The correct conduct of certain actions hasvery important for the discovery of the perfect crime. Interrogation of the suspect at the stage of preliminary investigation requires the official to have strength and patience, as well as a detailed study of all the testimonies received. After all, they are further reinforced or refuted by other evidence in the case.
Лицо, в отношении которого возбуждено дело о committed atrocities, should be called to a conversation in law enforcement as a suspect. If the alleged attacker was detained for two days, then conducting a procedural conversation with him should be carried out in the first 24 hours. In this case, the detainee has the right to the assistance of a defense counsel, the appearance of which the investigator must provide.
The record of interrogation of a suspect is drawn up by an employee of law enforcement agencies with observance of all procedural norms and rules. The document identifies:
После ознакомления с протоколом он подписывается the suspect and his counsel. Then the document is certified by the investigator. If a person suspected of an atrocity is at large, then for interrogation, it is called by a summons or by phone, as well as by other means of communication. In case of non-appearance, such a person is subject to a drive. The interrogation protocol of the suspect is a procedural document. It has legal force. It is necessary for a detailed investigation of the case and its subsequent transfer to the court.
When conducting a procedural survey of a personSuspected of the perfect act, you need precise time compliance. In this case, the period of interrogation can not last more than four hours without a break for rest and lunch. The maximum time for a procedural conversation with a suspect is 8 hours per day. In the event of the poor state of health of the alleged intruder, the period of his interrogation shall be established on the basis of the opinion of the medical specialist.
Conduct an official conversation with the investigatorsuspects are only possible after being charged with the act committed. Up to this point it is not considered that the person has committed a misdemeanor. The interrogation of the accused is carried out in accordance with the code of criminal proceedings. It is necessary for the suspect to justify himself. He must object to the charges against him, argue his case, and also use the help of his lawyer to prove his complete innocence.
Before conducting a survey, the investigator finds outthe accused: whether he wants to give testimony in essence or refuse them. After that, a law enforcement officer makes a record of this in the protocol. The interrogation of the accused, in the event of his refusal to testify for the first time, can be carried out again. But this is only possible when the accused himself will ask for it.
The person recognized as the victim in the case is calledon the official conversation to the investigator on the agenda. She is handed to him personally under the painting. If at the time of delivery of the agenda the victim was not at home, then it should be received by one of the adult family members. Or it can be transferred to the victim through the administrative staff at his place of work. If the victim can not appear on the call of the investigator, then he must warn him about it. Otherwise, the victim may be subjected to compulsory escort to law enforcement agencies.
Interrogation of the victim is carried out on the basis ofCriminal Procedure Code. He also can not last more than four hours without a break for rest and eating food. The greatest time for an official conversation with the victim is 8 hours per day. If a person cannot be in the interrogation for a fixed time on the case or on the basis of his state of health, then a different period of time is stipulated for him on the basis of the medical specialist’s opinion. Interrogation of the victim is primarily necessary in order to detail the whole picture of the crime that has occurred and to bring the perpetrator to justice with the help of other testimonies.
In this case, when conducting suchan investigative action, like the interrogation of a person under the age of 18 who is suspected of having committed a crime, the participation of a teacher or psychologist is necessary. The specialist must be present, especially if the child has certain mental disorders. Otherwise, participation in the official survey of these persons may be allowed only with the permission of the investigator. Interrogation of a minor suspect without a break can not last more than 2 hours a day. The maximum time for an official conversation is 4 hours.
Adults, namely pedagogical andA psychologist who participates in the procedural conversation of the investigator and the minor suspect has the right to ask the latter questions only with the consent of the law enforcement officer. The interrogation of a minor suspect is conducted with the participation of the defense counsel. He asks his client questions during the procedural conversation, after which he becomes acquainted with the protocol and makes his comments, if any.
Перед проведением допроса следователю предстоит carefully study the available materials of the case, and then resolve the issue with the challenge of those who can give interesting testimony about the crime committed. It is best to conduct an official interview with a suspect who is at large, in more comfortable conditions for him and, if possible, outside the walls of law enforcement agencies. This will greatly improve his emotional state. Accordingly, he will quickly make contact with the investigator.
The same goes for calling witnesses in the case.They will not always tell the truth to the investigator, even under the threat of criminal punishment, unless he psychologically disposes them to himself. Properly chosen interrogation tactics will greatly facilitate the task of the investigator in solving a crime. Therefore, to conduct such a conversation should be in a calm tone, starting with the main and interesting, but not leading questions.
When an investigator conducts a procedural conversationwith the interrogated person, the protocol must be completed. It is a procedural and legally significant document, which records all ongoing investigative actions. The record of the interrogation of the suspect is as follows:
Nilsky 17.02.20_g.
Beginning of interrogation: 12 hours. 02 min
Ends: 15 hours. 00 min.
Investigator of the investigation department of the Department of Internal AffairsNilsky, police major Ivanov, in office No. 23 of the Nile Department of Internal Affairs, on the basis of art. 46, 189 and 190 Code of Criminal Procedure, interrogated as a suspect in the criminal case number 1111111:
1. Full name.
2. Date and place of birth.
3. Place of residence and registration.
4. Citizenship.
5. Place of work or study.
6. Information about education.
7. Marital status.
8. Conscription.
9. Conviction (is or not).
10. Passport details.
Suspect _____________ (Signature)
Persons involved in the case (defense counsel) and his order (indicate the number)
Further, the suspect is explained his rights, after which he is signed.
Suspect _____________ (Signature)
The very text of the interrogation describing all the circumstances of the case, which is signed by the suspect and defense counsel
Suspect _________ (Signature)
Defender _________ (Signature)
After that, the protocol is presented to the lawyer and his client for reading and making corrections, if necessary.
Suspect __________ (Signature)
Defender ____________ (Signature)
This protocol is based on the Code of Criminal Procedure
Police Major Investigator
Nile Department of Internal Affairs ______________ Ivanov
In the event that duringthe processual conversation was conducted audio or video, then this is recorded in the protocol of the interrogation of the suspect. He confirms her confirmation with his signature, and also the defender leaves his autograph. In the photo below you can see how this document looks.
The protocol is filled out and printed.the investigator himself. When carrying out procedural actions, an ATS officer uses a computer or other available equipment to speed work. If difficulties arise with the seal, the investigator may need additional time to prepare the interrogation report. The form for manual filling is not in all departments of law enforcement. Therefore, sometimes there are minor technical difficulties that are solved very quickly.
