Legal criterion for the admissibility of using tactical methods of interrogation of the accused (suspect)

Автор: Globa Valeria V.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 5, 2023 года.

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The paper considers some features of the legal criterion for the admissibility of using tactical methods of interrogation of the accused (suspect). The author notes that in forensic science there is currently no unified approach in determining the criteria for the admissibility of using tactics. A number of researchers believe that these techniques are characterized by signs, while others, on the contrary, indicate that they have criteria. In addition, there is no unified view of the classification criteria for tactical moves. The paper notes that the sign or criterion of tactical methods designated in science - legality, in its content cannot cover the entire component of the application of the studied methods. According to its content, legality is a principle that consists in the observance of the law. Legal, in turn, means a ground or criterion that is based on law. With this in mind, the author believes that it is more correct to use the term “legal criterion”. Within the framework of the study, special attention is paid to the legal regulation of tactics in the interrogation of the accused (suspect). In summary, conclusion dwells upon the fact that the legal criterion for the admissibility of using tactical methods of interrogation of the accused (suspect) should be understood as a set of normatively fixed methods (methods) that the investigator or interrogating officer has the right to use in the course of interrogation in order to obtain truthful information about the significant circumstances case under investigation. An important component of the implementation of the named criterion is the connection between criminal procedural norms and forensic knowledge.

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Legal criterion, criterion, legality, interrogation, investigative action, sign

Короткий адрес: https://sciup.org/149142609

IDR: 149142609   |   DOI: 10.24158/tipor.2023.5.16

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