Interrogation of a suspect through the prism of European standards
Year: 2025
Type: article
Abstract: The article examines the features of interrogation of a suspect through the prism of compliance with the principles of the rule of law and the presumption of innocence, which are enshrined in the European Convention on Human Rights. It is noted that the rights of a suspect defined in the updated Ukrainian criminal procedural legislation reflect the main European standards of compliance with human rights. This is a significant sign of a change in the paradigm of criminal proceedings in Ukraine. But at the moment, a big problem is their implementation in the national practice of conducting pre-trial investigations. The rights of a person who was detained on suspicion of committing a criminal offense and was notified in writing of the suspicion in accordance with Articles 276–279 of the Criminal Procedure Code of Ukraine are analyzed. In particular, it is noted that under the current legislation, the suspect has the right to protection, which consists in providing him with the opportunity to provide oral or written explanations regarding the suspicion. He has the right to refuse to testify and answer questions at any time. The suspect also has the right to qualified legal assistance from a defense attorney who has been selected or appointed. He has the right to meet with a defense attorney before the first interrogation, subject to conditions that ensure confidentiality of communication. The right to the presence of a lawyer during interrogation and to meet with him after interrogation without limitation in time and number is also important. The above rights make it mandatory to interrogate the suspect immediately after he is served with a written notice of suspicion. At the same time, there is a widespread practice of investigators refusing to interrogate suspects at the request of the defense, which is assessed as a violation of the right to defense. Based on the analysis, conclusions were formulated that are aimed at implementing European standards for observing the rights of the suspect. They relate, first of all, to the fact that the purpose of interrogation should not be to obtain the suspect’s admission of guilt during his interrogation without explaining the right to remain silent, the right to have a lawyer present during interrogation, and other rights.
Author: Y. V. Zhovtan
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4416210339