braverman S. Legal and psychological principles of procedural interviews in criminal proceedings for corruption crimes

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U100042

Applicant for

Specialization

  • 19.00.06 - Юридична психологія

28-12-2020

Specialized Academic Board

Д 26.007.01

National Academy of Internal Affairs

Essay

The dissertation for the first time in the domestic theory of legal psychology and practice comprehensively solves the problem of determining the legal and psychological principles of procedural interviews in criminal proceedings for corruption crimes and aims to develop the main substantive characteristics of this technique. Interrogation genesis in criminal proceedings is examined in the work; the role and place of interrogation in the corruption crimes’ investigation are determined. The peculiarities of criminal proceedings on corruption crimes in modern Ukraine are highlighted. Particular, it is stated that the investigation of corruption crimes involves determining the essence of actions that allows ascertainment and investigation of them, as well as the need to determine the system of circumstances, which must be detected and proved: the legal status of the corruption crime suspect, the scope of his official rights and responsibilities; the purpose of power or official position abuse; the nature of actions or omissions; time, place and purpose of the crime; method of committing and concealing a crime; the amount of damage caused by the criminal actions of the official; information about the identity of the suspect; reasons and conditions that contributed to the commission of an official crime, etc. It is argued that the prepared and effectively conducted interrogation allows to create favorable conditions for cooperation of suspects and witnesses with the detective (investigator), to promptly, objectively and qualitatively direct the investigation. Based on examination of the main available methods of interrogation as an investigative action, the relevance of the use of procedural interviews in the investigation of corruption crimes is substantiated. The author also presents the results of a comparative analysis of the criminal procedural principles of the evidentiary value of interrogation in different legal systems and considers the main features of the interview depending on the procedural status of the person and participation in criminal proceedings. The model of procedural interview adapted to the Ukrainian legislation is offered, the maintenance of each stage of its realization during carrying out interrogation is detailed. Practically oriented forms and methods of professional and psychological training of detectives for the implementation of procedural interviews in official activities are also proposed.

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