Romanauskas K. Methodology of the investigation of known false statements of the witness and the victim

Witnesses and victims devote the dissertation to a comprehensive study of the organizational and tactical foundations of investigating knowingly false statements. Based on the results of the conducted theoretical analysis and generalization of the empirical material, the scientific foundations of a specific forensic method of investigating criminal offenses of this type were developed, the structural elements of which were: forensic characteristics; peculiarities of the opening of criminal proceedings and the initial stage of the investigation; circumstances to be ascertained; typical investigative situations of the initial stage of the investigation; investigative versions; tactical features of conducting interrogations, investigative experiments; peculiarities of appointment of examinations during the investigation. The expediency of the conducted research is justified by the current state of scientific support for the problems of obtaining witness and victim statements, and the features of their verification and evaluation are sufficiently developed. In contrast, the organizational and tactical principles of investigating knowingly false witness and victim statements have so far remained outside the attention of scientists. It has been established that most often witnesses in criminal proceedings initiated on the grounds of a criminal offense provided for by Art. 384 of the Criminal Code of Ukraine, become employees of law enforcement agencies, as well as eyewitnesses to events or participants in social relations regarding which a witness or a victim who provided false information was questioned. Circumstances that should be the subject of questioning of witnesses in criminal proceedings based on the fact of giving knowingly false testimony by the witness and the victim are outlined. It was found that during the pre-trial investigation of knowingly false testimony by a witness or victim, there is a need to involve an expert in the examination. Typical is the appointment of a forensic handwriting examination, a forensic psychiatric examination, a forensic psychological examination, in particular with the use of a polygraph, a forensic telecommunications examination, and less often a technical examination of a document. The specifics of the appointment of each of them during the investigation of knowingly false statements by a witness or victim are characterized.