How are interrogations conducted? Interrogation with predilection. Tactical techniques for overcoming a conflict situation

Interrogation is a procedural action that consists in obtaining and fixing in the established procedural order the testimony of witnesses, victims, suspects and accused about the facts known to them that are important for the correct decision of the case.

The subject of interrogation may be various kinds of circumstances related to the event under investigation.

There are different types of interrogation. Depending on the procedural position of the interrogated, there are:

* interrogation of a witness;

* interrogation of the victim;

* interrogation of the suspect;

* interrogation of the accused.

If the classification is based on the age of the interrogated, the interrogation is divided into:

* interrogation of a minor;

* interrogation of a minor;

* interrogation of an adult.

The interrogation can be conducted without the participation of third parties, or with their participation, namely: with the participation of a defense lawyer, expert, specialist, parents or legal representatives of a minor, a teacher, an interpreter.

The interrogation can be:

* initial;

* repeated;

* optional.

Quite often, during the interrogation, a conflict situation arises. As a rule, a conflict situation arises between the investigator and the suspect or the accused. When conducting an interrogation in a conflict situation, the investigator uses the following tactics:

* explains to the interrogated the meaning of sincere confession and giving truthful testimony;

* reveals the motives for giving false testimony and eliminates these motives;

* convinces with the help of logical arguments of the futility of attempts to give false testimony;

* maximally details and concretizes the testimonies of the interrogated person;

* presents evidence incriminating the interrogated (starting with the most compelling or vice versa);

* creates in the interrogated exaggerated ideas about the knowledge of the investigator, etc.

The interrogation of the witness and the victim, as a rule, takes place in a conflict-free situation. The main methods of interrogation in a conflict-free situation are:

* explaining to the interrogated the importance of his testimony for establishing the truth;

* posing questions that activate in the mind of the interrogated associative links:

* presentation of photographs, diagrams, plans and other objects that contribute to memory;

* familiarization of the interrogated with fragments of testimonies of other persons;

* a proposal to state the facts, strictly observing the sequence of events;

* interrogation at the scene.

Preparation for interrogation.

A necessary condition for obtaining reliable and complete information during interrogation is thorough preparation for its conduct. Preparation includes:

* studying the materials of the criminal case;

* determination of the circle of circumstances on which it is necessary to obtain evidence;

* the study of the psychological characteristics of the interrogated;

* Ensuring participation in the interrogation of persons provided for by law, as well as specialists, if their help is needed;

* preparation of the necessary scientific and technical means.

When preparing to conduct an interrogation, the investigator thinks over the wording of the questions and in what order he will ask them. If the case requires interrogation of several persons, it is advisable to determine their sequence. One should not rush to interrogate those from whom it is planned to obtain truthful testimony.

The preparation for the interrogation ends with the preparation of a written plan, which indicates all the main parameters of the interrogation - time, tasks, range of questions to be clarified, their sequence, case materials and evidence that may be needed.

Features of tactics of interrogation of minors

Tactics of interrogation of a minor is built taking into account his age characteristics. Juveniles, especially those of preschool and primary school age, are characterized by increased suggestibility, a tendency to fantasize, and to conjecture an incompletely perceived picture of an event. The life of minors is emotionally saturated and the impressions received often contribute to forgetting what they have perceived. Therefore, their interrogation cannot be postponed for a long time.

When preparing for an interrogation, it is necessary to obtain information about the level of development of a minor, his interests, inclinations, habits, and relationships with the person who will be interrogated. A minor under 16 years of age is summoned for interrogation through parents or other legal representatives. A different procedure is allowed when this is called for by the circumstances of the case.

When participating in the interrogation of a teacher, as well as legal representatives or close relatives of a minor, you must make sure in advance that the nature of their relationship with the minor will not adversely affect the interrogated. These persons should be warned about the inadmissibility of any hints, leading questions, irritation in relation to a minor.

Interrogation of juveniles is preferable to be carried out in their usual environment - in a children's institution, school, at home. Psychological contact with the interrogated will be facilitated by the calm, confident tone of the investigator, his benevolent manner of address.

When evaluating the testimony of a minor, attention should be paid to the smoothness, memorization of the information reported by him, the use of turns that are not characteristic of the interrogated, the presence of contradictions, which may indicate the influence of interested parties. The testimonies obtained must be necessarily analyzed in terms of the presence of internal contradictions in them, as well as contradictions with other evidence.

Confrontation

A confrontation is an independent investigative action. In essence, this is the interrogation of two previously interrogated persons in the presence of each other about the significant contradictions that have arisen between their testimony. If these persons did not know each other before, then before the confrontation, a presentation for identification is carried out. The investigator conducts a confrontation when it is necessary to find out which of the two interrogated persons is giving false testimony. In this case, a kind of clash of testimony occurs at the confrontation. Confrontation is an effective means of psychological influence on a person who gives false testimony. At the same time, confrontation is a complex investigative action. When it is carried out, the interrogated person may have a negative impact on the person giving truthful testimony.

Before confrontation, it is necessary to carefully study the testimony of the interrogated, take into account their relationship, find out the essence of the contradictions that have arisen, outline the questions that should be asked, their sequence and decide who will be the first to be interrogated at the confrontation. Usually, the first person to be interrogated is the person who, in the opinion of the investigator, gives truthful testimony. Although in some situations it is fashionable to do the opposite, in the expectation that false testimony affecting the interests of another interrogated person will cause him indignation. As a result, he can report facts about which he had previously kept silent.

The procedure for conducting a confrontation is as follows (according to A. G. Filippov):

* warning a witness or a victim of criminal liability for evading or refusing to testify and for giving knowingly false testimony;

* a question for both participants - do they know each other, since when and what kind of relationship do they have;

* an offer to a person who, in the opinion of the investigator, gives truthful testimony, to tell an event in relation to which there are contradictions in the testimony of the participants in the confrontation;

* a question to another participant - whether he confirms the testimony of the first participant in the confrontation;

* a question to the first participant - does he insist on his testimony (with a negative answer to the previous question);

* a question to both participants - do they have questions for each other, do they want to supplement their testimony;

* fixing the course and results of confrontation.

Similar information.

An interrogation is an investigative action, the purpose of which is to obtain oral evidence from a person about the circumstances of the case known to him. The greatest value is the information received from the victim, and witness's testimonies. The procedure for interrogation is enshrined in the Code of Criminal Procedure. Consider further its features.

General rules

They are enshrined in Art. 278 Code of Criminal Procedure of the Russian Federation. The norm establishes the procedure for interrogating citizens during a judicial investigation. In accordance with its provisions, witnesses in a criminal case interrogated separately. Interrogation is carried out in the absence of under-interrogated persons,

Before starting to ask questions about the circumstances of the incident, the authorized employee must establish. After that, the attitude of the citizen to the defendant and the victim is clarified. An obligatory condition for the interrogation is an explanation rights and obligations of a witness. The citizen is notified of the responsibility for providing false information. The person summoned as a witness shall give a signature that his duties, rights and responsibilities have been explained to him. This document is attached to the case file.

Nuances of the procedure

In accordance with article 278 of the Code of Criminal Procedure of the Russian Federation, the party that petitioned for his summons begins in court. After it, the second side asks questions, and then the judge.

Interrogated persons have the right to leave the courtroom before the completion of the hearing with the permission of the presiding judge. The judge must take into account the opinion of the participants in the proceedings.

Security

Provide protection if necessary prosecution witness, his relatives, the court may conduct an interrogation under special conditions. In such cases, measures are taken to exclude visual observation of the citizen by other participants in the proceedings. In addition, in such situations, according to Article 278 Criminal Procedure Code of the Russian Federation, reading out the testimony of a witness about his personality is not carried out.

At the same time, when a justified request is made by the participants in the process for the disclosure of true information about the citizen giving evidence, necessary to protect the defendant or to establish any circumstances that are essential for the proceedings, the court may provide the interested party with the opportunity to familiarize themselves with such information.

Organizational matters

The interrogation of a witness cannot last more than 4 hours in a row. At the end of this time, a break of at least one hour must be announced. The total duration of interrogation during one day should not exceed 8 hours.

If there is confirmed information about the illness of a citizen, the duration of the interrogation is determined in accordance with the recommendations of the health worker.

Call

Prosecution Witness or defense, like the victim, is summoned for questioning by subpoena. It is handed over personally to the citizen against receipt or sent using available means of communication, which ensure that the fact of acceptance of the notice is recorded.

If the subject is temporarily absent at a known address, the summons is handed over to an adult relative, representative of the housing department, administration at the place of his work. Failure to appear without good reason interrogation, witness, according to the Code of Criminal Procedure of the Russian Federation, can be driven. In addition, other coercive measures may be applied to him.

The specifics of the interrogation of a witness by an investigator

Prior to the commencement of the procedure, the authorized officer certifies the identity of the citizen. To do this, he checks the documents of the person. Further, the investigator explains to the subject the obligations and rights, warns about the responsibility for providing false information. This is noted in the protocol.

If necessary, an interpreter is invited for interrogation. This specialist's services are provided free of charge.

On interrogation of a witness his representative may be present. He has the same rights as the witness himself. A representative represented by a lawyer has the right to ask a citizen questions, give short consultations in the presence of an investigator. Moreover, the latter has the right to reject the defense counsel's questions, but is obliged to indicate them in the protocol.

When interrogating a minor under 16 years of age, a teacher or a psychologist must be present.

Documentation

The course and results are reflected in the protocol. Witness's testimonies written in the 1st person, word for word if possible. The protocol must record all the questions that were asked to the citizen, and all the answers received from him.

The document also reflects the facts of presenting to the subject of material evidence, documents, other materials related to the case. If during the interrogation data from other protocols were read out, technical means of recording (video / audio) were used, a note is also made about this.

The procedure for keeping the protocol is fixed by departmental regulations and regulations Code of Criminal Procedure of the Russian Federation. Interrogation of a witness ends with the signing of the document. First, the interrogated person puts the signature. He signs on all pages of the protocol. The representative (lawyer) of the witness has the right to point out the incompleteness or inaccuracy of the recorded information. His objections must be included in the minutes and confirmed by his signature.

Who can be a witness?

A citizen who has any information about the circumstances relevant to the investigation and resolution of the case may act as a witness. The corresponding provision is enshrined in Part 1 of Article 56 of the Criminal Procedure Code of the Russian Federation.

Interrogation of a witness considered the most common investigative action. Quite often, with the help of this person, it is possible to establish circumstances that cannot be proved by other means.

The subject of interrogation may be any facts that are relevant to the case and that the citizen has personally perceived or heard from others. The information must be reliable. Testimony cannot be based on assumptions, conjectures, rumors. The citizen is obliged to indicate the sources of information. If this is not done, then the information provided by him will be declared inadmissible in accordance with paragraph 2 of paragraph 2 of part 75 of the Code of Criminal Procedure of the Russian Federation.

Interrogation of a witness: typical situations

Some of the most common interrogation situations include:

1. The circumstances of the incident are known to the citizen, and he talks about them.
2. The subject claims to have no knowledge of the events he is being questioned about, but there is credible evidence in the file that he has the necessary information.
3. The facts that are clarified during the conversation, the interrogated perceived personally. However, he cannot give detailed evidence about them, due to the fact that he forgot or did not take them well enough.
4. The citizen provides false information due to delusion.
5. The information received from the interrogated person is true, but does not agree with the information reflected in the case file, which the investigator mistakenly considers indisputable.
6. Witness gives false evidence.

Witnesses usually tell the truth during interrogation. However, often people deliberately begin to distort certain facts, seek to confuse the investigator, and refuse to testify that they gave earlier. The reasons for this behavior are varied. It may be associated with the influence on the witness by the subjects suspected of a crime, or their relatives, the desire to justify the guilty or vice versa to discredit the innocent, etc.

It is expedient to carry out the interrogation in the office of the interrogating officer/investigator. In such an environment, it is easier to establish a business relationship with a citizen.

Interrogation should begin with clarifying the interests, living conditions, the environment of the person, etc. This will make it easier to establish psychological contact with the citizen.

Important point

According to the law, it is the duty of a witness to testify. The norms provide for liability for evasion from appearing for interrogation or refusal to provide information.

The investigator must correctly explain to the person the responsibility for violating the law. If the citizen continues to persist and does not want to testify, the authorized officer must again warn of liability, and, if necessary, take adequate measures.

However, it should be said that the subject has the right not to testify against relatives or himself. In this case will not be considered as a violation of the law.

Tactical tricks

If the interrogator decided to start the interrogation with a free story, he should set the right direction for the conversation. At the initial stage, the investigator asks the interrogated person to tell in detail about everything that he knows about the events that he personally observed or heard about. The employee must listen carefully to the citizen.

It is widely believed that during the story the investigator should not interrupt the speaker and ask him questions. However, in practice, such "complete non-intervention" can lead to the fact that the interrogated person will not tell anything at all on the merits. At this stage, questions, on the contrary, can help the citizen to state in detail and in detail the information known to him.

During the story, witnesses often speak about the circumstances known to them in general terms, omitting individual details, believing that they are of no particular importance, or that they make inaccuracies or errors. Such errors can be eliminated at the next stage of the interrogation, during which the authorized officer asks the person questions and receives answers to them.

Main stage

The stage at which the investigator questions the interrogated person is of key importance for the investigation. In this regard, it needs to be planned very carefully.

First of all, it is necessary to correctly prepare a list of questions. They must be in a specific order. Usually, the main questions come first, and then additional ones, which allow the most complete disclosure of the content of certain facts.

If a citizen begins to give fuzzy or unclear testimony for some reason, the investigator asks clarifying questions. They can also be used in cases where the subject is confused about the information.

Reminding questions allow you to recall details, facts, associative links. At the end of the interrogation, control questions are usually asked.

Effective tactics

As practice shows, in most cases, citizens conscientiously fulfill their duties and give reliable evidence. Then the interrogation proceeds without any conflicts and complications. However, in some cases, the witness may unintentionally tell the investigator false information. To find out the truthful information, different tactics are used. The most effective of them include:

• Witness recovery.
• Creating an atmosphere of trust.
• The use of language that prompts to tell about events in detail and avoids errors and inaccuracies.

In order to restore the memory of certain circumstances, the investigator may present to the interrogated photographs, drawings, objects that contribute to the stimulation of memories.

To establish the real reasons for a conscientious error, it is necessary to study in detail the information about the identity of the witness, to determine the subjective and objective conditions that could affect the memorization and perception of information.

In some cases, the first interrogation becomes only the starting point - it gives an impetus to remembering the facts. In such cases, it is advisable to give the witness time. It is quite possible that in a calm environment he will be able to quickly recall the details of the event. After a while, it will be possible to conduct a second interrogation.

Interrogation is the receipt and recording of oral testimony related to the case under investigation, within the framework established by the Code of Criminal Procedure.

Interrogation is the most common way to obtain evidence for an investigation. At the same time, it is considered one of the most difficult investigative actions. We invite you to learn how interrogations are conducted.

Types of interrogation

Depending on the attitude of the interviewee to the case under investigation, the types of interrogation are determined:

• interrogation of a witness;
• interrogation of the victim;
• interrogation of a suspect;
• interrogation of the accused;
• interrogation of an expert;
• interrogation of a specialist;
• interrogation of the accused.

The witness, the victim and the expert are criminally liable for giving knowingly false testimony. The suspect and the accused, on the other hand, may refuse to testify and bear no responsibility for lying.

Divided by age:

• interrogation of an adult;
• interrogation of a minor;
• interrogation of a minor.

Minors and minors may be interrogated only in the presence of parents, a teacher or other responsible person. At the same time, suggestibility, a special susceptibility to other people's influence of this category of citizens, must be taken into account.

interrogation tactics

The tactics of interrogating a suspect is determined by the specific situation that develops between the investigator and the interrogated. It can be a non-conflict or conflict situation.

Techniques used during non-conflict interrogation:

• Adjacency. Helping the interrogated to remember events through associations. For example, the suspect may be shown the scene of the crime so that he can recall the events in more detail.
• similarity. Recovery in memory of important details and thoughts for the investigation using similar concepts that are not relevant to the case.
• Contrast. Comparison of opposite phenomena. For example, forgotten winter events can be remembered when reminded of the summer period.
• Disunion. Separation of connections that have arisen in perception in order to identify individual features, independent properties.
• Paraphrase. The investigator asks to rephrase the expressions, repeat it again in your own words, in order to identify information suggested by other people.
• visibility. When an interrogated person finds it difficult to express feelings in words, he may be offered a color scale, images, models, and the opportunity to express a thought in the form of a picture.

Techniques used during conflict interrogation:

• Relieve stress. Goodwill, belief in the wrongness of the chosen position.
• Creating tension. Emotional impact aimed at destroying confidence in the chosen position.
• Use of positive personality traits. Emphasis on the honesty of the interrogated, his reputation, past merits, etc.
• exploiting weaknesses in the individual. Anger, temper, excitement can push for more sincere answers during interrogation.
• Stopping lies. Having reliable information, you can immediately reject an obvious lie by presenting evidence.
• Waiting. Initially, in a person there is a struggle of motives for false testimony with motives for truthful testimony. Having given a person information that sets him on a truthful motive, the investigator makes a break in the interrogation, giving the person the opportunity to choose the truth himself.
• Legend allowance. The investigator gives the opportunity to tell false information to the end, and then destroys the legend.
• Call. The investigator pushes the interrogated to lie, and then discourages the evidence.
• Suddenness. At the time of giving false testimony, a question or clarification of facts can interrupt the chain of prepared false information.
• Sequence. Presenting all sorts of evidence to point out the futility of telling a lie.
• Distraction. The most important issues are not specifically emphasized.
• Forced pace. The interrogated person is not given time to think, so that he does not have time to come up with false testimony.
• Creation of a certain idea of ​​the investigator's awareness. It appears that the investigation knows a lot.
• Recurrence. The interrogation is carried out again.

After passing, you can find out useful information on how to behave during interrogation.

Interrogation with predilection

Interrogation methods were not always limited to subtle psychological impact. From time immemorial, torture has often been used to obtain information, including both physical abuse and degrading acts.

The CIA's "KUBARK" manual on how to conduct interrogations, which was used during the Vietnam War, stirred up the public. It is known that great emphasis was placed on threats to close people of the interrogated. And besides the section "Non-violent methods" in the manual there was also a section "Violent methods".

The methods of interrogation of the NKVD also abounded in cruelty. The sophistication of terrible torture gave rise to many rumors and legends.

Olga Nagornyuk

A call to the investigator, especially when it happens for the first time, makes you nervous and worried. Not all concepts and types of crimes are known to ordinary citizens. However, there is no reason to panic. Before you go on a call to the police, study your rights and learn how to behave during interrogation. We will help you with this.

What agenda should be responded to?

The first thing you should know is that not every summons obliges you to appear before the investigator on the appointed day and hour. If it was not handed over personally against receipt, in the form of a telegram or through representatives of the housing office, employees of the executive committee, heads of your enterprise or adult family members who signed to receive it, you can safely ignore it.

Read the agenda carefully. Your full name, the time for which the interrogation is scheduled, the address where it will be held, the position, surname and contacts of the person making the appointment should be indicated there. Pay attention to who you are called: the victim, the witness or the suspect. In the last two cases, we advise you to seek help from a lawyer, it may be worth coming to a meeting with the investigator accompanied by him.

Call the number on the summons and ask what case you are being called on. Then the conversation with the lawyer will be more substantive, and he will be able to give recommendations on what to say and how to behave during interrogation.

The address indicated on the summons, which does not coincide with the location of the department of internal affairs, should cause alertness. Call the duty unit and find out why the inquiry will not be held in the investigator's office. There are cases when, for objective reasons, the meeting cannot take place at the police premises. Then insist on moving it to your place of residence. The law gives this right.

The rights of the interrogated

The law protects the rights of citizens participating in the investigative process, so during the interrogation you can:

1. Do not testify against yourself. This right is enshrined in Art. 63 of the Constitution of Ukraine and art. 51 of the Constitution of the Russian Federation.

Moreover, with the correct interpretation, any case (even non-compliance by the chief accountant with tax laws at the enterprise where you work as an ordinary manager) can be considered as directly related to you, and you can refuse to testify without fear of being punished.

2. Require the presence of a lawyer. Investigators often play dishonestly: they summon you for interrogation as a witness, and then put you before the fact: you have been transferred to the category of suspects. A lawyer can help you avoid these traps.

3. Write down questions and take notes. This will then help restore the flow of the conversation, because due to excitement, much will go unnoticed. In addition, the investigators do not like such an act of the interrogated person, and your task is to break the whole game for him.

4. Call an interpreter if the language of the interrogation is not your native language. Even if you understand it well, demand the presence of an interpreter: an extra witness will not hurt.

5. Demand the presence of only those persons who are indicated in the protocol of interrogation. These can be: the investigator, your lawyer, the translator and you. The rest must leave.

The investigator does not have the right to threaten, continue interrogation without a break for more than 4 hours (in Ukraine - 8 hours), refuse the right to invite a defense lawyer and exert psychological pressure.

Tactics and techniques of psychological pressure during interrogation

Police officers do not shy away from using psychological pressure on suspects. To recognize such tactics means to be able to resist them.

Here are some methods of psychological influence from the arsenal of interrogators:

• establishing trusting relationships at the beginning of the conversation and gradually “tightening the screws” in the future.

Never believe in the sympathy of the investigator: you and him are on opposite sides of the barricades. He is interested in quickly closing another case, and therefore he cannot a priori feel sorry for you.

• conversation on abstract topics and a sudden transition to undesirable questions. Thus, the interrogated person is forced to lose his vigilance and forced to give evidence that is beneficial to the investigation. Remember: the task of the investigator is not to conduct conversations, but to obtain the necessary testimony.

And the topics may not actually be as neutral as they seem. In the course of such an "innocent" conversation, you can quietly fish out the necessary information.

• speed up the pace of the interrogation. By giving you less time to think about the answers, the interrogator is trying to confuse you and make you take the wrong step. Take your time to answer, slow down the pace of the conversation, think about every word that you are going to utter.

• forehead collision. Do not rush to please the interrogator with confessions when you hear from him: “Your friend has already confessed to everything”; "You are silent, and your girlfriend sings like a nightingale." Usually there is a bluff behind such words.

• an appeal to your conscience. No matter how law-abiding citizen you are, don't say too much. Perhaps the fate of another person will depend on your words.

• good cop and bad cop game. Broken reception. Remember: a policeman on your side is nonsense and do not succumb to provocation.

Resist pressure and remain polite and correct.

To behave correctly during an interrogation means to deprive the interrogator of evidence that allows you to bring charges against you.

Lawyers with experience in interrogation have developed a number of recommendations that allow the suspect to get the maximum benefit from the conversation with the investigator:

1. Demand to fix the time of the beginning and end of the interrogation in the protocol. Exceeding the limit established by law by the investigator is regarded by the court as an attempt at psychological pressure.

2. Make sure that the protocol indicates in which case the interrogation is being conducted and in the capacity of whom (accused, suspect, witness).

3. Do not sign the protocol with empty columns. Then they may contain information that you did not even suspect.

4. Do not put your signature on the protocol, where it is written that you refuse a lawyer. Require a protector. He knows all the intricacies of the law and will be able to defend your rights.

5. Carefully read the protocol and check whether everything is correctly recorded from your words. If you have corrections or comments, please write them in your own hand. You can even indicate the presence of noise in the corridor during a conversation. From the point of view of the court, these circumstances could prevent you from concentrating.

6. Do not respond to the interrogator's phrases "What do you want to tell the investigation ..." and "Well, tell us ...". Ask for well-defined questions.

7. Answer all questions (even about your first and last name) after a pause. Usually a person quickly, without hesitation, answers when he tells the truth, and if he is lying, he begins to think and pause. If you set up your opponent for your "slow thinking" from the very beginning, all answers will look equally plausible.

8. At the beginning of the interrogation, the investigator must familiarize the interrogated person with his rights. Seeing that he did not do this, do not point out the mistake to him. Later on it will be possible to build a defense.

9. You can answer “uncomfortable” questions evasively, getting off with indistinct “maybe”, “I don’t remember”, “I don’t know”, or refuse to give answers at all, referring to the constitutional right not to testify to your own detriment (we mentioned above: Art. 63 of the Constitution of Ukraine and article 51 of the Constitution of the Russian Federation).

10. Speak little and try to answer in monosyllables. Giving lengthy explanations, you can quietly blurt out too much.

11. Do not settle for a lawyer advised by the investigator. Try to hire a specialist on the side. It will cost more, but it will better protect your interests.

Thieves in law, and ordinary "six", and thieves "boys" are guided by this set of rules. Undoubtedly, it is important to behave correctly during interrogation, but it is better to do without communication with the investigating authorities, which we sincerely wish you.

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The use of tactics during interrogation allows you to carry it out purposefully, establish psychological contact with the interrogated person, find out exactly what circumstances, facts he knows, take measures to neutralize his negative position and get evidence from him, which contains objective information.

During interrogation, tactics of various content can be used sequentially according to a certain system or combined into groups, complexes. Their purpose is to obtain full evidence that corresponds to objective reality. A tactical method of interrogation is a certain line of conduct of the investigator or his most optimal, effective actions used in order to obtain reliable and complete testimony from the interrogated person.13 Unlike procedural rules, tactical methods are not regulated by law. Their use in the process of interrogation depends on the discretion of the investigator, the procedural status and position of the interrogated person, his personality, psychophysical properties, etc. An indispensable condition for the use of a tactical technique is its correct choice, taking into account specific circumstances, investigative situations.

The process of interrogation can be conditionally divided into four parts: introductory; free story; answers of the interrogated to the questions; final.

When starting an interrogation, the investigator ascertains the identity of the interrogated, clarifies personal data, checks personal documents, finds out whether it is necessary to invite an interpreter or other persons entitled to participate in the interrogation, explains the rights and obligations of the interrogated, taking into account his procedural position. The witness and the victim are warned about the responsibility for giving false evidence and for refusing to testify. It is also necessary to find out the attitude of the interrogated to the case and the persons who pass through it, his possible position and establish psychological contact with him.

Going directly to the interrogation, the investigator must invite the interrogated to freely tell everything that he knows about the case. If he knows some facts, circumstances, then it is necessary that he state them separately. You should not interrupt the person being interrogated, you need to listen carefully to him. The ability to listen is an important professional quality of an investigator.

During a free story, the interrogated person often does not cover all the circumstances known to him. Therefore, there is a need to move to the stage of "questions and answers". All questions should relate to the subject of the interrogation, and the answers to them should supplement, clarify the previously stated information and facts. During the interrogation, the following questions can be asked: basic, additional, clarifying, reminding and control. The main ones allow you to find out the circumstances directly related to the subject of the interrogation. The answers to them must reflect all the circumstances and facts known to the interrogated person. Additional ones can be put in order to supplement the testimony about all or certain circumstances. If during the interrogation it turns out that the interrogated person knows some circumstances that are not given in the case file, then it is also necessary to ask additional questions and get an answer to them. Clarifying ones allow you to get clearer evidence about individual facts, details, eliminate contradictions, inaccurate expressions, and the use of unsuccessful, rude terms. In order for the interrogated person to more accurately remember the facts, details, situation, reminder questions can be asked. They allow you to revive associative connections, memory and get more complete readings. At the same time, it is unacceptable to ask leading questions, as they can lead to suggestion and distortion of testimony. Control questions can be posed in order to find out from what sources the interrogated person became aware of the circumstances, information about which he testifies, and also in order to check and evaluate how plausible his testimony is, whether he does not allow lies.

At the end of the interrogation, it is necessary to clarify the testimonies of the interrogated as a whole, evaluate them and eliminate even minor contradictions, make sure that all gaps are eliminated, check how interconnected the separately stated facts are with each other and with other case materials.

Tactics of interrogation are diverse and unequal in content, but the purpose of their application is the same: to ensure that the interrogated person receives such objective information that reflects reality and is valuable for establishing the truth in the criminal case under investigation. Tactics must meet certain requirements: a) do not contradict the norms of the law, morality, ethics, procedural order of the investigation; b) not exert such an influence on the person being interrogated that could lead to self-incrimination or to the slander of other persons; c) not be based on deceit, unfulfillable promises on the part of the investigator or operatives, exclude any mental or physical influence that could harm the interrogated person; d) not discredit law enforcement agencies and their activities.

To solve the problem of interrogation, tactics are used both during preparation for the interrogation of participants in the process (witness, victim, suspect, accused, expert), and directly during the main, as well as repeated and additional interrogations.

The tactics used in organizing interrogation and establishing psychological contact with the interrogated person have a certain specificity (they are conventionally called general). Basically, these include tactics used: in the study of the personality of the interrogated; for the purpose of organizing interrogation and preparation for it; to establish psychological contact.

The following groups of tactics can be used directly in the process of interrogation:

1) encouraging the interrogated person to reason and testify (raising questions to clarify what kind of information is known to the interrogated person in the case under investigation;

a reminder in general terms about the event; asking reminder questions; clarification of the emotional state of the interrogated, the situation, the conditions under which his testimony was formed, the revival of his associative connections in order to restore in memory the factors perceived by him, etc.);

2) having a psychological impact on the interrogated person (inciting the interrogated person to refuse to resist and mislead the investigation, creating the impression that such attempts are hopeless, using the interrogated person’s doubts about the ability to adhere to the negative position he has chosen to the end, sudden presentation of the most important evidence, etc.);

3) used in non-conflict situations (creating a benevolent atmosphere during interrogation, conducive to giving full and reliable testimony, revitalizing associative links and assisting in remembering the facts perceived by the interrogated, asking clarifying questions in order to prevent gaps and inaccuracies in the testimony, etc.);

4) used in conflict situations (creation during interrogation of a strictly working environment that would be unfavorable for expressing hostility towards the investigator, but, on the contrary, would cause respect for him, overcoming a negative position, creating the impression that the investigator was fully aware of the circumstances of the case, persuading the interrogated in the uselessness of conflicting, competing and hiding the facts known to him, etc.).

During the interrogation, conflict situations of a different nature arise. To resolve them, it is necessary to use such tactical methods that would be most effective, would neutralize the opposition of the interrogated person, would encourage him to give evidence corresponding to real circumstances. You can point out, for example, the following common situations: the testimonies of the interrogated person are vague, they contain serious contradictions; the interrogated person declares that he does not remember all or certain facts; the information that he reports is not consistent with the materials of the case or is false. To clarify such testimony, it becomes necessary to recognize true and false messages, to distinguish between deliberate lies and delusions, to prevent lies and to expose the interrogated person in lies. Tactical techniques used to resolve some of the conflict situations that have arisen can be conditionally divided into groups:

1) aimed at recognizing true and false testimonies (creating a normal, non-distracting interrogated environment, clarifying and concretizing vague, incomplete testimonies, contradictions, raising questions to re-state individual or all facts, forming the interrogated idea of ​​the impossibility of lying, keeping silent about the facts );

2) aimed at distinguishing deliberately false testimony from delusions (clarification of the conditions for the interrogated person's perception of an event, facts, subjective state at the time of perception; posing questions that excite or weaken his emotional state; a sudden transition from clarifying some facts to clarifying others; raising questions aimed at clarification of signs indicating a deliberate lie; clarification of possible reasons due to which the interrogated person is interested in giving false testimony, etc.);

3) aimed at using the positive qualities of the person (neutralizing the negative qualities of the personality of the interrogated and using his positive qualities, calling for a sense of conscience, justice, honesty, conscientious performance of one's duties, duty, assistance in the fight against crime, etc.);

4) aimed at exposing the interrogated in a lie (creating a strictly working environment during the interrogation, correct behavior of the investigator, forming the interrogated idea that it is useless to lie and any lie will be exposed, that the investigator is determined to find out the truth in the case, unexpected posing of questions, related to the important circumstances of the case, creating an interrogated idea of ​​full awareness of the event and evidence, diverting the attention of the interrogated person from a far-fetched lie, presenting evidence without explaining its content and relevance to the case, sudden presentation of the most compelling evidence or presenting them in a certain sequence with the aim of exposing the person being interrogated in a lie, presenting video films, tape recordings, etc.).

The considered tactics are used during the interrogation of both witnesses, victims, and suspects, the accused. At the same time, there are certainly certain peculiarities in the tactics of their interrogation, in connection with which, taking into account the current investigative situation, the procedural position of the interrogated person, his personal qualities, other various and specific methods can be used.

The interrogator, conducting the interrogation actively and decisively, must:

a) be objective, loyal, attentive, correct, polite, restrained;

b) not to allow rudeness, offensive expressions or offensive tone, impatience, irritability, irascibility, disregard for the interrogated person, arrogance, narcissism. Seriously refers to the testimony of the interrogated, regardless of the apparent degree of their importance.

Interrogation techniques, like any other methods of investigative tactics, must fully comply with the law and moral standards. Interrogation techniques that: a) are based on deceit are unacceptable; b) associated with a threat, blackmail; c) are associated with physical and mental violence, humiliation of the dignity of the individual; d) are associated with coercion of a witness, victim to give false testimony or an expert to give a false conclusion, as well as coercion of the accused (suspect) to immoral acts; e) are based on the use of base motives (self-interest, revenge), religious feelings, ignorance and prejudices of the interrogated. Leading and catching questions are not allowed.