Lutsenko L. Procedural and tactical aspects of simultaneous interrogation of several already interrogated persons

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U100512

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

11-03-2021

Specialized Academic Board

К 64.896.01

National Scientific Center "Hon. Prof. M. S. Bokarius Forensic Science Institute" of the Ministry of Justice of Ukraine

Essay

The object of the study is public relations, which arise in connection with the simultaneous interrogation of several already interrogated persons. The aim of the study is to improve the provisions on the simultaneous interrogation of two or more interrogated persons on the basis of an analysis of the current criminal procedure legislation and investigative and judicial practice in the light of the Convention for the Protection of Human Rights and Fundamental Freedoms. The methodological basis of the dissertation research was the general dialectical method of scientific knowledge of reality, methods of logic (analysis, synthesis, induction, deduction, analogy, etc.), system-structural, historical-legal, comparative-legal and sociological methods (surveys, expert assessments). Theoretical and practical results, novelty: it is substantiated that the simultaneous interrogation of two or more interrogated persons is not mandatory for the investigator if he finds discrepancies in the testimony, as the decision to conduct it should take into account the probability of the opposite expected result (taking into account possible initiatives of the defense); it is determined that the precondition for conducting simultaneous interrogation of several already interrogated persons in order to eliminate differences in their testimony is the use of the factor of presence of a psychologically strong participant. Degree of implementation: in practice - when conducting simultaneous interrogation of two or more already interrogated persons in criminal proceedings; in the research sphere - as a basis for further research on the issues of simultaneous interrogation of several already interrogated persons. Scope of use: in the educational process in institutions of higher legal education - in the teaching of criminal procedure and criminology, preparation of textbooks, manuals and teaching materials.

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