Interrogation as an investigative action in Russian criminal proceedings
Автор: Zagoryan S., Kotelnikova O.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Уголовно-правовые науки (юридические науки)
Статья в выпуске: 2 (105), 2023 года.
Бесплатный доступ
Introduction: some problematic issues of one of the most common investigative actions in Russian criminal proceedings - interrogation are investigated in this article. Attention is placed on the fact that no criminal case can be investigated without interrogation. Both procedural aspects of interrogation and tactical methods of interrogation are considered. It is noted that interrogation as an investigative action is not only a way to obtain evidence, but also a psychological "duel" between the investigator (interrogating officer) or the court and the interrogated person. The analysis of problematic issues arising during the interrogation of a certain category of interrogated persons with witness immunity was carried out. Materials and Methods: the normative basis for the study of interrogation as an investigative action in the Russian criminal proceedings was formed by the criminal procedure law and local regulatory legal acts of the Russian Federation. The methodological basis of the study was the dialectical method of cognition of social phenomena and processes, as well as the methods of logical deduction, cognition, comparison, systematic approach, analysis, generalization and description. The results of the study: allowed to reflect the problems that arise in practical and scientific activities, due to insufficient research and development of the institution of interrogation in the Russian criminal procedure legislation. Findings and Conclusions: in the field of practice and scientific research in the field of interrogation, as one of the main types of evidence, a number of problematic issues arise due to shortcomings in the criminal procedure law. The need for additional analysis and research of the institution of interrogation is noted in order to make changes and additions to the criminal procedure legislation. Based on the results of the study, possible ways to solve the problems of the institution of interrogation are proposed, it is proposed to amend Art. Art. 175 and 178 of the Code of Criminal Procedure of the Russian Federation.
Crime investigator, investigator, court, interrogation, psychological "duel", problematic issues, evidence, procedural actions, preliminary investigation, judicial investigation
Короткий адрес: https://sciup.org/143180379
IDR: 143180379 | DOI: 10.55001/2312-3184.2023.41.91.014