Tactical Interrogation Techniques during the Pre-Trial Investigation in the Court Session by the Investigating Judge: Forensic and Psychological Characteristics
Abstract
Abstract. The scientific article examines the tactical principles of conducting an investigative (search) action, regulated by Art. 225 of the Criminal Procedure Code of Ukraine – "interrogation during a pre-trial investigation in a court session by an investigating judge", attention is focused on its peculiarities. We are talking about the object of procedural and tactical influence – this is a witness, a victim, as well as a person in respect of whom an authorized body made a decision to exchange as a prisoner of war. The subject that implements procedural and tactical tasks is also special – this is the investigating judge. The purpose of the article. To characterize the tactical methods of interrogation during the pre-trial investigation in the court session by the investigating judge from forensic and psychological aspects. Methodology. In the research process, both general scientific and special legal methods were used: comparative legal, systemic structural, and the method of systemic analysis. Scientific novelty. A description of the tactical techniques used by the investigating judge in the process of direct interrogation during the pre-trial investigation in the court session and aimed at establishing psychological contact with the interrogated is given. Conclusions. It was found that the investigating judge chooses interrogation tactics depending on the following factors: a) interrogation situation (primary or repeated; conflict or non-conflict; presence of psychological contact); b) characteristics of the interrogated person: the procedural position of the interrogated person and his interest in achieving the goals of the criminal proceedings; psychological characteristics of the interviewee; individual features of the interrogated person in accordance with medical, personal, and psychological characteristics in accordance with Part 1 of Art. 225 of the Criminal Procedure Code of Ukraine (age (elderly or minor), state of health (presence of a serious illness), life circumstances (immigration to a permanent place of residence abroad, participation in hostilities to overcome armed aggression of the Russian Federation, injured person as a result of crimes of aggression or war crimes, there is a state of stress that affects the completeness and reliability of testimony, etc.); c) characteristics of the collected information in criminal proceedings to prove the circumstances of the event of the criminal offense under investigation in accordance with the content of the investigator's request, approved by the prosecutor. It was emphasized that the basis of interrogation tactics is a tactical technique. When interrogating a person during a pre-trial investigation in a court session, the investigating judge implements various tactical techniques depending on the situation that develops during the criminal proceedings. Common to tactical methods is their psychological basis, which finds its expression in the psychological mechanism of implementation.
Keywords: tactics; tactical method; investigative (search) action; conduct; psychological effect; obtaining testimony.
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