation of a minor (minor), adult, elderly; interrogation may be in order primary and repeated; by content (volume) – main and additional. A special, specific type of interrogation - confrontation.

Testimony can be true and false, reliable and unreliable, slander and self-incrimination.

During interrogation, things may develop situations: conflict (without strict rivalry or with strict rivalry) or conflict-free. A conflict situation is typical for the interrogation of a suspect and accused, a non-conflict situation is typical for the interrogation of a witness or victim. The interrogation tactics depend on the situation.

Question 2. Preparing for interrogation

The success of the interrogation largely depends on whether the investigator has carried out previous preparatory actions, which include:

– studying the materials of the criminal case and collecting initial data related to the subject of interrogation;

– studying the personality of the interrogated in order to establish proper contact with him, clarifying his relationships with other persons involved in the case for the right choice interrogation tactics;

– determining the order of interrogations;

– places of interrogation;

– the circle of persons participating in the interrogation;

– implementation of technical support for interrogation;

– study of special issues.

Studying a criminal case involves carefully reading all the materials available in it, analyzing and evaluating the evidence. In the process of studying the materials of the criminal case, it becomes clear what circumstances are subject to proof during the investigation, who should be interrogated and to clarify what issues, what information this person may have.

The study of a person begins from the moment the investigator makes a decision to interrogate and continues throughout the interrogation. Here two stages can be roughly distinguished. At the first, the personality is studied before the interrogation and at the second - during the interrogation. The main ways to study a person at the first stage are a detailed analysis of the documents on file; collecting information about the person being studied during other investigative actions, for example, interrogating people who know the person well, in order to establish his lifestyle; collecting information at the place of work or study, obtaining characteristics, as well as conversations with the operational police officers who carried out the arrest, or with the investigator who interrogated the person earlier; studying materials from archival criminal cases if the person being interrogated was convicted or was involved in the case as a witness. Studying a person during an interrogation involves observing his demeanor, clothing, facial expressions, etc. You should pay attention not only to what, but also how the person being interrogated speaks.

A comprehensive study of the personality of the interrogated facilitates the rapid establishment of psychological contact with him. The investigator plays an active role in this. He strives to make the interrogated person want to tell everything he knows about the case. Establishing contact with the person being interrogated is not an end in itself, but a means of achieving the truth in the case.

When preparing for the interrogation, the investigator finds out what issues may be raised and which of them require special knowledge, gets acquainted with the relevant literature, documents, special terminology, etc. For the same purpose, he can use the consulting assistance of a specialist. When preparing for interrogation in cases of theft or safety violations, it is useful to visit the place of work of the person being interrogated and become familiar with the production technology at this enterprise.

Question 3. Tactics of interrogation of witnesses and victims

The range of circumstances under which one may be questioned witness, is determined by the subject of proof, the circumstances of a particular criminal case, his personality and the amount of information that he may have. If a witness reports facts that he did not personally observe, but learned about them from third parties, the source of this information must be indicated.

There is a uniform procedural procedure for questioning witnesses, allowing to obtain full testimony about the circumstances of the case known to the witness. Among the general rules of interrogation witnesses should include such as interrogating separately witnesses summoned in the same case, explaining the rights and obligations of the witness, warning about criminal liability for refusal or evasion to testify and for giving knowingly false testimony, establishing the relationship of the witness to the participants in the process, proposal The witness must first tell everything known about the circumstances in connection with which he was called for questioning; he is prohibited from asking leading questions.

Most often, a witness does not exhaust the topics of interrogation with a free story.. In some cases, he does not attach importance to any circumstances known to him and believes that they are not important for the investigation, and therefore does not mention them. Sometimes he does not cover them due to forgetfulness, absent-mindedness, or due to the inability to accurately formulate his thought. At the same time, a witness’s free story may contain inaccuracies and, in some cases, various types of errors. By asking supplementary, clarifying and control questions, the investigator can supplement the testimony of the witness.

The questions asked to the witness must relate to the subject of the interrogation, obey the tactical plan of the investigator, flow from one another, be clearly and grammatically correctly formulated and, as a rule, require a detailed answer. The witness should be asked whether he has any notes, sketches, diagrams, letters, diaries or other documents regarding the incident.

Depending on whether witnesses give truthful testimony or deliberately false ones, they are usually divided into conscientious and dishonest. Of course, this division is conditional. The same witness, when questioned on one fact, can give truthful testimony, but on another – false. In addition, a conscientious witness may be mistaken and give testimony that does not correspond to reality. Involuntary mistakes of a conscientiously erring witness are a frequent phenomenon and sometimes imperceptible to the witness himself. Tactical techniques for interrogating a bona fide witness are aimed at maintaining conflict-free relationships. The investigator helps him correctly and more fully tell everything he knows and remember what he has forgotten. For this purpose they are widely used associative method And techniques aimed at filling memory gaps: presentation of evidence and documents, interrogation at the scene of the incident, confrontation with the accused or other witnesses. The investigator chooses other tactical means to obtain truthful testimony from witnesses who give false testimony and create a conflict situation during interrogation. In this case, the investigator resorts to detailing and concretizing the interrogation, to presenting the evidence collected in the case to the witness.

During interrogation relative witnesses the victim, suspect or accused, the investigator must exercise caution. Firstly, it is advisable not to begin the interrogation by clarifying the main facts of interest to the investigation, and, secondly, it is necessary to organize the call for interrogation in such a way that each of the witnesses does not know what the previous interrogated were asked about and what evidence they gave.

When there are several witnesses, the investigator determines the order of their interrogation. First of all, persons are interrogated who are able to illuminate the facts and circumstances established at this stage of the investigation, and from whom truthful testimony can be expected, serving as a criterion for evaluating the testimony of other witnesses. Victims, eyewitnesses of the crime who perceived the event as a whole are interrogated first, then witnesses who can provide important information about the suspect and the victim and their relationship. It is advisable to interrogate first of all those witnesses who, due to favorable conditions for the perception of events, life experience or other circumstances, can more fully speak about the facts of interest to the investigation. When several persons appear before the investigator in the same case at the same time, measures are taken to ensure that uninterrogated witnesses cannot communicate with those interrogated.

Interrogation of the victim carried out according to the procedural rules of interrogation of witnesses with a mandatory warning of criminal liability for knowingly false denunciation. Such a warning is recorded in the protocol-statement of the victim and in the protocol of his interrogation.

The victim's perception of facts relevant to the case and their reproduction during interrogation differ from their perception and reproduction by other witnesses. First, the victim is often directly confronted with the fact of the crime or the criminal. In most cases, he is more fully aware than anyone else of the circumstances of the crime committed, as a result of which he was harmed. His testimony, compared to that of a witness, is detailed and comprehensive, helping the investigator get an idea of ​​what happened, build versions and discover evidence. Secondly, the victim is often a person interested in the outcome of the case. Hence, the readings may be biased. However, the victim’s interest in the outcome of the case should not in itself be considered as a circumstance that gives grounds to reject the testimony or question it. Thirdly, when testifying, the victim is allowed to go beyond the questions posed by the investigator and express his opinions regarding the circumstances of the event under investigation, which may be important for the direction of the subsequent investigation. Fourthly, the victim is endowed with the rights of a participant in the process, therefore his testimony is a means of protecting violated rights and legitimate interests.

Question 4. Tactics of interrogation of a suspect and accused

General procedural order interrogation of a suspect does not differ from the procedure for interrogating the accused. However, the tactics of his interrogation have features that are determined by the procedural position of the suspect, the degree of proof of his guilt and the availability of evidence in the case. The interrogation of a suspect is also characterized by special psychological aspects. He is usually in a state of extreme excitement and confusion, he has a pronounced defensive dominant, an attitude towards hiding objective information. The suspect treats the investigator with prejudice and wariness and seeks to obtain information from him about the degree of his knowledge.

Before interrogation, the suspect must be explained his rights and be told what crime he is suspected of committing. Giving evidence is the right of the suspect, since through it he is protected from the suspicion that has arisen. The purpose of the interrogation is to verify the circumstances that gave rise to suspicion.

Interrogation is the first meeting of a suspect with an interrogating officer or investigator. The suspect does not yet know what evidence the interrogator has, he hopes that the investigator does not have evidence incriminating him, therefore, at the time of interrogation, he does not exactly build a line of behavior.

Characteristic feature interrogation of a suspect detained at the time of committing a crime is the fact that preparation for interrogation is carried out in a shorter period of time. The investigator often has the most minimal information about the identity of the suspect and, during the interrogation, determines which tactics are appropriate to use.

The tactics of interrogating a suspect are largely determined by the personality of the person being interrogated, the degree of proof of his participation in the commission of a crime, his role and relationships with other suspects.

The interrogation begins with establishing the identity of the suspect. Investigative practice knows of numerous cases when those detained for crimes give fictitious names. Therefore, their identity must be verified by documents, presented for identification to persons who know the suspect well, and also with the help of special records of the Ministry of Internal Affairs.

If the crime is obvious or there is a large amount of evidence incriminating the suspect, it is advisable to interrogate him immediately. This technique, based on the factor of surprise, does not give the suspect the opportunity to come up with one or another false version. The testimony of a suspect interrogated immediately after arrest, without prior consideration of the circumstances that led to his arrest and the grounds for suspicion, differs significantly from those he gives during interrogation carried out some time later.

Interrogation of the accused is carried out with the aim of obtaining truthful testimony on all circumstances that are relevant to the case and making it possible to verify the reliability of the data on which the accusation is based, to establish the reasons that led the accused to the crime and the conditions that contributed to its commission, as well as to clarify data characterizing the personality of the accused. In procedural terms, his admission of guilt is evidence that does not have priority over others. Obtaining a confession and truthful testimony from the person who committed the crime is very important in tactical terms: the accused, better than anyone else, knows the circumstances, the motives for the crime he committed, can refer to persons confirming his testimony, and name circumstances not yet known to the investigator .

Interrogation carried out after the presentation of the decision and it starts with finding out does the accused plead guilty in the indictment. He is then asked to testify on the merits of the charges. The subsequent interrogation tactics depend on how the accused answers the question about pleading guilty.

The accused may plead guilty in full, in part, or deny the charge.

If he fully admits guilt, the investigator finds out the truth of the confession. A false admission of guilt may be a ploy by the accused to avoid responsibility for a more serious crime. The accused believes that as long as he agrees with the content of the decision to bring charges, the investigator will not identify circumstances incriminating him of committing another crime. One of the main techniques used when interrogating an accused person who admits his guilt is: details of indications, which makes it possible to identify accomplices and instigators, establish where the stolen property is located and obtain new evidence confirming the truthful testimony of the accused. Another tactic that can be used to verify the testimony of the accused is re-interrogation of the accused. Detailing the testimony during re-interrogation often reveals its discrepancy with the initial one.

Following the answer to the question whether the accused admits himself guilty of the charge brought against him, his testimony is heard in the form of a free story, during which he sets out his attitude to the charge, gives arguments that justify him or mitigate his guilt, i.e. exercises his right to defense.

__ Lecture 7. Search and seizure tactics. Presentation tactics for identification

Information lecture

Question 1. The concept of search and seizure. Types of search

Question 2. Preparing for a search

Question 3. Search tactics

Question 4. Concept and types of presentation for identification.

Question 5. Preparation for presentation for identification.

Question 6. Tactical presentation techniques for identifying people.

Question 1. The concept of search and seizure. Types of search

Search– a compulsory investigative action aimed at examining individual citizens, premises, areas and other places in order to detect and seize objects, documents, traces of a crime and a criminal, as well as to detect a wanted person or corpse (Articles 182, 184 of the Code of Criminal Procedure of the Russian Federation).

Notch- this is an investigative action consisting of requesting and confiscating from any person or from an institution objects or documents relevant to the case (Article 183 of the Code of Criminal Procedure of the Russian Federation).

The objects of search (search) may be:

1. Items, obtained by criminal means; serving as instruments and means of preparing, committing and concealing a crime; with traces of a crime; having other significance for the investigation of the case (free handwriting samples, materials characterizing the suspect, photographs, etc.). Money and valuables, acquired by criminal means, as well as money, valuables and other property necessary to compensate for material damage; items withdrawn from civil circulation (in the absence of a special permit for their acquisition).

2. Wanted persons or their corpses.

3. Animals or their corpses.

The selection of these objects predetermines the purpose of the search.

Types of search. Classification of search types can be carried out on various grounds. Depending on the object of the conduct, a search of premises, a section of the area in the use (ownership) of a citizen is distinguished, Vehicle, personal search; from the sequence and place of production - primary and secondary, main and additional; from the time of production (if it is carried out among several persons) - simultaneous and multi-temporal search.

Question 2. Preparing for a search

Preparing for a search includes a number of elements. Let's name the most important of them.

Studying the criminal case materials and operational search materials related to the upcoming search. It is necessary to study the protocols of the relevant investigative actions, the documents in the case (characteristics, criminal record certificates, copies of court verdicts), archival criminal cases and operational records, comparing the information available to the operational worker obtained from non-procedural sources with procedural information, which will help not only preparation, but also the conduct of the search.

Studying the identity of the person being searched and other citizens living or working at the site being searched, carried out with the aim of identifying an area of ​​the area, a specific place or person, where and with whom the sought-after is hidden, the most likely method of camouflaging the hidden and tactical methods of the upcoming search.

Most often, the sought-after items are hidden at a person’s place of residence or in an adjacent area, in outbuildings, etc. The characteristics of the search objects, as well as the items being sought, are among the objective factors influencing the method of concealment. Subjective factors also play an important role: professional skills and abilities, life experience, including criminal experience, age, occupation, behavior and relationships in the family, with neighbors and co-workers, lifestyle, connections and acquaintances, state of health. The character traits of a given person (greed, distrust, cowardice, absent-mindedness, carelessness, laziness, accuracy) can affect the place and possible method of concealment, and, consequently, the selection of technical means, as well as predicting the possible resistance to those being searched or the destruction of the sought-after. The results of the search depend on the behavior of not only the person being searched, but also his family members, as well as those working or living with him. Hence, it is important to have information about these individuals.

Collecting data about the items you are looking for. The operational worker needs to know what to look for, determine the nature of the objects and their features (name, purpose, size, color, quantity, possibility of change), and, if necessary, have similar objects or their photographs during the search. Sometimes it is advisable to involve the victim, his relatives, acquaintances who are aware of what is being sought, in the search. However, here it is necessary to take into account the possible involvement of these persons in the crime committed. Operational search information is compared with evidence in the case.

Sometimes an operational worker does not know an exhaustive list of objects to be found or the signs that individualize them. In cases of theft, for example, the items sought may be various accounting documents, draft records, labels, packaging, notebooks, addresses, which may indicate the connections of the criminal, places of possible storage or sale of stolen goods, distribution of roles of participants organized group, the timing of their activities. The characteristics of the items being sought often influence the methods of concealment and make it possible to limit the circle of people or places where they should be looked for.

Determining the location of the search. The peculiarities of studying the material situation of the place and the boundaries of the upcoming search are determined to a large extent by its type, object and goals, and the personality of the person being searched. When conducting a search in a separate apartment, the boundaries are known in advance. Here the operational worker basically decides what (the furnishings of the apartment, floor, walls, etc.) is subject to investigation.

When conducting a search in a separate house, it is necessary to provide for an inspection of the living rooms, kitchen, corridor, attic, all outbuildings, garden plot, etc. The internal layout of the apartment, house, outbuildings can be found in the technical inventory bureau, where the relevant plans are stored.

When establishing the boundaries of a search in a service (production) premises, it is often necessary to predict the likelihood of finding the person sought not only in a specific workplace, but also in other premises, on the territory, in machines and equipment. This takes into account the peculiarities of production (working hours), as well as the possibility of outsiders visiting certain places.

Often, criminals equip special hiding places - hiding places - in walls, partitions, doors, under the floor, in furnishings, on the ground, etc. For small objects, ventilation pipes, bathtubs, stoves, chandeliers, picture frames, televisions, vacuum cleaners, icons, etc. are used. Choosing a place does not end with concealment. Disguise is also often carried out. To do this, additional furniture is installed (for example, a bed over a hiding place in the floor), plants are planted, and buildings are erected. Sometimes the person being searched, on the contrary, leaves the desired object in plain sight so that no attention is paid to it.

During the search, all places where what is being sought, by its size, weight, volume, properties, can be hidden without the risk of damage are examined. You should look most carefully where such things are usually stored (especially when the search is unexpected). If the thing is small, then we can assume that before the search it could have been in the possession of the person being searched, who last moment could have hidden it hastily.

When studying office premises, as well as areas of the area managed by institutions, enterprises and organizations, it is important to establish their exact location, purpose, operating conditions, availability of access control, frequency of attendance by workers or other persons, presence of windows, entrance doors and emergency exits, furniture and other items, location of locks, security alarms, telephones, features of vegetation, soil, placement of objects on the ground (stacks, sheds), etc.

Implementation of additional activities. Before a search, sometimes there is a need to carry out additional investigative, operational search and organizational and technical measures. This could be an interrogation, inspection, seizure, obtaining, for example, from a atelier a sample of the fabric from which the item being sought is made, etc. All this is aimed at the effectiveness of preparatory actions, and, consequently, the upcoming search.

Creation of a task force. In addition to the investigator or inquiry officer, witnesses, the person being searched or adult members of his family, and in their absence – a representative of the administration or house management, a representative of the organization in which the search is being carried out, the participation of other persons is often necessary. These include other police officers, technical employees (workers). These persons are involved in guarding the place where the search will be carried out, entering it, monitoring the searched and other persons who find themselves in the place where the search is being carried out, to provide technical assistance (open locked doors, carry out excavations in the area, dismantle furniture, etc.) .

It is always necessary to involve several police officers in a search, since in the process of entering the search site or during it, resistance is possible. When determining the number of employees, it is necessary to take into account the severity of the crime committed, the personality characteristics of the person being searched, his attitude towards the crime, whether he has weapons, the possible punishment, the role and significance of the objects being searched for the case. When conducting a search of women, it is advisable to invite a female operative. To find individual objects (drugs, stolen property), a canine inspector with a dog can be used.

Important role belongs to specialists. So, in order to distinguish jewelry from precious metals from costume jewelry, you should invite a jeweler. It is also advisable to involve specialists in the search due to the impossibility of simultaneously conducting search operations and using technical means. In particular, they record the results of detecting caches, opening them, etc. using film and video recording; use complex technical and forensic means; carry out individual actions related to the detection and removal of what is being sought (for example, hidden in electrical appliances, a TV); give recommendations to the operational officer regarding possible places and methods of concealing what is being sought, ensuring security rules and other advice on issues related to the search.

Resolving the issue of technical support search participants. A special place here belongs to search technology. The fundamental possibilities of its use are based on the difference between the objective properties of the objects being sought and the properties of the environment in which they are hidden.

The search techniques used are usually divided into two groups. The first group includes instruments and other devices, the use of which is based on mechanical contact with the covering medium or the desired object (probes, trawls, hand drills, search lifts). The second is a search technique that ensures the achievement of results without direct contact with the desired object, and sometimes the environment (electric probes, electromagnetic metal detectors, X-ray machines). Magnetic lift finders, electromagnetic metal detectors such as “MIP”, “IMG”, “Omul-63”, “Gamma” VM-20N, “Betta” VM-20N, “Blesna-1” are widely used to search for ferrous and non-ferrous objects metals These metal detectors have a significant search depth, which depends on the nature and depth of the covering environment and the size of the object being sought. To search for objects made of gold, the “Oliva” device is used (detects gold behind a metal barrier up to 2 mm thick, as well as in a suitcase without opening it); To search for voids in wooden or brick structures, use the IN-1 Epsilon non-contact heterogeneity detector.

To find buried, flooded corpses or their parts in dry or swampy soil, a special device is used; to search for metal objects hidden in the ground, water or other liquid and viscous media, the electrical conductivity of which is significantly less than that of metal - an electric probe.

Currently, new forensic and special equipment is used during searches. To detect various objects having a temperature different from environment, use thermal imagers, to search for hiding places in brick and concrete structures up to 200 mm deep - "Microwave Interoscope" search devices, to detect objects in various hiding environments - a set of portable x-ray equipment, to view various packages in order to identify investments - the "Lotus" fluoroscope ", to detect signs of counterfeit license plates on the bodies and assemblies of vehicles - a special device "Contrast".

During the search, means are used to identify traces of hands and feet, means that provide general or directional illumination (OI-19, OI-9 illuminators, etc.), special light sources (electro-optical converters, ultraviolet illuminator, luminoscopes - devices for examining blue light, high-power ultraviolet flashlights for detecting luminescent marks at a distance of more than 1 m, vision devices in the dark), optical instruments (fingerprinting, measuring, binocular magnifiers), etc.

Tools are used to enter premises and open storage facilities; measuring instruments and weighing instruments, gardening and other tools, as well as means for packaging and sealing seized objects. To record the progress and results of a search, photographic, film and video equipment can be widely used.

Determining the time of the search has important procedural significance, because a search is an urgent investigative action. A slowdown in its production allows interested parties to take measures to hide what they are looking for and even destroy it. Slowness is unacceptable if there are legal grounds and a need to conduct a search. That is why timeliness and surprise are the most important tactical conditions for a search. Moreover, these conditions are interrelated. By complementing each other, they ensure the effectiveness of the search.

The choice of moment depends on the actual investigative situation, which is determined by the procedural grounds of the search, the availability of forces and means to carry it out, the possibilities of entering the search site, the expediency of the presence of certain persons (for example, the accused), etc. An important element in resolving the issue of time is the expected duration of the search and the possibility of carrying out search actions, for example, at night under artificial lighting. Sometimes it is more convenient to conduct a search at night (for example, in an office building); on the ground - in the daytime, because artificial lighting cannot always provide a high-quality examination. If the search takes a significant amount of time, it is better to start it early in the morning. At the same time, it is necessary to take into account the requirements of the law: the search, except in urgent cases, must be carried out during the day. However, the timing of the search should always ensure its surprise. If a person expects a search, it is advisable to conduct it, even if it turns out to be unsuccessful. After some time, a second search should be carried out, which may come as a surprise to the person being searched.

There are situations when a search cannot be interrupted in order to continue it after a certain, albeit short, time. In such cases, changes in the composition of the task force and continuity of work should be planned in advance; It is advisable to simultaneously replace not the entire group, but part of it, for rest and meals.

Determining the method of entry into a room or other object. To quickly and conflict-free enter the premises, it is recommended to use building management workers, other residents of the house, a doorman, and employees of the organization where the search will be carried out. If it is not possible to easily enter the house, then the operative worker should state his name, position, purpose of visit and demand to open the door, warning that otherwise the door will be opened in a different way and even broken into. In this case, it is not advisable to waste time, because the criminal can destroy or hide what he is looking for, which will complicate the search in the future.

Incorrect preparatory actions can lead to negative consequences and even loss of life.

Instructing and organizing interaction between search participants. The search is carried out in a certain order according to a pre-developed plan under the guidance of an investigator or operational worker. Tasks are distributed among its participants (who will search what premises, who will observe the behavior of the person being searched, carry out a personal search, draw up an inventory of the seized items, who will use what technical means, where, etc.). Attention is paid to the personal safety and specific actions of each participant.

If a search is carried out for a long time simultaneously in several rooms of one apartment, house and on a personal plot, then each person being searched is assigned separate places and two witnesses are invited.

Mutual information between search participants is required. This applies primarily to the detection of the objects being sought or similar to them, the identification of negative circumstances, unexpected reactions of the person being searched, the identification of objects whose belonging to the person being searched is in doubt, and other situations. Organization of interaction becomes more complicated during group searches. In this case, it is necessary to have unified management of operational groups, establish frequency and method of communication, including for unforeseen cases.

Drawing up a search plan. The considered preparatory work should be reflected in a plan that provides not only a program of actions for the search participants, but also sets a specific goal for each. Measures are predicted in case certain persons are in a given place or appear during a search, in case of telephone calls. It is necessary to plan for the possibility of carrying out other investigative actions during the search or immediately after its completion (interrogation, detention or arrest of the person being searched). The plan also includes actions aimed at preventing attacks on members of the task force, especially when entering a search site.

It should be noted that planning a search does not necessarily require drawing up a written plan, although often a written plan and even a diagram of the placement of search participants is required.

Question 3. Search tactics

Depending on the nature, content of actions and tasks to be solved, it is advisable to distinguish three relatively independent stage search - preliminary, working and final.

Preliminary stage includes entering the place being searched, placing external and then internal security at entrances, exits, windows, etc., in order to exclude the possibility of resisting or attacking, destroying or hiding the objects being sought. After entry, it is necessary to make sure who is in the premises, for which it is advisable to go around them with the participation of the person being searched, members of his family and witnesses, taking all precautions, and present a court decision to conduct a search, if it has not been presented earlier.

The investigator or operative officer explains to the person being searched and his family members their procedural position and offers to voluntarily hand over the sought items. If they have been issued and there is no reason to fear that the items being sought will be hidden, the operative officer has the right to limit himself to confiscating what was issued and not carry out further searches. As a rule, however, even if the required person is issued, the operational group begins the search. Its leader explains to the searched and other persons who find themselves at the search site that they must be in a certain place (in the same or different rooms), they are prohibited from approaching the windows, placing or removing objects on them, opening the curtains, or talking to each other. For phone calls and calls from front door they can answer only with the permission of police officers. In order to prevent communication with the outside world, constant security and surveillance are provided. Leaving this place is possible only with the permission of the head of the investigative and operational group. Those being searched and witnesses must be given the opportunity to see all the actions of the searchers.

The group leader determines the actions of other participants at the start of the search, if this was not provided for in the plan or the search situation has changed.

Working stage of the search consists of general (overview) and detailed examinations.

During a general examination, the investigator and operational workers directly familiarize themselves with the situation, decide on the boundaries and sequence of the search, highlighting the main components, on the use of technical means, the investigator distributes responsibilities between the members of the operational group and begins to implement the planned search plan, taking into account the changes made.

During a detailed examination, a direct search for the desired objects and their removal are carried out. This is a very responsible, complex and labor-intensive process. The tactics of a detailed examination largely depend on the type of search.

On final stage search The process and results of the examinations are recorded.

Tactical features of searching residential premises. Search operations in residential premises involve examining individual parts of the building (attics, kitchens, bathrooms, niches, etc.), as well as the belongings of the person being searched and his family members located in these places. The examination can be carried out by one operational worker, moving clockwise or counterclockwise. If two police officers are working in the same room, then it is advisable for them to move towards each other. In all cases, the consistency of the search must be ensured, regardless of whether continuous or selective survey methods are used. Sometimes, individual places are subject to priority random inspection, taking into account the possibility of destruction (a burning stove, garbage chute) or hiding of the desired items (public places). When the location of the sought items is known in advance from procedural sources, it is immediately examined. The suddenness of discovery may prompt those being searched to voluntarily give up objects hidden in other places. If the hiding place became known from operational sources, then it is advisable not to immediately inspect it so as not to decipher the source of the information.

Inspection of office, industrial premises, entertainment venues has features due to its large area, the impossibility of stopping production activities, completely isolating the premises being searched and those present, and also keeping the fact of the search secret. In such situations, a significant number of police officers should be involved in searches. It is better to conduct a search at a time when there are no or few employees of the enterprise and visitors. Depending on the size and characteristics of the premises, the number of those present, and their attitude to the upcoming search, additional police forces are attracted to cordon off the building and control movement inside it.

It is necessary to inspect employee workplaces (desks, safes, ballot boxes, paper containers, desk calendars, wardrobes, as well as televisions, intercoms, flower pots, books, portraits, etc.).

Search in a hostel, hotel begin by inspecting the place where the bed and belongings of the person being searched are located. Those living with the person being searched are asked to check their belongings and find out if the desired items are among them. If there are grounds, a search of these persons may also be carried out. However, this requires a separate ruling.

In the process of examining premises and furniture, it is necessary to pay attention to signs indicating the possible location of a hiding place: traces of fresh painting, whitewashing, plaster, the presence of boards, logs, tiles, sheets, as well as freshly pasted wallpaper that is different in its appearance from the surrounding surface of the floor, ceiling, walls; different composition and color of the substance in the grooves between boards, tiles, sheets of the same surface; the presence of a convexity (depression); discrepancy between the internal and external dimensions, weight and dimensions of the object. Therefore, you should measure the width of the walls in different places, tap furniture, walls of residential and non-residential buildings (sheds, garages, barns, chicken coops, dovecotes, doghouses, etc.). Inspect the places where the nails are driven in. The shiny head of the nail and traces of a hammer blow on the wood indicate that the boards in this place were recently nailed. In parquet floors, by rocking or tapping the planks, you can determine whether they are moving.

Mattresses, pillows, blankets, upholstered furniture are checked using a long needle or knitting needle; Attention is drawn to replacing furniture upholstery. Sometimes it is advisable to turn over tables, chairs, armchairs, and cabinets. Collapsible furniture is disassembled. Boiling pots, a kettle, a lit kerosene lamp, and a candle are checked; liquids overflow, bulk substances (flour, cereals) overflow. In books and notebooks, the bindings, covers, wrappers are looked through, and sometimes every page is turned over. Pay attention to documents, notebooks, draft self-accounting records, addresses and telephone numbers. If there are grounds for subsequent appointment of examinations (handwriting and others), then you should look for samples of handwriting, signatures, and typewritten texts.

During examination motor vehicles inspect the interior or cabin, the inside of tubes and tires, the engine, the body, the cargo on the vehicle and other items. It is advisable to conduct the search with the participation of a specialist auto technician.

Open area(garden, vegetable garden, yard) must be walked around, divided into separate areas (sectors), and places (“nodes”) identified that should be examined in detail. They examine the soil, roots of trees and shrubs, wells and pumps, fence stakes, tree hollows, grass, flower beds. Heaps of garbage, manure, and firewood need to be scattered or pierced with a rod. In some places the soil is watered. Rapid absorption of water indicates recent digging. They use probes, magnetic finders, metal detectors, body detectors and other search equipment. Divers are used to inspect water bodies.

During the search, operational workers should take into account psychological factors that influence the arrangement of caches: calculations for disgust (the desired items are hidden in a latrine), tact and correctness of the searcher (a cache in a monument, the grave of a loved one), fatigue and automaticity (a cache in one from many homogeneous objects). The behavior of those being searched may also indicate the location of the hiding place. Sometimes those being searched, in order to divert attention from what they are looking for, deliberately provoke conflict situations, try to provide “help” to those searching, try to go to another place, call, punish a child for no reason, feign a sudden illness, etc. Therefore, it is important to skillfully resolve conflict situations, sometimes return to the examination of already inspected objects, and constantly monitor the behavior and reaction of those being searched.

Personal search carried out by a person and with the participation of witnesses of the same sex as the person being searched. At the place of detention or arrest, a personal search is often carried out with the aim of seizing weapons and other items that can be used for attack or suicide. A detailed search is carried out later in a more favorable situation. The examination is carried out from top to bottom, starting from the headdress and ending with shoes and objects in the person being searched.

When examining the headdress, pay attention to the lining, the oilcloth strip inside, the places where the label is glued, and the visor. As the inspection progresses, individual items of clothing are removed and the spaces between the padding and the fabric, cuffs, hems, flaps and the inside of pockets are inspected.

In shoes, heels, soles, insoles, and lining are examined. They examine areas of clothing and shoes where traces of repair are visible, for which suspicious areas are pierced with a needle and ripped open. Each item is carefully examined, turned inside out, and felt.

Suitcases, bags, cigarette cases, parcels, umbrellas, pens, wallets, notebooks, books and other items are also examined.

The personal search ends with an examination of the body. Hair, armpits, hands, soles, prosthetic arms and legs, bandages, mouth, ears and other openings in which small objects can be hidden are checked. After the search is completed, in the presence of witnesses, the place where the personal search was carried out is inspected, since items thrown out by the person being searched can be found there.

Question 1. Concept and types of presentation for identification

Presentation for identification is a procedural action, the essence of which is the recognition by the victim, witness, suspect or accused of a perceived object as already known to him from past experience. The purpose of this action is to determine whether the presented object is the same one that the identifier previously perceived in connection with the event under investigation.

In investigative practice, relatively many mistakes are made related to incorrect assessment of the results of presentation for identification. Hence, it is very important to comply with all the formal requirements of procedural law, rules and recommendations of forensic tactics, which maximally guarantee the reliability of the results obtained.

The identification may be a witness, victim, suspect or accused.

The identifying person is first interrogated about the circumstances under which he observed the relevant person or object, signs and features by which he can make an identification.

The identifiable person is presented together with other persons who, if possible, are similar to him. The total number of persons presented for identification must be at least three. This rule does not apply to the identification of a corpse.

Before the presentation begins, in the absence of an identifier, the person being identified is asked to take any place among the persons being presented, which is noted in the protocol.

Identification of an object can be made from a photograph presented simultaneously with other photographs depicting objects similar to it and to each other, in an amount of at least three.

The object is presented in a group of homogeneous objects.

Before identification, the witness or victim is warned of liability for refusal or evasion to testify and for giving knowingly false testimony.

During the presentation process, the identifier is asked to identify the person or thing about which he previously testified. Leading questions are not allowed.

If the identifier pointed to one of the presented persons or one of the objects, he must explain by what signs or features he recognized this person or object.

Presentation for identification is carried out in the presence of witnesses.

A forensic specialist or a specialist in another field of knowledge (psychologist, physician) can participate in the production of identification.

Participation of the defense attorney in the presentation for identification is possible from the moment he is admitted to participate in the case, when his client is being identified or identified.

A protocol on presentation for identification is drawn up in compliance with the requirements of Art. 166 and 167 of the Code of Criminal Procedure of the Russian Federation.

The protocol contains information about the identity of the identifying person, persons and objects presented for identification. Whenever possible, the identification testimony is presented verbatim.

All persons participating in the presentation for identification, including the identified person and his defense attorney, have the right to make comments to be included in the protocol.

To record the process of presentation for identification, scientific and technical means (photography, filming, video and sound recording) can be used, which is noted in the protocol.

The procedural law speaks of presenting living persons, corpses and objects for identification. In practice, the range of identifiable objects is much wider. In forensic science, there is a distinction between presentation for identification of living persons; corpses and their parts; items; animals; premises and areas.

The object can be presented in kind, from a photograph, film or video image, or phonogram. Presentation for identification must be distinguished from operational search activities to establish an identity, a corpse, objects, etc., based on their recognition.

Most often, this is done by showing the victim, witness photographic photographs, video recordings or film footage of people in order to identify them. Victims and witnesses, and sometimes accused or suspects, with their voluntary consent, can be included in the search group to recognize those wanted on the streets, in public places, etc. In their psychological essence, such operational-search actions are close to presentation for identification. Fundamental differences they are in the area of ​​procedural nature. Identification of a person through recognition during operational search activities makes it possible to identify objects - possible carriers of evidentiary information, and not evidence, since this data obtained non-procedurally cannot serve as evidence.

Presentation for identification should be distinguished from tactical methods of interrogation, when in order to revive memory, clarify or detail testimony, expose a lie, etc. the interrogated person is presented with this or that object for inspection (physical evidence, written documents), recording this in the interrogation protocol in the form of questions and answers. Here it is necessary to take into account that if an object is to be presented to a given person for identification, it should first be presented and then used during interrogation; the opposite may lead to the loss of evidence.

Question 5. Preparation for presentation for identification

Preparatory measures largely ensure the legality and reliability of the identification results and include an analysis of the investigative situation and the decisions made to carry out this investigative action; interrogation of the person to whom certain objects are supposed to be presented; selection of objects to be presented for identification; selection of conditions that are most favorable for identification and preparation of the appropriate environment; invitation of a specialist; checking the readiness of the required scientific and technical means of fixation; selection of witnesses.

The decision to present for identification and the choice of timing are directly dependent on the degree of familiarity of the future identifying officer with the object of identification and the availability of evidentiary and guiding information contained in the materials of the criminal case. Delay can lead to fading in memory of the identifying features (image) of a previously perceived object.

Previous interrogation is an important source of information for making a decision about presentation for identification. Its goal is to detail the situation in which the interrogated observed the corresponding object, to clarify the degree of familiarity with it, its signs (signs). In this case, it is necessary to establish objective and subjective factors that influence the completeness and correctness of perception, memorization and reproduction. Thus, it is necessary to find out what state the interrogated person was in before the start of the event, during and after the observation, what was the focus of attention, duration of perception, factors preventing this, etc. The opinion of the interrogated person must be clarified, whether he will be able to identify the previously observed object among the others similar. If the answer is positive, you need to highlight the signs (signs) of the object, which will serve as the basis for identification.

Investigative and judicial practice indicates that identification that is not based on a preliminary description of signs (signs) or is based on contradictory testimony about them has significantly less evidentiary value. This assessment is consistent with psychological data that a reliable criterion for the strength of memory is reproduction carried out in the absence of objects that caused the corresponding memory traces.

The most important stage of preparation is the selection of objects, including those presented for identification. It is especially difficult to invite persons who resemble the person identified by signs characterizing external anatomy (the body as a whole, parts of the body and face, type of face, expression of their signs and characteristics). The clothes of those presented should also not have sharp differences.

It is most convenient to select the necessary types of human analogues in dormitories and other public places. Their participation in presentation for identification is voluntary, therefore explanatory work and consent are required. It is necessary to exclude the invitation of people familiar to the identifier, and also not to allow a preliminary meeting of the identifier with the identifiable person and the persons among whom he will be identified at the places of the investigation. Violation of this requirement negates the positive result of the identification.

The preparation of photographic cards of living persons for presentation for identification must comply with the above rules.

The preparation for identifying a corpse is specific. Special meaning has the condition of his head and face. These parts of the body are greatly changed due to decomposition processes or mechanical stress. The presence of such changes makes identification difficult. In this case, with the participation of a medical specialist, the deceased is given a look similar to what he had during life. All manipulations can be carried out only after an investigative examination and forensic medical examination of the corpse. If the head has changed due to swelling of the skin and color, but the skin has not yet been broken, the skin is treated (the “toilet” of the corpse). When the head has suffered from mechanical impact or from developing cadaveric phenomena, its restoration is carried out. If a corpse is found clothed, during identification it must be wearing the same clothes, although, if necessary, the person identifying is given the opportunity to examine the deceased in the nude.

Photographs of the corpse prepared for presentation are made using identification photography methods.

Objects selected in order to place among them the one that is to be identified must be characterized by homogeneity, i.e. be quite similar in appearance (analogue objects). Such items can be borrowed temporarily from citizens, in institutions, from the ownerless, etc., by recording this fact in a procedural document.

The same is done when selecting animals for presentation for identification.

During the preparation process, conditions favorable for identification are selected: the place and time of the investigative action, the location of the subjects and the identifying person, lighting, etc. If necessary, measures are taken to create conditions most favorable for recognition. As a rule, the office is chosen as the place of presentation for identification. The room should be sufficiently spacious and well-lit. It is also necessary to provide security measures for the identifying person in the event of presentation of persons who have committed serious violent crimes, measures to prevent their escape.

Both the preparation and the presentation for identification may require the participation of a specialist.

A specialist - a forensic physician - participates in the preparation of a corpse for identification and in the process of its identification. If the person identifying is a minor, it is advisable to involve a specialist in the field of child psychology.

Recording the process of presentation for identification using filming, photography, video and sound recording requires the participation of a forensic specialist or another person with skills in working with equipment. It is necessary to make sure in advance that scientific and technical means are ready, and if necessary, replenish them.

Immediately before presentation for identification, the identifying officer is explained the essence of the upcoming investigative action, psychological preparation so that the unusual situation does not cause him feelings of confusion, fear, shame. Giving any instructions for identification is strictly prohibited.

Question 6. Tactical presentation techniques for identifying people

In the presence of witnesses (defender), the person being identified and the citizens, among whom he will be presented, are placed in the place where the investigative action is to take place (office, area). The person identifying must be in a different place so as not to see those presented in advance. Those present are explained their rights and obligations, the essence of the investigative action, the requirement of procedural law that the person being identified must be together with others similar in appearance. It is important to find out whether there are any statements regarding the correct selection of the persons presented. Often such a question is not asked, since the invited citizens are considered only extras (performing a role without words), or is raised in general form(“What comments are there?”) at the end of the investigative action.

The correct selection of persons, including the person being identified, is so important for assessing the evidentiary value of the identification that this element of the beginning of the presentation for identification must be carefully recorded procedurally. It is better to listen to the comments immediately and make an appropriate decision than to receive them at the end and lose the proof.

Despite the fact that the criminal procedural law does not specifically regulate the procedural status of persons, among whom is the identifiable person, they should be classified as participating in investigative actions with all the ensuing legal consequences. Having voluntarily agreed to participate in the investigative action, these persons are obliged to provide their identifying information, answer the investigator’s questions if it is necessary to listen to their voice and speech, follow instructions about changing posture, etc. In case of a warning, they must not disclose the investigation data that has become known to them. At the same time, invited citizens have the right to reimbursement of expenses incurred in connection with their arrival and participation in the identification parade.

After establishing the fact of the correct selection of persons who will be presented, the person being identified is invited to take any place among them. Following this, an identifying person is invited. To eliminate any doubts about objectivity, it is advisable to invite an identifying officer by telephone. After the identifying officer has entered, it is necessary to verify his identity, explain the essence of the investigative action being carried out, and warn (if he is a witness or victim) about responsibility for refusal, evasion, or giving knowingly false testimony. Once you are convinced that there are no objective or subjective reasons that impede perception, you should invite the person identifying to carefully examine the citizens presented. The position and poses of the identifiers can be changed either at the request of the identifier or by the decision of the person carrying out the investigative action. For a more complete perception of the signs, those presented can be asked to stand up, walk a certain distance, make certain movements, and utter certain words or phrases. In this case, techniques that contain a hint of the desired result are unacceptable.

The behavior of the person identifying and the person being identified should be observed. Naturally, in this case, the characteristics of behavior are not evidence, but for the internal conviction of the investigator or the person conducting the inquiry, they are important as a guiding factor and can be useful for further decisions. Thus, while conducting an identification parade in a murder case, the investigator observed the uncertainty of the identifying officer, who ultimately stated that he recognized the suspect. Having doubts about the correctness of the identification, the investigator later further interrogated this witness and found out that the identified person only vaguely resembled the person whom the witness saw at the crime scene. The witness, according to him, wanted to help the investigation, and therefore categorically announced the identification. Thus, a serious error was corrected in a timely manner.

The person identifying should not be rushed. To find out his judgment about the persons presented, it is necessary to ask the question: “Do you recognize any of the citizens presented?” There are three possible answers: categorical positive (“I recognize him as the same”), presumptive (“Looks more or less like the one I saw before”) and negative (“I don’t recognize”).

It is often difficult to draw a conclusion about the results of the identification from the initial response of the identifier. He answers the investigator’s question in monosyllables: “Yes, I recognize it,” “It seems similar,” etc. The art of the person conducting the presentation for identification is to, using tactical techniques, asking clarifying, detailing, and sometimes Control questions, help the identifier reveal and justify his judgments. Under no circumstances should you be limited in general terms identifying. Specific signs and characteristics by which the person is identified must be named. Only in the case when the identification is based on signs that individualize a given person can one judge the evidentiary value of the identification.

At the request of the investigator, the identifying person shows the identified person, simultaneously naming the place where he is located (for example: “I identify the citizen sitting in the center, among two other persons presented”). It is necessary to find out from the identifying person whether he has met the identified person before and under what circumstances.

In the case of categorical identification, the identifying officer’s explanation should only contain brief information about the situation in which the identified person was perceived, since he was questioned in detail about it. When presented for identification in cases of rape and other cases where intimate parts life, for ethical reasons, it is undesirable to repeat in the presence of strangers testimony that causes shame in the identifying officer, one should limit oneself only to establishing the fact of identification and stating that this is the same person about whom the identifying officer previously testified in connection with the event under investigation.

If the identifier states that, along with the appearance features by which he recognized the identified citizen, he well remembered the special features on his body (tattoos, scars, etc.), covered by clothing, the question arises about the possible limits of exposing the body of the identified person. In this case, one must be guided by the requirement of the law about the inadmissibility of actions that humiliate the honor and dignity of a citizen, and take into account the feeling of shame that may arise among witnesses and participants in the investigative action. To make sure that the identified person has any special features, it is necessary to carry out an examination.

It is recommended to clarify whether there was an accidental or deliberate meeting between the identifier and the identified person after the event, but before this investigative action was carried out, whether he is familiar with the persons among whom the identified person was presented, or whether he saw them by chance before the presentation. Such data is needed to evaluate identification and predict its evidentiary value during the investigation and trial.

If the answer of the person identifying is presumptive (the person identified is similar to the one he saw earlier), it is also necessary to clarify what signs are similar, its degree, what are the differences, why is there no certainty that this is the same person. Presumptive identification is also subject to evaluation in the system of collected evidence.

The identified person is not required to confirm the identification testimony. But a statement about incorrect identification (or otherwise) is entered into the protocol. If the identified person tries to immediately begin clarifying the contradictions, it must be explained to him that this will be done in a confrontation.

In the case where there are several identifiable persons in the case, but there is only one identifying person, the presentation of such persons is carried out separately. If there are several identifiers, presentation for identification is made to each of them separately. It is necessary to create conditions so that those identifying before being presented for identification do not communicate with each other, and those who have already participated in the identification do not contact the others waiting to be called in order to avoid influencing each other.

§ 1. General provisions interrogation tactics

There is not a single criminal case in which interrogation is not carried out, which is the most effective means of obtaining and verifying evidence obtained from other sources.

The rules of interrogation are regulated in Art. Art. 187 - 191 of the Code of Criminal Procedure of the Russian Federation, they are mandatory for all persons conducting this investigative action. However, the criminal procedure law establishes only the basic rules of interrogation, which have general character. It does not and cannot provide for all the tactical techniques that must be applied in order to obtain and record the most reliable evidence in specific conditions.

These tactics largely depend on the nature of the criminal case and individual characteristics the person being interrogated. If the rules of interrogation established by the criminal procedural law are mandatory, and their failure to comply is considered a violation of the law and entails the invalidity of the results of the investigative action, then the use of certain tactics depends only on the discretion of the investigator and the specific investigative situation.

In the literature, interrogation is interpreted as an investigative action consisting in the direct receipt and recording by an authorized person of the testimony of a participant in criminal proceedings about circumstances relevant to the case.

Interrogation is one of the complex investigative actions that require the investigator to have deep professional knowledge, skill, communication culture, psychological skills. To successfully carry out this investigative action, the subject of proof must imagine what information and how can be obtained from the interrogated person.

IN in a general sense purpose of interrogation- obtaining complete, reliable and objective testimony, which is evidence. The range of tasks that are solved during the interrogation is defined as the subject of the interrogation, depending on the circumstances of the crime under investigation.

Investigative practice and forensic theory know several types of interrogation, which are distinguished on the following grounds:

1) according to procedural provisions the interrogated person is distinguished between interrogation of a witness, victim, suspect and accused, expert, specialist and other participants in the process;

2) by sequence A distinction is made between initial and re-examination. During the initial interrogation, the subject most often is to clarify the circumstances of the case in full. During repeated interrogation, the investigator again returns to the circumstances that are already known in general terms, in order to clarify them, specify them and identify possible contradictions;

3) depending on the amount of information received interrogation can be main or additional;

4) according to the age of the interrogated: interrogation of an adult, a minor and a minor;

5) by composition of participants: with the participation of a lawyer, teacher, specialist, translator, legal representatives.

Like any investigative action, interrogation is divided into three stages: preparatory, direct production and recording of results.

An important condition for effective and successful interrogation is its proper preparation. The content of these investigator actions includes:

Studying the materials of the criminal case;

Obtaining, if necessary, information from a knowledgeable person on special issues related to the subject of interrogation;

Studying the personality of the interrogated: his characteristics, interrogation protocols of relatives, acquaintances, etc.;

Drawing up an interrogation plan with a specific list of questions to be clarified;

Preparation of evidence that can be presented during interrogation;

Organization of optimal conditions for interrogation;

Choosing the time and method of calling for interrogation;

Preparation of technical means.

Due to the complexity of this investigative action, the direct conduct of the interrogation can be divided into three stages: general, free story stage and question-and-answer stage.

The general stage is to establish the identity of the person summoned for questioning: full name, position and place of work, place of residence, criminal record. Further, if the person being interrogated is a witness or victim, he is warned of criminal liability for refusal to testify and for giving knowingly false testimony; if the accused or suspect, then his attitude to the charge (suspicion) is clarified, the provisions of Art. 51 of the Constitution of the Russian Federation.

After completing these mandatory formalities, the investigator invites the interrogated person to tell himself about the circumstances relating to the criminal case under investigation. Here it is not recommended to interrupt the person giving testimony, even if the investigator already knows the facts being presented or if the person being interrogated gives false information.

The value of a free story is quite great, since the interrogated person reports the circumstances of the case known to him at his own discretion. Often the investigator learns about facts previously unknown to him, which allows him to put forward new versions. If the interrogated person in his story goes far from the topic of interrogation, then the investigator has the right to remind him of the need to testify on the merits of the case.

In the case when the interrogated person is silent about information known to him or cannot remember individual facts or details of the crime, or the data he provides contradicts the case materials, the investigator proceeds to the question-and-answer stage. Here it is necessary to use tactical techniques that are selected depending on the current situation and the procedural position of the interrogated. However, you must always remember the general tactical recommendations, which boil down to the following:

Staging is not allowed leading questions, i.e. those that implicitly contain the answer desired by the investigator;

Threats, deception and blackmail, physical or mental violence, humiliation of honor and dignity are unacceptable.

The behavior of the investigator during interrogation comes down to the fact that he must first of all establish psychological contact with the person being interrogated, instill his trust and respect. This can be achieved through attentiveness, calmness, seriousness and objectivity. The interrogation should be conducted politely, evenly, but at the same time, when necessary, show firmness and persistence. The investigator should not deceive the interrogated person, promise something that obviously cannot be fulfilled.

When choosing interrogation tactics, a number of conditions are taken into account, including the psychological characteristics of the formation of testimony, the specifics of the case under investigation and information about the personality of the interrogated.

Any testimony of a person during interrogation consists of the reproduction of facts of objective reality previously perceived and retained in memory. Consequently, the process of forming evidence can be divided into three conventional stages: perception, memorization and reproduction.

The nature of perception and its completeness depend on a number of objective and subjective factors. Objective conditions that negatively affect perception include: poor lighting, weather conditions, distance to the observed object, transience of the event, etc.

Subjective factors depend on the characteristics of the state of a person’s sensory organs, with the help of which he perceives facts, and his general state at the moment of perception. For example, fear heightens perceptions and promotes exaggeration of danger.

In addition, in some cases, subjective factors are the cause of unintentional lies. These include: a) advanced age, which can affect, for example, clarity of perception due to deterioration of vision and hearing; b) various types of injuries and diseases that negatively affect the process of correct perception, preservation and transmission of information; c) low educational and cultural level.

Using psychological data about sensations, perception, memorization and reproduction, during the interrogation process it is necessary to help restore forgotten circumstances in memory. Psychology data allows one to correctly determine the cause of incompleteness and contradictions in testimony, and help choose tactical techniques to fill gaps in testimony and eliminate contradictions in them.

Despite the individuality of the choice of tactical techniques depending on the current investigative situation and the procedural position of the person, there are general rules or principles of interrogation, which include purposefulness, activity, objectivity and completeness.

The purposefulness of the interrogation means that the investigator has a specific idea about the subject of the interrogation and carries it out in the right direction.

The activity of interrogation presupposes the ability of the investigator to maintain the initiative, to apply the most effective tactics in the current situation, while observing the requirements of the law, morality and ethics.

The completeness and objectivity of the interrogation means that, firstly, the investigator seeks to obtain all information related to the crime under investigation and, secondly, he does not have the right to change the testimony of the person being interrogated or impose his idea on him.

§ 2. Features of the tactics of interrogating witnesses and victims

Interrogations of witnesses and victims are the most common investigative actions carried out in criminal cases. According to Art. 56 of the Code of Criminal Procedure of the Russian Federation, a witness is a person who may be aware of any circumstances relevant to the investigation and resolution of a criminal case, called to testify.

During the interrogation, the witness must indicate the source from which he became aware of the facts presented. In general, the law does not impose any age restrictions on witnesses. This participant in the investigation can be adults, minors, and even minors. However, the assessment of the information received should depend on their ability to actually perceive what is happening. In most cases, the witness is a person not interested in the investigation of the criminal case.

Victims according to Art. 42 of the Code of Criminal Procedure of the Russian Federation is individual to whom physical, property, or moral harm has been caused by a crime, as well as a legal entity in the event of damage to its property and business reputation by the crime. Unlike a witness, the victim has an interest in the investigation and its outcome. This circumstance, as well as knowledge of the materials of the criminal case, the psychological state at the time of the crime have a certain influence on his testimony, which must be taken into account when assessing them.

In addition, both the witness and the victim, as a rule, are bona fide participants in the preliminary investigation, and conflict situations rarely arise during their interrogations. With the exception of the stated procedural and psychological differences, the tactics of interrogating witnesses and victims are quite similar.

The success of interrogating witnesses and victims lies in obtaining from them reliable testimony about all known facts relevant to the case. To do this, the investigator must be well prepared for the interrogation of these persons. First of all, based on studying all the materials of the criminal case, he must outline the circle of persons to be called as witnesses, since they are capable of highlighting certain circumstances that are significant for the case. At the same time, it is necessary to avoid calling persons whose testimony cannot add anything to the facts already collected.

As practice shows, calling a smaller number of witnesses to a court hearing compared to the number of those questioned at the preliminary investigation stage is almost a common occurrence. However, the large difference in the number of witnesses questioned during the investigation and at the trial indicates that the investigator carried out this investigative action without proper preparation, without thinking through how necessary it was to call this or that person. Ideally, each interview with a witness should move the investigation forward.

Having carefully determined the circle of witnesses, the investigator outlines the order of their interrogation and the order of calling. Correctly resolving these seemingly technical issues is often essential to obtaining the most valuable and reliable information. testimony. In one situation, the investigator may plan to call witnesses in a certain order dictated by the interests of the investigation; in another, he may consider it more appropriate to call several witnesses at the same time. In this case, naturally, the witnesses called at the same time must be isolated from each other so that they cannot communicate with each other both before and after the interrogation.

When preparing to interrogate a witness or victim, the investigator must study in detail the available case materials. This will allow him to outline in advance the range of issues to be clarified. The frequent repeated interrogations of these persons are mainly explained precisely by the fact that the investigator had not previously examined known facts and as a result, I forgot to ask important questions for the case. The sequence of questions asked is also thought through.

When calling witnesses and victims for questioning, it is always advisable to collect information about those being questioned in order to be able to properly conduct the questioning and obtain the most valuable and reliable evidence. It is often recommended to have objective (and not obtained from the words of the interrogated) information about his attitude towards the accused, suspect, about their relationships, which will allow the investigator to form a certain idea about the witness or victim.

The law does not establish specific place conducting an interrogation of a witness or victim. Depending on the circumstances of the case and existing conditions, the investigator may conduct interrogations of these persons both at the place of the investigation and at the location of these persons. Providing the investigator with a choice of the place of interrogation serves the purpose of ensuring the receipt of reliable testimony and the most effective interrogation.

The direct interrogation begins, as already noted, with general stage, during which, according to the law, the investigator must: verify the identity of the witness or victim; establish their relationship to the parties; warn about criminal liability for refusal to testify and for giving knowingly false testimony, making the necessary notes in the protocol.

The identification of witnesses and victims does not only involve interviewing them and recording their personal information in the protocol. The investigator must check the passport or other identification documents of the summoned persons. This is explained by the fact that the investigation is not always carried out by the investigator who initiated the criminal case, who went to the scene of the incident and is already familiar with the witnesses and victims. In addition, in investigative practice there are cases when, instead of a called witness, another person appears, posing as an eyewitness to a crime. Checking the documents of summoned persons will eliminate the possibility of false witnesses testifying.

Quite important is the requirement for the investigator to establish the relationship of the witness and the victim to the parties. This must be done primarily for the subsequent correct assessment of the testimony of these persons.

In investigative practice, there are often cases of deliberate giving of false testimony by a witness or victim on the basis of hostile or, conversely, friendly, close relations with the accused or suspect. Such witnesses and victims are usually driven by a feeling of revenge, a desire to harm their enemy, or a feeling of pity. But even having found out the existence of a special relationship between these persons, the investigator should not come to an unambiguous conclusion about the unreliability of their testimony. He is obliged to more carefully and thoroughly check the evidence received and evaluate its reliability in comparison with other materials in the case.

No less important is the third requirement of the law, which is to warn the witness and the victim about criminal liability for refusing to testify and for giving knowingly false testimony. Such a warning serves as a certain guarantee that the witness and the victim will give the most reliable testimony, will try to more accurately reproduce in them everything perceived and preserved in memory, and will force them to treat the circumstances presented with responsibility.

Next, at the free-story stage, the investigator invites the witness or victim to state everything they know about the case on their own. When presenting testimony, the interrogated person has the opportunity to concentrate better, remember everything he saw or heard, and more correctly and accurately reproduce the details of the events described. In addition, during a free story, a witness or victim can report facts that were not known to the investigation.

At the end of the free story, if necessary, the investigator asks the interrogated questions aimed at concretizing and clarifying the testimony received, as well as at clarifying data that was not mentioned in the free story.

In some cases, clarifying and additional questions may be necessary to help a witness or victim update forgotten circumstances. Such reminder questions should not be leading. For example, you cannot ask: “Was the person you saw wearing a gray coat?” The correct wording of the question in this case would be: “What color coat was the person you saw wearing?”

If the witness does not refer to the sources of his knowledge, then it is necessary to ask questions aimed at identifying these sources or data with which his testimony can be confirmed.

In order to expose possible or suspected lies in the testimony of witnesses interested in the outcome of the case, the investigator formulates questions in such a way as to clarify the circumstances under investigation with exhaustive completeness and in the smallest detail. As practice shows, a witness who gives false testimony is not able to prepare in advance for a detailed interrogation, to provide for all the details of the event that the investigator may ask about. If you carefully analyze such testimony and compare it with other evidence, it will not be difficult to expose the lie. The testimony will turn out to be contradictory and will contain a number of significant errors in the description of the details of the event, facts, persons and objects.

When investigating criminal cases, in some cases, bribery of a witness or victim may occur in order to give unreliable testimony. Typically, this is initiated by relatives of the suspect or accused and other interested parties (members of an organized crime group remaining at large, accomplices, etc.). In such a situation, it is not always possible to identify the existence of special relationships between these subjects. However, in this case, the investigator must compare the evidence received with the materials of the criminal case, find out the reason for the change in the testimony of the witness or victim and take measures to eliminate the influence on them from the opposing side.

In some cases, in order to establish the truth, the investigator may detail in the interrogation protocol the testimony of a witness that contradicts other evidence, and after signing the protocol, present him with evidence that refutes the previously given testimony and ask questions that require the witness to provide a detailed explanation of the contradictions that have arisen. These questions and answers are recorded as verbatim as possible in the minutes.

In addition to proper preparation for the interrogation, knowledge of the psychology of the testimony of the witness and the victim, studying their personality and attitude to the crime under study, it is recommended to observe the interrogated. At the same time, the investigator notices certain changes in their behavior (rudeness, harshness, attentiveness), mood (depressed, joyful) and external manifestations (pale, blushed, worried) and, taking into account the psychology of the interrogated, finds the correct explanation for them, drawing the necessary conclusions and adjusting interrogation tactics accordingly.

The results of the investigator's observation of the interrogated persons, naturally, are not entered into the protocol, since they are not evidence. The investigator takes them into account only in order to delve into the psychology of the interrogated, correctly evaluate the testimony given and, as a result, ensure their veracity.

The testimony of the witness and the victim must be complete. In some cases, witnesses or victims, not knowing what exactly is important to the case, may not talk about the most important things unless the investigator directly asks them about it. Such participants in the investigation do not pursue the goal of deceiving the investigator or concealing facts known to them from him. They simply do not know that these facts are important to the case, and sometimes do not suggest the existence of any connection between the known circumstances and the crime being investigated. In such cases, finding out everything known to the witness or victim depends solely on skillful preparation for the interrogation and on the correct tactics.

The success of the interrogation of a witness and a victim depends on the ability of the investigator to direct the attention and memory efforts of these persons to the correct coverage of the circumstances known to them and that are significant in the case, to help the witness remember and truthfully state forgotten details, to correctly formulate control questions, and as a result of all this to obtain reliable testimony.

Has some features interrogation of minor witnesses, which are determined by the properties and degree of their development. A fairly common mistake made by many investigators is that they do not see much of a difference between interrogating adults and minors, and especially minor witnesses. Their testimony is presented in the language of an adult, and questions are asked without taking into account the child’s psychology. Investigators often consider the testimony of children to be more sincere and truthful, which is also a mistake. Children have great powers of observation, but we must not lose sight of the tendency of children, especially young ones, to fantasize and their suggestibility.

It is also impossible not to take into account the fact that minors often perceive their surroundings unreliably. They often unconsciously fill in the gaps in their memory with the stories they hear. In addition, children are easily excitable, sometimes in an unusual interrogation environment, out of excitement, they incorrectly reproduce in their testimony what they heard or saw. In a number of cases, the unreliable testimony they give is the result of the minor’s desire to quickly get rid of the investigator’s questions, and often the desire to boast of his knowledge.

The interrogation of minor witnesses should be resorted to only in the absence of other opportunities to establish the sought facts. Having recognized the need to interrogate a minor witness, the investigator must carefully prepare for this investigative action. He studies the personality of the minor, his social circle, decides in whose presence (teacher, psychologist) the interrogation should be carried out, chooses the place and method of calling for interrogation.

The investigator finds out the degree of development of the minor or juvenile, their characteristics (impressiveness, observation, shyness, timidity, etc.), interests, with whom, in what setting and environment he lived, with whom he communicated. last period time, whether he could have been influenced and influenced by interested parties. All this is extremely necessary for the tactically correct interrogation of a minor witness or victim, ensuring the subsequent assessment of their testimony.

When resolving the question in whose presence to interrogate a minor, the investigator takes into account that it is most advisable to interrogate him in the presence and with the participation of a relative or close person who treats him well and whom the child trusts. Often, shy children do not want to talk to an investigator who is completely unfamiliar to them and answer his questions. In such cases, the presence of close persons provides the investigation with an invaluable service, since it calms the minors, and they, listening to these persons, tell the investigator everything they know about the criminal case.

However, the investigator must also take into account that sometimes parents or relatives are interested in the outcome of the case, and therefore in the certain content and nature of the minor’s testimony. In such cases, these persons, being present during the interrogation, through facial expressions, gestures, individual remarks, and the tone of the conversation, can influence the interrogated person and force the minor to give false testimony. Therefore, if the investigator is not completely sure that the parents or relatives of the minor are not interested in the outcome of the case, they cannot participate in this investigative action. Then it is advisable to invite a teacher or child psychologist. The presence of this specialist is necessary in all cases where the investigator has doubts about the minor’s ability to testify. The psychologist will subsequently give an opinion on the ability of the interrogated person to correctly assess the current picture.

An equally important issue is the choice of place for questioning a minor or young witness. It must be taken into account that a special atmosphere must be created for the interrogation of a minor. It is irrational to carry out this investigative action in an official setting. Depending on the circumstances of the case, it is advisable to interrogate a minor or young witness at school, kindergarten, or at his place of residence, i.e. in an environment that is familiar and familiar to the child. In addition, it is important to think in advance about the wording of the questions to be clarified, taking into account the development and individual characteristics of the person being interrogated.

In some cases, a minor witness can be summoned by summons, which does not apply to a minor interrogated, who is invited through a teacher, educator, or parents. In another case, the investigator comes to school without warning, kindergarten etc. to conduct the interrogation and invites adults on site. But in all cases, based on the interests of the case, the investigator must prevent the possibility of negative influence on the minor from adults.

Given the increased sensitivity and impressionability of minors, the tone of the investigator during interrogation is of great importance. Official speech, which can only frighten a minor, make him wary and withdraw into himself, is completely unacceptable. The questions formulated should be simple and understandable to the person being questioned. Knowing, for example, that a minor is timid and shy, the investigator tries to get him to talk by talking about topics that interest the teenager. In general, the entire interrogation of a minor should take place in a conversational mode.

A properly organized and conducted interrogation of a minor or young witness (victim) consists of the investigator’s skillful approach to the interrogated person, resulting in a frank and truthful statement of facts that are important to the case. No interrogation tactics can replace the creative initiative of the investigator, a thoughtful and sensitive attitude towards the interrogated, and the establishment of psychological contact with him.

A teacher, psychologist, and parents present during the interrogation can assist the investigator in conducting it. In particular, they can reformulate the questions to be clarified and make them more accessible to minors. If oddities are detected in the behavior of a minor, for example, excessive isolation, obvious fantasizing, sudden aggression, the investigator may order a forensic psychiatric or psychological examination, ensuring the presence of a medical specialist during the interrogation, who will subsequently give an opinion on the ability of the minor or juvenile to be a witness.

§ 3. Features of tactics for interrogating a suspect

and the accused

According to Art. 47 of the Code of Criminal Procedure of the Russian Federation, the accused appears in the investigation process from the moment a decision is presented to him to implicate him as an accused. An investigative body that has not collected evidence sufficient to bring charges is deprived of the right to take any coercive measures against a suspected person. However, before charges are filed, a suspect may appear in the investigation of a criminal case. According to Art. 46 of the Code of Criminal Procedure of the Russian Federation is a person against whom a criminal case has been initiated, detained in accordance with Art. Art. 91, 92 of the Code of Criminal Procedure of the Russian Federation, to which a preventive measure was applied before charges were brought in accordance with Art. 100 Code of Criminal Procedure of the Russian Federation. Compulsory measures against a suspect are limited to short periods.

As investigative practice shows, not a single investigative action confronts the investigator with such a variety of requirements as the interrogation of the suspect and the accused. However, it is impossible to give an exhaustive list of these requirements, since they arise from each specific case, from the entire sum of the features inherent in a given criminal case. These requirements are directly dependent on the nature of the crime, the severity of its consequences, the severity of the punishment, the motives of the crime and the details of its commission, the personality of the accused, his age, character and intelligence, marital status etc.

In accordance with the totality of these circumstances, the main requirements for the investigator can be identified, namely:

a) preliminary thorough preparation for interrogation, analysis of the evidence available in the case against the accused or suspect and the explanations they have already given;

b) objectivity during the interrogation of the suspect and accused, careful consideration of all the justifying arguments, references and explanations they present; absence of any bias towards these persons;

c) observation during interrogation of the nuances of the interrogated person’s behavior, his reaction to certain questions, his calmness or irritability, confidence or fear, excitement or apathy, anger or remorse;

d) timely consideration of the individual characteristics of the accused or suspect, the nature of the crime committed, the line that the interrogated takes during the investigation;

e) calmness and confidence (but not self-confidence) of the investigator, his perseverance, attentiveness and tact in the search for the truth.

In the general rules for interrogating an accused (suspect), it is necessary to emphasize the importance of purposefulness of interrogation. The investigator must always clearly know exactly what circumstances he wants to find out from the interrogated person, why he needs them, what kind of testimony he is waiting for, and what significance this testimony will have for the further course of the investigation.

When interrogating an accused or suspect, the investigator proceeds from the norms established by the criminal procedural law that define their rights and guarantees. It is important to remember that the interrogation of these persons is an investigative action that actually ensures their right to defense, to provide exculpatory or mitigating evidence.

It is also worth paying attention to the fact that a thoughtful professional investigator uses the interrogation of the accused not only as a way to obtain new evidence, but also as the best test of preliminary conclusions, versions, and his first impression. Considering this type of interrogation from this position, we can say that it allows you to check the correctness of the direction in which the investigation is proceeding, and promptly correct mistakes if they have already been made.

In order to draw the necessary conclusions from the interrogation, the investigator must carefully listen to all the objections of the interrogated, and not annoyedly brush them aside, weigh all his explanations and, in their light, re-evaluate, and sometimes re-evaluate, the circumstances that seemed established before the interrogation.

In addition, during the preliminary investigation, there are cases when suspects or accused use well-thought-out provocations against the investigator, making slanderous accusations against him, accusing him of bias, settling personal scores, and using illegal methods of investigation. Taking advantage of the investigator’s inexperience, excessive gullibility, and insufficient knowledge of the case materials, such accused or suspects prepare in advance “objective” evidence of the “correctness” of their future slanderous fabrications. For example, they willingly “confess” to a really committed crime, but report such fictitious details, fantastic details that did not exist, but which are then very easy to refute in court, declaring: “Now you see what my forced confession is worth and how much "It is far from the truth. This is the best proof of my innocence and the illegality of the investigative methods used against me."

Often, young investigators, having received such a “confession,” do not collect other evidence of the accused’s guilt, and after his refusal to “admit” guilt, the accusation hangs in the air, and the time for collecting other evidence is lost.

Due to the sufficient complexity of interrogating an accused or suspect, the great importance of their testimony for the investigation of a criminal case, the preparation of this investigative action plays an essential role in achieving a positive result.

Studying the case materials before interrogation, the investigator draws up preliminary results indicating the guilt of the accused, analyzes all direct and indirect evidence, as well as all circumstances that, although not fully established, must be clarified in detail during the interrogation. The investigator also carefully studies all the data that speaks in favor of the interrogated person, preliminarily outlines the range of questions necessary for clarification, examines material and written evidence discovered during other investigative actions, and evaluates the possibility of their presentation during the interrogation.

Collecting information about the identity of the accused and suspect is carried out in various ways. These include: biography, main profession, service, criminal records and other identifying information that can be obtained from colleagues, neighbors, by reading correspondence, official requests, etc. It is important to remember here that the explanations of neighbors and colleagues usually require certain additions, verification and clarification. In particular, characteristics obtained from witnesses - neighbors and colleagues - must be assessed with caution, clearing them of personal accounts, hostility, the desire to exaggerate something and aggravate the situation of the accused (suspect) or, conversely, to help a loved one, to help him out .

1. Concept, general rules and types of interrogation

Interrogation is the most common of all investigative actions. At first glance, conducting an interrogation does not present any particular difficulties. Moreover, this lightness is purely apparent. Those being interrogated do not always give truthful and objective testimony. Very often, it is possible to obtain such testimony only after long, persistent efforts of the investigator, as a result of the skillful use of a number of tactical techniques.

Interrogation during a preliminary investigation can be defined as an investigative action consisting of obtaining and recording, in accordance with the procedure established by law, the testimony of witnesses, victims, suspects or accused about facts known to them that are important for the case under investigation.

The criminal procedure law regulates in detail the procedure for preparing and conducting an interrogation, the rights and obligations of the person conducting the interrogation and the persons interrogated (Articles 145-152, 155-161 of the Code of Criminal Procedure of the RSFSR)

The interrogation is traditionally carried out in the investigator's office, but can also be carried out in another place if the investigator finds it necessary.

All persons summoned in one case are interrogated separately, and the investigator takes measures depending on him to prevent them from communicating with each other before the interrogation.

Before interrogating a witness or victim, the investigator is obliged to verify the identity of the person being interrogated, then explains to the person his duties and warns (against a signature in the protocol) about criminal liability for refusal to testify and for giving knowingly false testimony. The investigator explains to witnesses under 16 years of age that they must truthfully tell everything they know about the case.

At the beginning of the interrogation of the witness, the investigator finds out his relationship to the accused and the victim. Then the witness is asked to tell everything he knows about the circumstances of the event in connection with which he was summoned for questioning. After such a story, the investigator can ask the interrogated questions, and leading questions are not allowed.

When interrogating witnesses under the age of 14, and at the discretion of the investigator, up to 16 years, a teacher is called. If necessary, the legal representatives of the minor or his immediate relatives may also be summoned.

Before the interrogation begins, these persons are explained their rights and obligations, which is noted in the protocol. It is worth noting that they are present during the interrogation and can ask the witness questions. The investigator has the right to reject the question asked, but the question is entered into the protocol.

When questioning the accused, the investigator must first ask whether he pleads guilty to the charge, and then invites him to testify on the merits of the charge. After listening to his story, the investigator, if necessary, asks the accused questions.

Based on all of the above, we come to the conclusion that the interrogation of any participant in the process actually breaks down into three stages: 1) finding out the necessary data about the identity of the interrogated (filling out the questionnaire part of the protocol), 2) a short story and 3) a question-and-answer stage (certain the authors identify the fourth stage - recording the progress and results of the interrogation)

It is not recommended to interrupt the interrogated person during the story; Of course, the investigator can ask clarifying and specific questions during this process, but traditionally they should not be reflected in the protocol. The first two stages will be mandatory; the third (question-and-answer) is optional. If the investigator, having recorded the testimony of the interrogated person, given during the personal story, sees that all the circumstances of the event are set out in the protocol quite fully and accurately, there is no need to ask any additional questions.

Types of interrogation during the preliminary investigation vary depending on:

procedural status of the person being interrogated (interrogation of a witness, victim

suspect, accused);

age of the person being interrogated (interrogation of an adult, a minor, a few

summer);

composition of participants (without the participation of third parties, with the participation of a defense lawyer, expert,

specialist, parents or legal representatives of a minor, teacher

goga, translator);

place of interrogation;

nature of the investigative situation (non-conflict or conflict) Imp

conflict situation during interrogation is characterized by complete or predominant

coincidence of interests of the interrogator or the interrogated and usually arises

when a victim or witness is being questioned. On the contrary, a conflict situation

tion traditionally arises during the interrogation of a suspect or accused, not

barking to give truthful testimony and resisting the investigator; .

whether this person was interrogated in this case earlier or whether he was interrogated

occurs for the first time (primary (or initial), repeated, additional

Psychological contact between the investigator and the interrogated cannot mean the establishment of a relationship of equality. As noted in the criminological literature, with all its two-sidedness, psychological contact during interrogation is always a relationship between a representative of the state and a private person, moreover, often a person accused or suspected of committing a crime. There is a natural difference in position here, and it should neither be minimized nor veiled. Contact is effective precisely when it occurs with awareness of the real state of affairs, the real balance of power and is based on the respect of the interrogated person for the investigator.

To establish psychological contact, the investigator must be able to win over the interrogated person. It is worth saying that it is very important for him to show interest

1 See Porubov N.I. Interrogation in Soviet criminal proceedings. 2nd ed. - Minsk, 1973.

2 See: Karneea L.M., Soloviev A.B., Chuvilev A.A. Interrogation of the suspect and the accused. -

M„ 1969. P. 21.

Section III. Forensic tactics

concern over the fate of the accused or suspect. If the investigator is indifferent to the person he is interrogating and behaves formally and dryly, psychological contact between them will never arise. The investigator must always be level-headed, correct and at the same time, as noted above, benevolent and humane. Irritability, rudeness, as well as dryness and indifference immediately cause a negative response.

The interrogated person must see that the investigator strives only to establish the truth and does not intend to accuse him at all costs, and is ready to listen to all his arguments and carefully check them. With all this, it is necessary to immediately show the interrogated that attempts to mislead the investigator are useless - he knows the case materials well, is prepared for interrogation and is not at all inclined to believe everything he hears from the interrogated.

If the person being interrogated behaves impolitely, indulges in cheekiness or rudeness, it is extremely important to stop it immediately. In such cases, a remark made in a calm, self-possessed tone usually helps; The investigator should under no circumstances allow rudeness in response. Any disruption during interrogation is traditionally costly, since it is no longer possible to establish psychological contact after this.

It is very important to arouse the interrogated person’s interest in giving evidence, in the very process of communication with the investigator. The suspect or accused must want to talk with the investigator, wait for a call for interrogation, if only in order to argue with the investigator, to bring some new arguments in his favor. We should not forget that it is important that he perceives the investigator’s objections without bitterness and does not immediately reject them; then gradually he will begin to agree with some of them and in the end he will have to tell the truth.

The investigator must strive to ensure that his style of behavior during the investigation

millet (the ability to listen to the interlocutor, clearly and competently formulate questions,

show the necessary tact in this regard) was impeccable. It is necessary, in particular,

be very restrained in expressing his attitude towards testimony - give

any assessment of the testimony is possible only when the investigator is completely

confident in their truthfulness or falsity.

The establishment of psychological contact is greatly facilitated by the interrogation environment. It is worth noting that she should be calm and businesslike. If possible, you should exclude all distractions, everything that could interfere with a confidential conversation - extraneous phone calls, conversations with colleagues, etc.

It was already noted above that with psychological point From our point of view, the essence of the interrogation will be the interaction between the investigator and the interrogated, aimed at obtaining the necessary information. Interrogation is not the passive receipt of certain information, but active work both parties involved. In other words, communication during interrogation, like any other, involves a psychological impact on the other side, on the other participant in the communication. This means that the investigator not only can, but also must influence the interrogated, i.e., convince the interrogated to act in a way that is extremely important in the interests of the interrogated. affairs.

Chapter 12 221_

There were statements among lawyers about the illegality of any psychological influence on the part of the investigator on the interrogated person. This is clearly an erroneous position that does not take into account the real state of affairs. Psychological impact (and mutual) is inevitable in any communication. It is impossible to “prohibit” exerting psychological influence during interrogation; we can talk exclusively about legality, about the legality of the investigator’s influence on the person he is interrogating.

It is necessary to clearly distinguish between legitimate psychological influence and illegal pressure on the interrogated person, extorting the testimony the investigator needs from him. As A. R. Ratinov writes, “legitimate mental influence in itself does not dictate a specific action, does not extort testimony of this or that content, but by interfering with internal mental processes, it forms the correct position of a person, a conscious attitude towards their civil responsibilities and exclusively indirectly leads him to choose a certain line of behavior”1. This means that the line between mental violence and legitimate psychological influence is determined, firstly, by the legality of the tactical techniques used by the investigator during the interrogation, and, secondly, by whether the interrogated person has a choice of one position or another.

In order to ensure the effectiveness of the interrogation, the investigator must influence the interrogated person, and influence him very flexibly. In other words, interrogation tactics are determined primarily depending on what position the person being interrogated takes in relation to the event under investigation, what tactical situation develops during the interrogation—conflict or conflict-free. Taking into account the dependence on a particular situation, the investigator selects appropriate interrogation techniques.

3. Preparation for interrogation

Preparation for interrogation is of great importance and largely determines its success. It is worth noting that it consists of a number of elements.

Determination of the circle and circumstances to be clarified. It is worth saying, for this reason before

During interrogation, it is extremely important to once again turn to the case materials, re-think

plan, analyze versions. Sometimes it makes sense to make a list

questions of interest to the investigator.

Studying the personality of the interrogated. Scope of information about the identity of the interrogator

what the investigator has at his disposal predetermines the correct choice

tactical techniques; the success of the interrogation largely depends on this.
It is worth noting that of particular interest

represent the relationship of the interrogated person with the persons appearing in the

in fact, his moral character, mental qualities, past, lifestyle, culture

level and much more.

1 Ratinov A.R. Forensic psychology for investigators: Textbook. allowance. -M., 1967. P. 163.

Section III. Forensic tactics

The necessary information about the interrogated person can be gleaned from various sources - testimonies of other participants in the process, characteristics from places of work or study, operational data. It should be borne in mind, however, that the collection of relevant information requires considerable time, and the interview usually needs to be carried out urgently. In such cases, the investigator, preparing for the interrogation, firstly, assesses the personality of the person who is to be interrogated, based on -. case materials; secondly, he tries to obtain as much information about him as possible in the first stage of the interrogation - during the filling out of the questionnaire part of the protocol. It is worth saying that sometimes it makes sense for him to take the conversation into an informal direction, ask any additional questions (of course, without recording these questions and the answers to them in the protocol)

3. Determination of the time, place of interrogation and method of calling for interrogation. In proportion

in accordance with the requirements of the Criminal Procedure Code of the RSFSR, interrogation of a detained or arrested person

must be made no later than 24 hours from the moment of detention or arrest, and

interrogation of the accused - immediately after charges are brought against him. In cases

urgent, the law allows interrogation to be carried out also at night

time, and the decision on whether the interrogation can be considered urgent,

accepted by the investigator himself.

Tactically, interrogation should traditionally be carried out as quickly as possible. At the same time, in some cases it turns out to be advisable to postpone it for a while, for example, if the person subject to interrogation is overly excited, is drunk, or needs medical assistance; if the investigator is not sufficiently prepared for interrogation; if before the interrogation it is necessary to obtain any additional information relating to the circumstances of the case or characterizing this person, etc. If it is decided to postpone the interrogation for some time, the investigator must take care, during this time, to the person to be interrogated , there was no unwanted influence from the accused or suspects.

The place of interrogation is usually the investigator's office. At the same time, at the discretion of the investigator and due to specific circumstances, the interrogation can be carried out in another place - in a medical institution, at the place of work of the interrogated person, in his apartment. Quite often, interrogation at the scene of the incident turns out to be very effective, which in practice, unfortunately, is resorted to quite rarely. Meanwhile, interrogation at the scene of the incident helps the interrogated to remember and more accurately convey all the details of the event, and the investigator to more accurately evaluate the testimony of this person.

The method of summoning for questioning depends on the specific circumstances. Sometimes the investigator uses a subpoena, but you can invite the person being questioned by telephone (often this turns out to be the most appropriate), through a third party, the administration of an institution or enterprise. In exceptional cases, the person to be interrogated is brought in by force; For this purpose, a special resolution is issued, which is handed over to the police for execution.

4. Creating the necessary environment for interrogation. The situation in which

interrogation is carried out, should not distract the interrogated person, interfere with his concentration;

read. Usually, these goals are fully met by the investigator’s office (if it works

Chapter 1 223

After a short story, questions and answers are written down, the facts of the presentation of evidence and the reading of the testimony of other persons are reflected.

It is worth saying that each page is certified at the bottom with the signature of the interrogated. The translator also signs each page of the protocol and the entire protocol as a whole.

According to the law, the person being interrogated can record the testimony with his own hand. The personally written testimony of the suspect or accused, if it sets out the circumstances of the crime committed, has evidentiary value. With all this, it must be borne in mind that when assessing the testimony, the court proceeds mainly from its content, and not from whether the protocol was written by the person being interrogated in his own hand or by the investigator. In personally written testimony there is always a lot of unnecessary information, and a number of necessary information is usually not demonstrated in them, so many additional questions have to be asked and recorded in the protocol.

At the end of the protocol, an entry is made in the established traditional form with approximately the following content: “I have no additions. The protocol is written about my words correctly, read by me personally” (or “read aloud to me”) This is followed by the signature of the interrogated person, and then the investigator.

In recent years, during the investigation of crimes, audio recording of the testimony of the interrogated is often used as an additional means of recording. The sound recording does not replace the protocol and will be solely an annex to it. If it is used before drawing up the protocol, after its completion it is still extremely important to draw up a protocol of the interrogation.

Based on Art. 141 of the Code of Criminal Procedure of the RSFSR, before the start of the interrogation, the investigator is obliged to warn the interrogated person that his testimony will be recorded on a phonogram. All necessary details of the protocol must be recorded on the phonogram.

la interrogation: date and place of production; the time of its beginning and then its end; surname, position and title of the person conducting the interrogation; all personal data of the person being interrogated; warning him of liability for refusal to testify and for giving knowingly false testimony, etc. The law specifically stipulates that audio recording of part of the interrogation, as well as repetition specifically for audio recording of testimony given during the same interrogation, are not allowed. In other words, if the investigator believes that some part of the testimony should be recorded using a phonogram, he must record the entire interrogation on magnetic tape.

At the end of the interrogation, the sound recording is played back in full to the interrogated person. If, after listening to the recording, he makes any additions, they are also recorded on tape, after which the interrogated person’s statement is recorded that his testimony was recorded correctly. Then the phonogram shows information about the technical means and conditions of sound recording (type of tape recorder, type and speed of tape) and who carried out the interrogation. A note about the use of sound recording, its technical means and conditions is also made in the interrogation protocol.

The phonogram is kept on file and is sealed at the end of the preliminary investigation.

Sound recording of the testimony of the interrogated creates a “presence effect” during the interrogation, i.e., it allows you to get an idea of ​​the entire course of the interrogation, how it was conducted, how the investigator formulated the questions, in what form the answers were given, etc., ensures completeness and accuracy fixation, eliminates possible errors when recording readings. Its use also has great psychological significance, having a restraining effect on persons intending to change truthful testimony to false.

At the same time, the sound recording does not record, for example, the gestures and facial expressions of the interrogated person, which reflect his mental state. Therefore, video recording of an interrogation is often more effective, especially if a proper assessment of the testimony is possible solely taking into account the situation of the investigative action, the condition or any physical or mental qualities of the interrogated.

Of course, it is advisable to use video recording not always, but only in particularly difficult cases, for example:

when the investigator intends to further analyze the behavior

interrogated in order to develop more effective investigative tactics

actions;

during interrogation at the scene of the incident;

during interrogations of persons suffering from physical or mental disabilities

during interrogations of minor victims and witnesses;

to record the testimony of the accused who admitted their guilt, in order to

reproduce them to accomplices in crime who do not want to give the truth

indications when conducting a confrontation is inappropriate for tactical reasons

defeats.

Section III. Forensic tactics

The successful use of video recording as an additional means of recording interrogation and confrontation largely depends on quality preparation, which includes:

preparing a video camera with a supply of cassettes;

preparing the room for video recording: provide for the location in the room

research (if possible) there were no extraneous sounds (phone calls, clapping

opening doors, etc.), ensure good lighting and acoustics. Some traces

departments have specially equipped rooms for sound

recordings of interrogations. It would be useful to equip these offices with equipment for

video recordings;

preparing places for participants in the investigative action and installing a video camera

measures (the place is determined in such a way that the video recording would be a report

flowing, and the sound is uniform);

Checking the serviceability of the video camera, conducting test shooting.

The video recording of the interrogation begins immediately after entering the investigator’s office.

The person being interrogated enters. When announcing the upcoming investigative action, the investigator also informs him that video recording will be used during the interrogation. The recording process traditionally should capture both participants in the interrogation. At the moment when the investigator asks a question, it is sometimes advisable to show one person being interrogated in close-up, so that you can see his reaction to the question. During interrogation with the participation of third parties (defender, specialist, etc.), the questioning participant is first captured in a general plan, and when he asks a question, in a close-up. When presenting material evidence to the interrogated, filming is carried out in such a way that one can clearly see the object being presented and the reaction of the interrogated.

If the video recording is not recorded immediately during the interrogation, but after the investigator has fully listened to the personal story, asked the necessary clarifying and specific questions and received answers to them, a break should be taken in the video recording while the protocol is being drawn up (“Time” - .... The video recording is interrupted to record the testimony in the protocol. Time -.... The video recording is resumed") After the reading of the testimony, as well as viewing the video recording, the statement of the interrogated is recorded that his testimony is recorded in the protocol and on the video recording correctly, he adds does not have.

The use of video recording also proves effective during confrontations. It is known that recording a confrontation using sound recording is sometimes associated with certain difficulties, in particular, when the interrogated people speak at the same time, interrupting each other. From the soundtrack obtained under such conditions, it is sometimes difficult to determine which of the participants in the confrontation uttered certain phrases. If, along with speech information, an image of the participants in the investigative action is recorded on a video phonogram, the content of the recording is perceived without difficulty.

In addition to sound and video recordings, drawings and diagrams made by the interrogated person can be used as additional means of recording during interrogation (drawings).

Chapter 12 235

knife tip, map of the area) It is worth noting that they are signed by the interrogated and the investigator and meaningful explanatory inscriptions are made on them. A note about the production of a drawing or diagram is also made in the interrogation protocol.

9. Confrontation tactics

Confrontation- special variety interrogation Its procedure is regulated by Art. 162-163 Code of Criminal Procedure of the RSFSR.

Confrontation is a simultaneous interrogation in the presence of each other of two persons previously interrogated on the same fact, in whose testimony there are significant contradictions.

Although a confrontation will be a fairly effective investigative action, it is advisable to resort to it only if two conditions are met. First of all, the contradictions contained in the testimony of two persons must be truly significant and significant for the case; It is extremely important to keep in mind that some discrepancies in testimony are always inevitable due to the peculiarities of perception and memory of each person. Secondly, the investigator must be sure that a participant in a confrontation who gives untruthful testimony will not be able to negatively influence another participant - the one who tells the truth will not convince him to change his truthful testimony to false. If there is no such confidence, the confrontation should be abandoned.

If a confrontation is carried out with the participation of a victim or witness, they are first warned of criminal liability for evasion or refusal to testify and for giving knowingly false testimony, which is noted in the protocol. Then the investigator asks both participants whether they know each other, since when and in what relationship they are with each other. Having found out these circumstances, the investigator usually turns to the participant who, in the investigator’s opinion, is telling the truth, and invites him to testify on the facts to clarify which a confrontation is being conducted.

After listening and recording the answer in the protocol, the investigator turns to the other participant in the confrontation with the question of whether he confirms the testimony of the first participant. The latter's answer and explanations on the merits are also recorded in the protocol. Then the first participant is usually asked again whether he insists on their testimony. After this, the participants in the confrontation are given the right to ask questions to each other. The law specifically stipulates that the reading of the testimony of participants in the confrontation contained in the protocols of previous interrogations, as well as the reproduction of audio recordings of these testimonies, is permitted only after they have given testimony at the confrontation and recorded it in the protocol.

The testimony of the participants in the confrontation is recorded in the order in which they were given. Note that each participant signs under their answers and at the bottom of the corresponding pages.

It must be borne in mind that it is quite rare to eliminate contradictions in the testimony of participants during a confrontation. Moreover, if the participant who, in the opinion of the investigator, gives truthful testimony, confirmed it in the presence of

Section III. Forensic tactics

another participant and stated that he insisted on their testimony, the goal of the confrontation was achieved. It is also achieved when the participant in the confrontation, who exposed the suspect or accused, refuses their testimony, since this also contributes to establishing the truth in the case.

Literature

Do not forget that Vasilyev A. N., Karneeva L. M. Interrogation tactics. -M., 1970.

Gavrilov A.K., Zakatov A.A. Confrontation. -Volgograd, 1978.

Dospulov G. G. Psychology of interrogation during the preliminary investigation. - M., 1976.

Efimichev S.P., Kulagin N.I., Yampolsky A.E. Interrogation. -Volgograd, 1978.

Karneeva L. M. Tactical principles of organizing and conducting interrogation during the preliminary investigation. - Volgograd, 1976.

Kulagin N.I., Porubov N.I. Organization and tactics of interrogation in a conflict situation. - Minsk, 1977.

Porubov N.I. Interrogation tactics during the preliminary investigation. - M., 1998.

Interrogation- a procedural action consisting of receiving and recording in the established procedural order the testimony of witnesses, victims, suspects and accused about facts known to them that are important for the correct resolution of the case.

Subject of interrogation There may be various kinds of circumstances related to the event under investigation.

There are different types of interrogation. Depending on the procedural position of the interrogated, the following are distinguished: interrogation of a witness; interrogation of the victim; interrogation of a suspect; interrogation of the accused.

If the classification is based on the age of the interrogated, the interrogation is divided into: interrogation of a minor; interrogation of a minor; interrogation of an adult.

The interrogation can be conducted without the participation of third parties, or with their participation, namely: with the participation of a defender, expert, specialist, parents or legal representatives of a minor, teacher, translator.

The interrogation may be: original; repeated; additional.

Often during an interrogation a conflict situation arises. As a rule, a conflict situation arises between the investigator and the suspect or accused. When conducting an interrogation in a conflict situation, the investigator uses the following tactics::

1. explains to the interrogated the meaning sincere confession and giving truthful testimony;

2. identifies motives for giving false testimony and eliminates these motives;

3. convinces with the help of logical arguments that attempts to give false testimony are pointless;

4. provides as much detail and specificity as possible in the testimony of the interrogated person;

5. presents evidence incriminating the interrogated person (starting with the most compelling or vice versa);

6. creates exaggerated ideas in the interrogated person about the investigator’s knowledge, etc.

The interrogation of the witness and the victim, as a rule, takes place in a non-conflict situation. The main interrogation techniques in a non-conflict situation are:

1. explaining to the interrogated the importance of his testimony for establishing the truth;

2. asking questions that activate associative connections in the mind of the person being interrogated:

3. presentation of photographs, diagrams, plans and other objects that facilitate recall;

4. familiarization of the interrogated with fragments of testimony of other persons;

5. a proposal to present the facts, strictly observing the sequence of events;

6. interrogation at the scene of the event.

Preparing for interrogation. A necessary condition for obtaining reliable and complete information during an interrogation is careful preparation for its conduct. Preparation includes:

1. studying the materials of the criminal case;

2. determining the range of circumstances for which it is necessary to obtain testimony;

3. study psychological characteristics interrogated;

4. ensuring the participation in the interrogation of persons provided for by law, as well as specialists, if their assistance is needed;

5. preparation of the necessary scientific and technical means.

When preparing to conduct an interrogation, the investigator thinks through the wording of the questions. and in what order they will be asked. If the case requires interrogation of several persons, then it is advisable to determine their sequence. You should not rush to interrogate those from whom you plan to obtain truthful testimony.

Preparation for interrogation is completed by drawing up a written plan, which outlines all the main parameters of the interrogation - time, tasks, range of issues to be clarified, their sequence, case materials and evidence that may be needed.

Features of interrogation tactics for minors. The tactics of interrogating a minor are based on his age characteristics. Minors, especially preschool and primary school age, are characterized by increased suggestibility, a tendency to fantasize, and speculate on an incompletely perceived picture of an event. The life of minors is emotionally rich and the impressions they receive often contribute to forgetting what they have perceived. Therefore, their interrogation cannot be postponed for a long time.

When preparing for interrogation, it is necessary to obtain information about the level of development of the minor, his interests, inclinations, habits, and relationships with the person in respect of whom the interrogation will be conducted. A minor under 16 years of age is summoned for questioning through his parents or other legal representatives. A different procedure is permitted when required by the circumstances of the case.

When participating in the interrogation of a teacher, as well as legal representatives or close relatives of a minor, you must make sure in advance that the nature of their relationship with the minor will not negatively affect the interrogated person. These persons must be warned about the inadmissibility of any hints, leading questions, or irritation towards a minor.

It is preferable to conduct the interrogation of minors in a familiar environment - in a child care facility, school, or home. Psychological contact with the interrogated person will be facilitated by the calm, confident tone of the investigator and his benevolent manner of address.

When assessing the testimony of a minor, you should pay attention to the smoothness, memorization of the information he provides, the use of phrases that are not typical for the person being interrogated, and the presence of contradictions, which may indicate the influence of interested parties. The evidence obtained must be analyzed from the point of view of the presence of internal contradictions, as well as contradictions with other evidence.

Confrontation

Confrontation is an independent investigative action. Essentially, this is the interrogation of two previously interrogated persons in the presence of each other regarding significant contradictions that have arisen between their testimony. If these persons did not know each other before, then a presentation for identification will be carried out before the confrontation. The investigator conducts a confrontation when it is necessary to find out which of the two interrogated persons is giving false testimony. In this case, at the confrontation, a kind of clash of testimonies occurs. Confrontation is an effective means of psychological influence on a person giving false testimony. At the same time, a confrontation is a complex investigative action. When it is carried out, it is possible that the person being interrogated will have a negative impact on the person giving truthful testimony.

Before the confrontation, it is necessary to carefully study the testimony of the interrogated, take into account their relationships, find out the essence of the contradictions that have arisen, outline the questions that should be asked, their sequence and decide the question of who will be interrogated first at the confrontation. Usually the first person to be interrogated is the one who, in the investigator's opinion, gives truthful testimony. Although in some situations it is fashionable to do the opposite, in the hope that false testimony affecting the interests of another person being interrogated will cause him to be indignant. As a result, he can report facts that he had previously kept silent about.

The procedure for conducting a confrontation is as follows (according to A.G. Filippov):

1. warning a witness or victim about criminal liability for evasion or refusal to testify and for giving knowingly false testimony;

2. question to both participants - do they know each other, since when and what kind of relationship do they have;

3. an invitation to the person who, in the opinion of the investigator, gives truthful testimony, to tell an event in relation to which there are contradictions in the testimony of the participants in the confrontation;

4. a question to the other participant - does he confirm the testimony of the first participant in the confrontation;

5. question to the first participant - does he insist on his testimony (if the answer to the previous question is negative);

6. a question to both participants - do they have questions for each other, do they want to supplement their testimony;

7. recording the progress and results of the confrontation.