Features of Interviewing Witnesses and Victims during the Investigation of Violations of the Laws and Customs of War
Abstract
Abstract. One of the main tasks of our state is to repulse the armed aggression of the Russian Federation, restore the violated rights and freedoms of Ukrainian citizens, and ensure the principle of irreversibility of responsibility for those guilty of war crimes in Ukraine. Under these circumstances, there is a need for a pre-trial investigation of a war crime under Art. 438 of the Criminal Code of Ukraine "Violation of the Laws and Customs of War" and conducting important investigative (investigative) actions – interrogation of witnesses and victims in criminal proceedings. The purpose of the article is to study the tactical and psychological features of the interrogation of witnesses and victims during the investigation of violations of the laws and customs of war. In order to achieve it, the following tasks were solved: the interpretation of interrogation at the current stage of the development of legislation, science and practice was revealed; the investigation of violation of the laws and customs of war is characterized; tactical and psychological peculiarities of the interrogation of witnesses and victims during the investigation of violations of the laws and customs of war were formed. In addition to philosophical methods and methods of formal logic (analysis, synthesis, deduction, induction), special legal methods (comparative-legal-systemic-structural) and the method of systemic analysis were used to achieve the set tasks. It was established that the interrogation at the current stage is interpreted as an investigative (search) action, regulated by the Criminal Procedure Code of Ukraine; informational and cognitive process; the practical activity of the representatives of the CCP of Ukraine, aimed at ensuring the proof and achievements of criminal proceedings, which is implemented taking into account tactical and psychological features. It is emphasized that for the trial of violations of the laws and customs of war, in particular, both for the courts of Ukraine and the International Criminal Court, the main task is to establish a cause-and-effect relationship between the culpable actions of the aggressor country and the consequences that were caused by illegal actions. Taking into account these features, it is necessary to work carefully with the evidence base, in particular the documentation and investigation of war crimes, in accordance with international standards, which is implemented, including by conducting interrogations of witnesses and victims in criminal proceedings under Art. 438 of the Criminal Code of Ukraine. The criminal procedural legislation of Ukraine, in addition to the general principles, regulates the specifics of the procedure for carrying out criminal proceedings under martial law, which concerns the interrogation of witnesses and victims during the investigation of violations of the laws and customs of war. First of all, we are talking about the mandatory video recording of the interrogation of the witness, the victim, the results of which can be used both during the pre-trial investigation and the trial. Interrogation of witnesses and victims can be conducted in the mode of a video conference, and the legal mechanism specified in Art. 225 of the Criminal Procedure Code of Ukraine "Interrogation during the pre-trial investigation in the court session". Tactical and psychological features of the interrogation of witnesses and victims during the investigation of violations of the laws and customs of war should take into account their individual characteristics. Mandatory components are: preliminary study of both the event of the war crime and the identity of the witness or victim; establishment of psychological contact; providing an atmosphere of psychological safety, etc., which can be implemented with the help of a specialist psychologist.
Keywords: human rights; international crime; criminal proceedings; investigative (search) action; forensic support; martial law.
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