Interrogation in criminal proceedings: pre-trial investigation and trial
Year: 2025
Type: article
Abstract: The procedural and tactical aspects of interrogation during pre-trial investigation and trial are studied. The common features and differences of interrogations conducted at different stages of criminal proceedings are determined. The procedural features of interrogation of participants in pre-trial investigation (victim, witness, suspect) are outlined. It is noted that the interrogation protocols of the specified participants after their evaluation by the investigator and prosecutor are a source of evidence only for formulating the accusation in the indictment. For the court, the testimonies recorded in the interrogation protocols are not the subject of research - the court does not have the right to justify its decisions with the testimonies provided to the investigator (prosecutor) or refer to them. The court must directly receive oral testimony from the participants in the criminal proceedings, that is, conduct their interrogation in the court session. In this regard, the features of the interrogation of participants in the trial (accused, victim, witness, expert) and methods of conducting the judicial interrogation are given. In particular, the public nature of the interrogation is noted, which takes place under the leadership of the presiding judge in the courtroom with the participation of the parties, other participants in the court proceedings and the presence of persons who have the right to do so. It is concluded that there is a natural connection between investigative and judicial interrogations and it must be taken into account by the subjects of the pre-trial investigation. It should be borne in mind that the final assessment of the testimony given during the pre-trial investigation will be subject to comprehensive and critical analysis by the parties and other participants in the criminal proceedings in the atmosphere of the trial. The analysis and verification will not be carried out on the interrogation protocols compiled by the investigators, but on the oral testimony of the participants in the pre-trial investigation, obtained directly in the courtroom using the methods of cross-examination and chess interrogation. This is a clash of different interests and the emergence of controversial situations associated with different interpretations of certain circumstances. Therefore, the investigator, prosecutor at the stage of pre-trial investigation when conducting interrogations must not only carefully follow the procedural rules, but also carefully choose the tactics of conducting them, which would not harm the confirmation of the reliability and admissibility of the testimony in court.
Authors: Y. M. Myroshnychenko, A. F. Volobuiev
Institution: Dnipro State University of Internal Affairs
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408943783