Tactical features of the interrogation of the accused in the presence of the defender

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In accordance with the changes in the criminal procedure legislation of the Russian Federation aimed at expanding the accused’s right to protection, the defender is given the opportunity to actively participate in preliminary investigation, including during interrogation of the accused. In this regard, this paper discusses the possibility of using “classical” tactical methods of interrogation of the accused in the presence of a defense lawyer. When deciding on the possibility of using a particular tactic during the interrogation of the accused, the investigator must take into account that the accused’s interests are represented by a professional lawyer (advocate), who is well aware of forensic tactics, has legal experience and work experience in the profession. In this regard, the investigator must assess not only the effect that tactical techniques can have on the accused, but also to provide for what retaliatory tactics the defender can use in order to prevent the investigator's intentions to catch the accused in crime. The paper deals with tactical methods of interrogation of the accused and possible actions of the defender aimed at their neutralization.

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Interrogation tactics, accused, defender, defender's counteraction to the investigator's tactics, preparation for the interrogation of the accused

Короткий адрес: https://sciup.org/142232876

IDR: 142232876

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