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Personal cabinetConducting a simultaneous survey in criminal proceedings: features and problem aspects
Bibliographic description of the article for the citation:
Ирина Мананкова and Ольга Глинская. Conducting a simultaneous survey in criminal proceedings: features and problem aspects//Science online: International Scientific e-zine - 2019. - №12. - https://nauka-online.com/en/publications/jurisprudence/2019/12/provedenie-odnovremennogo-doprosa-v-ugolovnom-sudoproizvodstve-osobennosti-i-problemnye-aspekty/
Annotation: In the article, the authors examine one of the most common investigative (search) actions in criminal proceedings. This action is called interrogation. Attention does not focus on general considerations, but on one type of interrogation, namely, simultaneous interrogation. The purpose of such interrogation during the investigation is to find out the reasons for the discrepancy between the testimonies of the interrogated persons. The authors analyzed not only the provisions of the criminal procedure law, but also the doctrinal works of scientists and practitioners-processors for the study of this investigative (search) action peculiarities in the criminal proceedings framework. No less interesting for the study were questions related to psychological characteristics that are correctly and professionally used by investigators and prosecutors during simultaneous interrogations. With the help of this investigative (search) action, it is possible to obtain additional information, find out previously unknown circumstances of a criminal offense, as well as strengthen the psychological impact on the participant in criminal proceedings in order to obtain true testimonies. The authors make a comparison between interrogation and simultaneous interrogation, pay attention to the subject of each type. The paper raises the question of the expediency and necessity of conducting a simultaneous interrogation, it turns out cases when such an investigative (search) action is necessary, and when it can negatively affect the investigation process, participants in criminal proceedings, and so on. Scientists discuss the possibility of conducting investigative (search) actions in criminal proceedings, analyzes possible violations of the Criminal Procedure Code of Ukraine that can be caused by simultaneous interrogation. In particular, attention is drawn to the access to justice principle, which was enshrined in paragraph 14 of Art. 7 Code of Criminal Procedure of Ukraine. In addition, the authors focus on other principles, such as the immediacy of the study of evidence, the adversarial process of the parties in the criminal process. At the end of the work, the authors focus on the problematic aspects that quite often occur during simultaneous interrogations, which negatively affects the investigation effectiveness as a whole and this investigative (search) action in particular. The authors also give recommendations that will help not only to avoid violations of the criminal procedural law during simultaneous interrogation, but also to make the action as effective as possible.