Interrogation and confrontation tactics

Interrogation- the most common of all investigative actions. In practice, there cannot be criminal cases in which interrogations are not carried out. As specially conducted studies show, investigators spend at least 25% of their total working time on interrogations.

Conducting an interrogation, at first glance, does not present any particular difficulties. However, this ease is only 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 great detail the procedure for preparing and conducting an interrogation, the rights and obligations of the person conducting the interrogation, and the persons being interrogated (Articles 145-152, 155-161 of the Code of Criminal Procedure of the RSFSR).

The interrogation is carried out, as a rule, 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 within his power 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, explain to him his duties and warn him, against receipt in the protocol, of criminal liability for refusal or evasion to testify and for giving knowingly false testimony. The investigator explains to witnesses under the age of sixteen 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 and the necessary information about the identity of the interrogated. The witness is then asked to tell everything he knows about the circumstances of the event in connection with which he was called in 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 fourteen, and at the discretion of the investigator - up to sixteen 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. They are present during the interrogation and can ask the witness questions. The investigator has the right to reject the question asked, but this question is recorded in 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.

Thus, the interrogation of any participant in the process actually falls into three stages:

• finding out the necessary information about the identity of the person being interrogated (filling out the questionnaire part of the protocol);
• free story;
• question-answer stage (some authors identify a fourth stage - recording the progress and results of the interrogation).

It is not recommended to interrupt the interrogated during a free story; Of course, the investigator can ask clarifying and specific questions, but, as a rule, they should not be reflected in the protocol.

The first two stages are mandatory; the third (question-and-answer) is optional. If the investigator, having recorded the testimony of the interrogated, given during a free 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 minor);
• composition of participants (without the participation of third parties, with the participation of a defender, expert, specialist, parents or legal representatives of a minor, teacher, translator);
• place of interrogation;
• the nature of the investigative situation (conflict-free or conflict). A conflict-free situation during interrogation is characterized by a complete or partial coincidence of interests of the interrogator and the person being interrogated and usually arises when a victim or witness is interrogated, i.e. bona fide participant in the process. On the contrary, a conflict situation, as a rule, arises during the interrogation of a suspect or accused who does not want to give truthful testimony and resists the investigator;
• whether it was questioned this person in this case earlier or it is being interrogated for the first time (initial or initial, repeated, additional interrogation). An interrogation is considered repeated when testimony is again given on those issues on which they were already given at the previous interrogation; additional - when testimony is given on issues that were not covered during previous interrogations. Moreover, if during the initial interrogation the questionnaire part of the protocol was filled out completely and correctly, it is not filled out during repeated and additional interrogations.

A special, specific type of interrogation is a confrontation.

Some principles of the psychology of interrogation

One of the most important provisions of interrogation tactics is the need to establish psychological contact with the person being interrogated.

There are various definitions of psychological contact. It, in particular, can be defined as the relationship between the investigator and the interrogated, in which the interrogated consciously and voluntarily provides the investigator with information relevant to the case. N.I. Porubov defines psychological contact as a system of interaction between people in the process of their communication based on trust; as an information process in which people are able and willing to perceive information coming from each other.

It is important to emphasize: establishing psychological contact is by no means equivalent to giving truthful testimony to the interrogated. The presence of psychological contact is just the first step towards truthful testimony, just one of the conditions that ultimately makes it much easier to obtain it. It does not mean the emergence of sympathy, readiness for mutual concessions, etc. In the presence of a conflict situation, establishing psychological contact means involving the interrogated person in a dialogue, creating conditions for free communication between the investigator and the interrogated person, despite the presence of a conflict between them. Psychological tension may remain, but the investigator must weaken it to the maximum extent, ensuring that the interrogated person overcomes the feeling of antipathy and irritation against the investigator.

Psychological contact is achieved by the authority of the investigator, his firmness in pursuing his line, inflexibility in fundamental issues and at the same time - benevolence, readiness to see a living person in any interrogated person, emphasized by the desire to save him from unnecessary hardships, to ease his fate (of course, by acting at the same time strictly within the law).

It goes without saying that psychological contact between the investigator and the interrogated cannot mean the establishment of a relationship of equality between them. 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. To do this, it is very important, first of all, to show interest in 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 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, he is ready to listen to all his arguments and carefully check them. At the same time, it is necessary to immediately show the interrogated that attempts to mislead the investigator are useless - the investigator knows the case materials well, is prepared for interrogation and is not at all inclined to believe everything that he hears from the interrogated.

If the person being interrogated behaves impolitely, indulges in cheekiness or rudeness, this must be stopped 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, as a rule, is 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, at least in order to argue with the investigator, bring some new arguments in his favor. 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 interrogation (communication culture, ability to listen to the interlocutor, clearly and competently formulate questions, show the necessary tact, etc.) is impeccable. In particular, you need to be very restrained in expressing your attitude towards the testimony - you can give any assessment of the testimony only when the investigator is completely confident in its truthfulness or falsity.

The establishment of psychological contact is greatly facilitated by the interrogation environment. She should be calm and business-like; It is necessary, if possible, to exclude all distractions, everything that could interfere with a confidential conversation - extraneous phone calls, conversations with colleagues, etc.

Let us dwell on one more aspect of the psychology of interrogation. It was already noted above that from a psychological point of view, the essence of interrogation is the interaction of the investigator with the interrogated, aimed at obtaining the necessary information. Interrogation is not the passive receipt of certain information, but the active activity of both parties involved in it; in other words, communication during interrogation, like any communication, involves a psychological impact on the other side, on the other participant in this communication. This means that the investigator not only can, but also must influence the interrogated person, i.e. convince the interrogated person to act as necessary in the interests of the case.

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, in any contact. It is impossible to “prohibit” exerting psychological influence during interrogation; we can only talk 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. writes Ratinov, “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, forms the correct position of a person, a conscious attitude towards his civic responsibilities and only indirectly leads him to the choice of a certain line of behavior.” This means that the line between mental violence and legal psychological impact is determined, firstly, by the legality of the tactics used by the investigator during the interrogation, and, secondly, by the freedom of the interrogated person to choose one position or another.

2. Study of the personality of the interrogated. The amount of information about the personality of the interrogated that the investigator has predetermines the correct choice of tactics; The success of the interrogation largely depends on this. Of particular interest are the relationships of the interrogated person with the persons involved in the case; his moral character; mental properties; past; Lifestyle; cultural level and much more.

The necessary information about the person being interrogated can be gleaned from various sources- testimony 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 interrogation, firstly, assesses the personality of the person who is to be interrogated, based on the 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. To do this, sometimes it makes sense to take the conversation into an informal direction and ask some 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 accordance with the requirements of the law, the interrogation of a detained or arrested person must be carried out no later than 24 hours from the moment of detention or arrest, and the interrogation of the accused must be carried out immediately after charges are brought against him. In urgent cases, the law allows interrogation to be carried out at night, and the decision on whether the interrogation can be considered urgent is made by the investigator himself.

Tactically, interrogation should generally be carried out as quickly as possible; however, in some cases it turns out to be advisable to postpone it for some time - for example, if the person to be interrogated is overly excited, is in a drunk, needs medical attention; 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 that during this time the person to be interrogated is not subject to unwanted influence from the accused or suspects.

The place of interrogation is usually the investigator's office. However, 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. Interrogation at the scene of the incident is often very effective.

The method of summoning for questioning depends on the specific circumstances. Sometimes the investigator uses a subpoena, but it is also quite possible to invite the person being questioned by telephone (often this turns out to be the most appropriate), through a third party, the Department of External Affairs, or 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 transferred for execution to external police officers or the local inspector.

4. Creating the necessary environment for interrogation. The environment in which the interrogation is carried out should not distract the interrogated person or interfere with his concentration. Usually, these goals are fully met by the investigator's office (if he works alone in the office). If the office is occupied by two or three investigators, sometimes it is necessary to schedule an interrogation at a time when other investigators should be absent or when they do not plan to carry out any investigative actions. In some cases, during particularly complex and important interrogations, a special office is selected, the telephone is turned off there, everything that could interfere with the interrogated’s concentration is removed, etc. Of course, one always has to take into account the specific capabilities that the investigator has.

5. Study of special questions that may arise during the interrogation (for example, on technology, accounting). For this purpose, the investigator, before interrogation, studies special literature, can consult with specialists, and by going to the site to personally familiarize himself with certain objects.

6. Determining the circle of interrogation participants. At the discretion of the investigator, a specialist or expert may participate in the interrogation; they play an active role - they can give explanations on issues that arise during the interrogation, ask questions to the interrogated person with the permission of the investigator. A defense attorney may also participate in the interrogation (in cases specified by law); translator (when interrogating deaf and mute people or people who do not speak the language in which the investigation is being conducted); teacher; legal representatives or relatives of the minor.

The success of the interrogation largely depends on the correct selection of participants. A competent specialist who well understands the objectives of the investigation, an experienced translator or teacher are indispensable assistants to the investigator. When interrogating a minor, the decision about which of his legal representatives or relatives should be invited to participate in the interrogation is also of great importance.

7. Preparation necessary materials, as well as technical means of interrogation. Such materials include material evidence that will be presented during interrogation (they must be at hand), relevant case materials (bookmarks are made in the case beforehand), and technical means - primarily a tape recorder.

8. Drawing up an interrogation plan. The investigator must always plan the upcoming interrogation - outline in advance the questions that must be clarified, the order in which they are asked, the order in which physical evidence and other case materials are presented. Most often, the plan is outlined mentally, less often - in the form of short sketches. Only in some of the most complex cases is it advisable to draw up a detailed written plan indicating the tactical techniques that are expected to be used during the interrogation, the wording of questions, etc. Since during the interrogation a situation may not develop that was expected, or during the interrogation the situation may change dramatically, the investigator must provide several options for the plan and be able to change the interrogation tactics in a timely manner.

It is not always possible for an investigator to thoroughly prepare for an interrogation. Lack of time, lack of materials about the personality of the interrogated, not always favorable interrogation conditions and other objective factors certainly complicate this task. However, in any case, the investigator must be able to properly prepare and tactically construct an interrogation.

Tactics of interrogation of witnesses and victims (interrogation in a conflict-free situation)

When interrogated in a non-conflict situation, the person being interrogated, as a rule, does not need to incriminate anything - he willingly talks about all the circumstances of the event himself. However, this does not mean that the reliability of the testimony of the interrogated is guaranteed in all cases: the interrogated may forget about something, or perceive some elements of the event incorrectly (due to the transience of the event, strong emotional arousal, fear, etc.). In other words, during interrogation in a non-conflict situation, the interrogated may “not convey” part of the information relevant to the case to the investigator or convey it in a distorted form. And this does not happen as an exception, but, on the contrary, quite often. Thus, according to the results of one study, the testimony of 44.9% of victims did not fully correspond to the actual circumstances of the event under investigation.

This means that the investigator’s task during interrogation in a non-conflict situation is to assist the interrogated in restoring the actual picture of the event under investigation and in recalling forgotten facts.

There are a number of tactical interrogation techniques in a non-conflict situation.

In particular, when calling witnesses and victims, there is usually no need to use subpoenas with a warning that in case of failure to appear, they can be delivered by force. It makes sense to more widely practice invitations to interrogation by business or home telephone, and if the invitation is made in writing, not by summons, but by a simple informal note.

What matters is the form of warning the interrogated person about criminal liability for evasion or refusal to testify and for giving knowingly false testimony. The investigator must be able to explain to the interrogated the seriousness and responsibility of the upcoming investigative action and at the same time do this without excessive formality, so as not to interfere with the establishment of psychological contact, not to “scare off” the interrogated.

Of course, if there is reason to believe that the witness or victim does not intend to tell the truth, the appropriate warning should be given in a different, more severe form.

This technique is also very effective - interrogation in chronological order. The person being interrogated is asked to remember what he did on a particular day, starting with certain point. Consistently recalling the events of that day in memory, the interrogated person can often name facts and circumstances that he could not remember before. At the same time, it is possible to restore the chronological sequence of events either starting from an earlier moment, or vice versa - from a later to an earlier moment.

Often, during interrogation in a conflict-free situation, questions are used that activate associative connections in the mind of the witness. For example, if a witness cannot remember when he met the accused, it makes sense to ask him whether they met on a holiday or on a weekday, what the weather was like on the day of the meeting, etc. Sometimes this is enough to restore the entire picture of the event in the witness’s memory.

Good results are also obtained by presenting the interrogated with various physical evidence, photographs, diagrams, plans. In particular, when investigating road traffic accidents, a witness can be asked to show on a diagram in which direction he was moving, at what point he was at the time of the event, where the relevant vehicles were at that time. After looking at a group photograph, the interrogated person often remembers the details of the event, the names of persons of interest to the investigator, and much more.

Finally, interrogation at the scene of the incident is often very effective.

When using these and other techniques, one should, however, be very careful: one must always remember that if they are used ineptly, one can imperceptibly cross the line beyond which assistance to the interrogated person in restoring the actual picture of the event and recalling forgotten facts ends and suggestion, “hints” begin , leading questions, which is completely unacceptable.

Tactics of interrogation of suspects and accused (interrogation in a conflict situation)

As a rule, the suspect or accused remembers well the circumstances of the crime and everything that relates to it. Facts of forgetting here are very rare and uncharacteristic, since the person being interrogated is inevitably interested in the event, constantly thinks about it, and mentally reproduces the entire picture of the event many times. However, very often the suspect or accused believes that it is not in their best interest to tell the truth, or at least the whole truth. Therefore, in their testimony they usually paint a distorted picture of the incident, keep something silent or tell something differently from what actually happened. In other words, in this case the interrogated person does not need to be helped to remember something - we need to extract truthful testimony from him.

Before talking about interrogation techniques in a conflict situation, it should be noted that the investigator’s task during interrogation is not to ensure that the interrogated person necessarily admits his guilt, but to obtain complete and truthful testimony from him. A deliberately accusatory bias and tendentiousness of the investigator during the interrogation, when he, not yet having the necessary evidence, demonstrates distrust of every word of the interrogated, can only harm the case.

The testimony of a suspect or accused is not only a source of evidence, but also a means of exercising the right of these persons to defense. This means that the investigator must be psychologically prepared for silence, omissions, attempts to justify himself, and even outright lies on the part of the interrogated person.

It must also be remembered that the testimony of the suspect or accused, although not exclusive evidence, does not have a formal advantage over other types of evidence, and is very important from the point of view of establishing all the circumstances of the event. If the suspect or accused begins to tell the truth, he usually reports some new facts, names details of the event that were not previously known to the investigator; in the future, when this testimony is confirmed, the guilt of this person is irrefutably proven.

Finally, giving truthful testimony to suspects or accused is the first and very important step towards their moral and legal disarmament, and subsequent re-education.

From all that has been said, the conclusion follows: interrogation in a conflict situation should be carried out in strict adherence to the law, without any bias, but at the same time actively, offensively, with the goal of obtaining truthful testimony.

One of the main tactical techniques of interrogation in a conflict situation is to identify the motives for giving false testimony and eliminate these motives. Such motives may be, for example, the desire to evade responsibility or achieve a less severe punishment, fear of revenge from accomplices, pity for them, etc. In such cases, the investigator must convince the interrogated person that it is impossible to evade responsibility in this way - his guilt will still be proven and the punishment, on the contrary, will be more severe; that law enforcement agencies are able to provide him with the necessary protection; that his accomplices, for their part, do not feel sorry for him and are guided only by their own interests. Perhaps not immediately, but ultimately, the person being interrogated usually agrees with these arguments and refuses to accept the lie.

Maximum detail and specification of testimony is often very effective, if necessary, in combination with repeated interrogation. At the same time, the investigator ensures that the interrogated person talks in as much detail as possible about the event itself, about what preceded it, what happened after it. If the person being questioned gives false testimony, he may become confused about the details; also detailed

testimony is much easier to verify and refute by presenting relevant evidence during re-interrogation.

In some cases, truthful testimony can be obtained by stimulating the positive qualities of the suspect or accused. To do this, it is necessary to identify and activate, for example, such qualities of the interrogated person as self-esteem, courage, humanity (in particular, his desire to correct or reduce the harm caused by the crime). Of course, this technique can only be used in relation to those suspects or accused who still have the corresponding positive qualities.

The main technique used during interrogation in a conflict situation is the presentation of evidence.

Evidence can be presented in two ways - either in increasing sequence (from weaker to stronger), or starting immediately with the most important evidence. The first method is practiced when there is relatively a lot of evidence, but none of it is particularly strong or decisive. The investigator’s calculation is based on demonstrating to the interrogated a series of evidence in the form of an orderly chain, convincing him of the pointlessness of denial and of the need to tell the truth. The second method is used when there is relatively little evidence, but among them there is one very compelling one or one that the interrogated person is not psychologically prepared to refute.

Of course, in addition to all these techniques, establishing psychological contact with the person being interrogated is of great importance for the success of interrogation in a conflict situation.

It should be noted that for methodological purposes, conflict-free and conflict situations are strictly distinguished, but in real life It often happens that during the same interrogation one has to deal with both situations at once (when the interrogated person gives truthful testimony in one episode and tries to deceive and disorient the investigator in another). In such cases, the investigator also needs to show due flexibility and use various techniques - first aimed at helping the interrogated in remembering what was forgotten, and then (during the same interrogation) - at exposing the interrogated in giving false testimony.

Recording the progress and results of the interrogation

The main means of recording evidence obtained during interrogation is a protocol. Testimony is recorded in the protocol, verbatim if possible, in the first person, preserving the originality of the speech of the interrogated.

At the same time, unnecessary information, the initial statements of the interrogated person, which he refused even before the investigator had time to write them down, are not recorded. As a rule, slang expressions are not recorded (they are transmitted in commonly used form).

After the free story, questions and answers are recorded, the facts of the presentation of evidence and the reading of the testimony of other persons are reflected.

Each page is certified at the bottom with the signature of the person being interrogated. If an interpreter participated in the interrogation, he 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.

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

In recent years, when investigating the most serious 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 is only an annex to it.

Before the interrogation begins, the investigator is obliged to warn the interrogated person that his testimony will be recorded on a phonogram. The phonogram must contain all the necessary details of the interrogation protocol: date and place of the interrogation; 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 evasion or refusal to testify and for giving knowingly false testimony, etc. The law specifically stipulates that audio recording of part of an interrogation, as well as repetition specifically for audio recording of testimony given during the same interrogation, is 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’s statement is recorded that his testimony was recorded correctly. Then the phonogram records 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. allows you to get an idea of ​​the course of the interrogation, how it was conducted, how the investigator formulated the questions, in what form the answers were given, etc. It ensures completeness and accuracy of fixation, eliminates possible mistakes when recording readings. Its use also has great psychological significance. “The main advantage of sound recording,” writes L.M. Karneev, - its deterrent influence on persons intending to change truthful testimony to false. References to incorrect interrogation methods, persuasion, and inaccurate recording of testimony can be easily refuted when playing back the audio recording.”

In addition to sound recording, drawings and diagrams made by the interrogated person (drawing of a knife, diagram of a site) can be used as additional means of recording during interrogation. They are signed by the interrogated person and the investigator; appropriate explanatory notes are placed on them. A note about the production of a drawing or diagram is also made in the interrogation protocol.

Confrontation tactics

Confrontation is a special type of interrogation; This 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. Its procedure is regulated by Art. 162, 163 Code of Criminal Procedure of the RSFSR.

Although confrontation is a fairly effective investigative action, it is advisable to resort to it only if two conditions are met. Firstly, the contradictions contained in the testimony of two persons must be truly significant and significant for the case (it must be borne in mind that some discrepancies in the testimony are always inevitable due to the peculiarities of the 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 the 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. His answer and explanations on the merits are also recorded in the protocol.

Then the first participant is usually asked again whether he insists on his 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. Each participant signs their responses 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. However, if the participant who, in the opinion of the investigator, gives truthful testimony, confirmed them in the presence of another participant and stated that he insists on his testimony, the purpose of the confrontation is achieved. It is also achieved when the participant in the confrontation, who exposed the suspect or accused, refuses his testimony, since this also helps to establish the truth in the case.

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 the confrontation, a presentation for identification is carried out, of course, if one of them or both of them is able and 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, confrontations always take 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 contradictory friends to a friend.

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 important, but not the only way eliminating inconsistencies in evidence. 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 question and only then detail the testimony, whether it should be detailed if the interrogated remain in their positions and contradictions on 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 confidence that the 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. Because the we're talking about to clarify 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 that 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.

1. Concept and types of interrogation

Interrogation– this is a procedural action, which is an informational and psychological process of communication between the persons participating in it, regulated by criminal procedural norms, aimed at obtaining information about facts known to the interrogated person that are important for establishing the truth in the case.

The procedural order of interrogation is regulated by Art. 107, 143-146, 166-171, 201, 300, 303, 304, 307, 308, 311 Code of Criminal Procedure of Ukraine. Failure to comply with the procedural rules of interrogation is a violation of the law and entails the invalidity of the action taken and the inadmissibility of the testimony obtained as a source of evidence.

Purpose of interrogation is to obtain complete and objectively reflective evidence. These statements are sources of evidence, and the factual data they contain is evidence.

Subject of interrogation is the range of circumstances that the investigator intends to find out through interrogation. These include circumstances related to the crime event itself (its method, manner of commission, time, consequences, etc.), establishing or refuting the guilt of certain persons in its commission and the motives of their actions. The subject of the interrogation depends both on the procedural position of the interrogated person and on what information he may have. The investigator determines the subject of the interrogation in preparation for its conduct. The subject of interrogation finds its specific expression in the interrogation plan, in the form of a list of circumstances to be clarified.

Interrogation is divided into the following types:

1. According to the procedural position of the interrogated:

Interrogation of a witness;

Interrogation of the victim;

Interrogation of a suspect;

Interrogation of the accused;

Interrogation of the defendant;

Expert interrogation.

2. According to the age of the interrogated:

Interrogation of an adult;

Interrogation of a minor;

Interrogation of a minor.

3. According to the composition of participants:

Interrogation without the participation of third parties;

Interrogation with the participation of third parties (defender, expert, prosecutor, teacher, parents, etc.).

4. By sequence:

Primary interrogation;

Repeated interrogation (circumstances about which the interrogated person already testified during the previous interrogation are clarified);

Additional interrogation (obtaining evidence regarding circumstances that were not discussed during the previous interrogation).

5. At the venue:

Interrogation at the scene of the incident;

Interrogation in the investigator's office (court hearing);

Interrogation at the place of work or place of residence;

Interrogation in a medical institution.

6. Depending on the subject of the event:

Interrogation conducted by the investigator;

Interrogation conducted by the prosecutor;

Interrogation conducted by a judge.

2. Preparation for interrogation

A necessary condition for obtaining effective interrogation results is its preparation, which includes:

Studying the case materials and determining the possibility of obtaining information through interrogation;

Determining the circle of persons to be interrogated;

Determining the subject of interrogation, i.e. the circumstances that the investigator intends to find out through interrogation;

The study of a person who is subject to interrogation, which consists of studying his socio-psychological characteristics, level of intelligence, education. This is necessary to establish psychological contact with the person and correctly evaluate the evidence received;

Determining the time and place of the interrogation. According to the Code of Criminal Procedure of Ukraine, interrogation should not be carried out at night, except in urgent cases (night time from 22 to 6 o'clock);

Determining the need to use technical means of recording the interrogation and inviting specialists and other interrogation participants (interpreter, teacher). According to the Code of Criminal Procedure of Ukraine, the progress and results of the interrogation are recorded in the interrogation protocol. The interrogated person has the right to present his or her testimony in his own hand. The interrogated person reads his testimony and signs each page of the protocol. The testimony of the interrogated person is recorded in the first person and, if possible, verbatim. Additional means recording the progress and results of the interrogation is video and sound recording.

Drawing up an interrogation plan.

3. Interrogation procedure

The interrogation can be divided into stages: preparatory, free story, answering questions and final.

At the preparatory stage, the investigator establishes the identity of the interrogated person, his personal data, and explains his rights and obligations. Then the investigator clarifies the relationship between the witness and the suspect or accused, as well as the victim. The investigator explains the provisions of Art. 63 of the Constitution of Ukraine, which declares that a person is not responsible for refusing to give evidence about himself, family members and close relatives. The witness is warned of criminal liability for giving knowingly false testimony and for refusing to testify. The victim - for giving deliberately false testimony. The accused is asked whether he pleads guilty. According to Art. 168 of the Code of Criminal Procedure of Ukraine, a person under 16 years of age is not warned of criminal liability.

At the stage of a free story, the interrogated person reports the circumstances of the case known to him. Such a presentation allows him to concentrate, remember individual facts and details of the incident. The investigator is recommended to listen carefully, without interrupting, to the free story.

If the interrogated person is silent about significant information, or the data he provides contradicts the case materials, the interrogation is transferred to the next stage, when it is necessary to use tactics that encourage testimony. They are based on asking questions that can be used to obtain information about significant facts and circumstances, or clarify the indications, eliminate inaccuracies in them.

It is prohibited to pose questions whose wording contains the answer, part of the answer or a hint to it. During interrogation, tactical methods associated with deception, threats or blackmail, humiliation of the honor and dignity of the interrogated person, and inducement to give false testimony are unacceptable.

At the final stage of the interrogation, the preparation of the protocol ends, the interrogated person familiarizes himself with it, then he signs each page of the protocol.

4. Confrontation tactics

The procedural procedure for confrontation is regulated by Art. 172, 173, 304 Code of Criminal Procedure of Ukraine. Confrontation is an investigative (judicial) action consisting of alternating interrogation in the presence of each other of previously interrogated persons about the circumstances in respect of which they gave significantly contradictory testimony.

The main characteristics of confrontation are:

Unity of subject matter (both persons are interrogated under the same circumstances);

Unity of the object (confrontation involves a process of continuous comparison of the testimony of two simultaneously interrogated persons);

Unity of time (interrogation of two persons is carried out in the presence of each other during this investigative action);

Unity of place (both persons are interrogated in the same place);

Unity of documentation (the confrontation procedure is recorded in a single protocol).

In preparation for the confrontation, the following questions should be resolved: between whom it will be held, and what contradictions should be eliminated; what order of interrogation of persons in a confrontation will be more effective; what questions to ask.

Conducting a confrontation can be divided into the following stages: preparatory, working, final.

On preparatory stage, the investigator establishes the identities of the persons summoned to the confrontation. Next, it finds out whether the persons summoned to the confrontation know each other and what kind of relationship they have with each other. Witnesses are warned of criminal liability for refusing to testify and for giving knowingly false testimony, and victims - for giving knowingly false testimony.

At the working stage, the persons summoned to the confrontation are one by one asked to testify about the circumstances of the case to clarify which the confrontation has been appointed. After this, the investigator asks questions. Persons summoned to confrontation may, with the permission of the investigator, ask questions to each other.

On final stage, the preparation of the confrontation protocol ends. Persons invited to the confrontation are familiarized with the protocol of the confrontation. The protocol is signed by the persons invited to the confrontation, as well as by the investigator.

5. Recording the progress and results of the interrogation

It is important for the investigation to have the correct recording the results of the interrogation in the protocol, where the data reported by the interrogated must be fully and objectively reflected. Three methods of obtaining testimony are recommended: free story, question-answer, and a combination of the first and second methods. This is reflected in the interrogation protocol. The provisions that guarantee the most correct and accurate recording of testimony boil down to the fact that: testimony is recorded in the first person and, if possible, verbatim; questions posed and answers to them, if necessary, are recorded verbatim; at the request of the interrogated person, he is given the opportunity to present his testimony in his own hand, which is noted in the protocol by the investigator; the protocol cannot be stylized, it must reflect the expressions used by the interrogated; The protocol is signed by the person being interrogated, the investigator and other persons present at the interrogation.

The interrogation protocol must contain: a note warning the interrogated person (witness) about criminal liability for refusal to testify and for giving knowingly false testimony, which is confirmed by his signature; a note explaining the provisions of witness immunity; a note about explaining to the interrogated what crime he is suspected of committing, and his right to defense; a statement by the accused as to whether he pleads guilty; information about the translator, expert, defender, teacher, parents or other legal representatives of the minor.

During the interrogation, the witness or the accused can, at his own request or at the suggestion of the investigator, make diagrams, drawings, drawings, plans that explain his testimony. They must be certified by the signatures of the interrogated person and the investigator.

The method of recording the interrogation can be audio and video recording. In accordance with the criminal procedure law, such recording is carried out after notification of all participants in the investigative action before it begins. It is advisable to use audio or video recordings in cases of interrogation of minors, persons inclined to renounce their testimony, to record the testimony of victims who are in a serious painful condition, persons whose speech characteristics cannot be reflected in a written protocol, persons interrogated with the participation of an interpreter, etc. At the end of the interrogation, the sound recording is played back in full to the interrogated person, who certifies its correctness with his statement. All additions and amendments to the testimony are recorded on the phonogram.

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 personality at the first stage are detailed analysis 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.

A characteristic feature of the 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 numerous cases when those detained for crimes are called 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, mined criminally; 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 for compensation 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 distinction is made between a search of premises, a site in the use (ownership) of a citizen, vehicles, a 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, neatness) can affect the place and possible way concealment, and therefore the selection of technical means, as well as predicting the possible resistance to those being searched or the destruction of what is being sought. 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 the stolen property, the distribution of roles of members of an organized group, the duration 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 item is small, then we can assume that before the search it could have been in the possession of the person being searched, who could hastily hide it at the last moment.

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.

Specialists play an important role. 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 for 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 the 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 death.

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. Reviewed 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 the actions and the tasks being solved, it is advisable to distinguish three relatively independent stages of the 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. They can answer telephone calls and calls at the front door only with the permission of police officers. In order to prevent communication with outside world They are provided with constant security and surveillance. 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.

At the final stage of the 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 inability to stop production activities, completely isolate the premises being searched and those present, and also keep 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, wardrobe, 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 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. Their fundamental differences 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 activities largely ensure the legality and reliability of the identification results and include an analysis of the investigative situation and decisions made about the conduct of 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 arbitrage practice indicates that identification not based on a preliminary description of signs (signs) or 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. The condition of his head and face is of particular importance. 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 posed, since the invited citizens are considered only extras (performing a role without words), or is posed in a 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, behavioral characteristics are not evidence, but for inner conviction investigator or person conducting the inquiry, they are important as a guiding factor and may 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: categorically positive (“I recognize him as the same”), presumptive (“Similar in more or less to a lesser extent to someone 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 identification presentation is to, using tactical techniques, asking clarifying, detailing, and sometimes control questions, to help the identifier reveal and justify his judgments. In no case should you limit yourself to the general words of the identifying person. 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 a categorical identification, the identifier's explanation should contain only brief information about the situation in which the identified person was perceived, since he was questioned in detail about this. When presented for identification in cases of rape and others where intimate aspects of life are affected, for ethical reasons it is undesirable to repeat in the presence of strangers testimony that causes shame in the identifying person; one should limit oneself to only 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.

Interrogation- the most common of all investigative actions. At first glance, conducting an interrogation does not present any particular difficulties. However, this ease is only 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 the manner prescribed by law, the testimony of witnesses, victims, suspects, accused, experts or specialists about facts known to them that are relevant to 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 being interrogated (Articles 173-174, 187-191 of the Code of Criminal Procedure of the Russian Federation).

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

According to Art. 187 of the Code of Criminal Procedure of the Russian Federation, interrogation cannot continue continuously for more than four hours. Continuation of the interrogation is allowed after a break of at least one hour for rest and eating, and the total duration of the interrogation during the day should not exceed eight hours. If there are medical indications, the duration of the interrogation is established based on the doctor’s opinion.

A witness or victim is summoned for questioning by subpoena or other means (by telephone, telegram). If the person summoned for questioning does not appear on time and does not notify the investigator in advance of the reasons for his failure to appear, he may be brought in by force. A person under the age of 16 is called through his legal representatives or through the administration at the place of work or study. A different order of calling is allowed if it is caused by the circumstances of the case. The serviceman is summoned for questioning through the command of the military unit.

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

Before interrogation, the investigator is obliged to verify the identity of the person being interrogated, then explains to the person his rights, responsibilities and the procedure for conducting the interrogation. The interrogated person (except for the suspect and the accused) is also warned about liability for knowingly false testimony and for refusal to testify. If the investigator has doubts whether the interrogated person speaks the language in which the investigation is being conducted, then he finds out in what language the interrogated person wishes to testify.

Asking leading questions is prohibited. Otherwise, the investigator is free to choose interrogation tactics.

The interrogated person has the right to use documents and records.

At the initiative of the investigator or at the request of the interrogated person, photography, audio or video recording, filming may be carried out during the interrogation, the materials of which are stored in the criminal case and are sealed after the completion of the preliminary investigation.

If the witness came for questioning with a lawyer, the latter has the right to give him brief consultations in the presence of the investigator, ask questions with the permission of the investigator, and make written comments regarding the correctness and completeness of the entries in the protocol. The investigator may dismiss the lawyer's questions, but is obliged to enter the dismissed questions into the protocol. At the end of the interrogation, the lawyer has the right to make statements about violations of the rights and legitimate interests of the witness. These statements must be entered into the protocol.

The interrogation of a victim or witness under the age of 14, and at the discretion of the investigator, from 14 to 18 years, is carried out with the participation of a teacher. When interrogating a minor victim or witness, his legal representative has the right to be present. Victims and witnesses under the age of 16 are not warned of responsibility for refusing to testify and for giving knowingly false testimony - they are explained that they must tell only the truth, everything that they know about the case.

The accused must be questioned immediately after being charged. Before the interrogation, he may have a meeting with the defense lawyer alone and confidentially, without limitation of duration. At the beginning of the interrogation, the investigator must find out from the accused whether he pleads guilty, whether he wishes to testify on the merits of the accusation and in what language. If the accused refuses to testify, the investigator makes a note about this in the interrogation record.

Repeated interrogation of the accused on the same charge if he refuses to testify at the first interrogation can be carried out only at the request of the accused himself.

As a rule, the interrogation of any participant in the process actually falls into three stages:

• 1) finding out the necessary information about the identity of the person being interrogated (filling out the questionnaire part of the protocol);
• 2) free story;
• 3) question-answer stage (some authors identify a fourth stage - recording the progress and results of the interrogation).

It is not recommended to interrupt the interrogated during a free story; Of course, the investigator can ask clarifying and specific questions, but, as a rule, they should not be reflected in the protocol. The first two stages are mandatory; the third (question-answer) is optional. If the investigator, having recorded the testimony of the interrogated, given during a free 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:

• 1) the procedural status of the person being interrogated (interrogation of a witness, victim, suspect, accused, expert, specialist);
• 2) the age of the person being interrogated (interrogation of an adult, a minor, a juvenile);
• 3) the composition of participants (without the participation of third parties, with the participation of a defender, expert, specialist, parents or legal representatives of a minor, teacher, translator);
• 4) place of interrogation;
• 5) the nature of the investigative situation (conflict-free or conflict). A conflict-free situation during interrogation is characterized by a complete or predominant coincidence of interests of the interrogator and the interrogated and usually arises when a victim or witness is interrogated. On the contrary, a conflict situation, as a rule, arises during the interrogation of a suspect or accused who does not want to give truthful testimony and resists the investigator;
• 6) whether this person has been interrogated in this case before or whether he is being interrogated for the first time (initial or initial, repeated, additional interrogation). An interrogation is considered repeated when testimony is again given on issues on which they were already given at the previous interrogation or during previous interrogations; additional - when testimony is given on issues that were not covered during previous interrogations. Moreover, if during the initial interrogation the questionnaire part of the protocol was filled out completely and correctly, it is not filled out during repeated and additional interrogations.

A special, specific type of interrogation is a confrontation.