During the preliminary investigation and court hearings, it becomes necessary to call witnesses to court. The outcome of the case itself and the fate of the suspects, accused, or defendants depend on the proper tactics of their interrogation and execution of the necessary documents related to this procedure.
Instruction manual
1
At the preliminary investigation stage, most often the interrogation of witnesses begins with their identity card. Making up the introductory part of the protocol, the investigator or inquiry officer will be interested in the personal data: place of residence, place of work and marital status of the witness. Then, the official will inform the witness about his right to use Article 51 of the Constitution of the Russian Federation, according to which no one is obliged to testify against himself and his relatives. If the witness agrees to testify, then he signs the interrogation record about it.
2
Then the investigator (interrogator) talks on abstract topics with the witness. This is done in order to psychologically relax a person and help him remember everything that connected and connects him with a suspect, accused or victim. Thus, the official receives all the information that the witness can recall.
3
An obligatory moment of interrogation is the warning of the interrogated about criminal liability for giving false testimonies. This must be done tactfully. Next should build a conversation in the form of a free story. After that, the investigator (interrogator) asks leading questions and clarifies the story.
4
It must be taken into account during interrogation that it is impossible to interrupt the interrogated. If a person has poor memory, you can ask him reminiscent and control questions.
5
The interrogation should take place in a calm environment, without external irritants and strangers. The exception is a lawyer if he is invited by a witness or his legal representative (teacher), if the witness is a minor. In any case, the lawyer does not have the right to ask questions to the witness, he is only a procedural person who supervises the interrogation in accordance with the law.
6
After the procedure is completed, the witness’s interrogation protocol puts the signature of the interrogated person on each page and at the end of the document. Similar actions are performed by the invited defender.
7
In court, the interrogation of witnesses takes place in a slightly different form. It is based on evidence already available in the case and is more likely to confirm or clarify the nature of the information. Witnesses are summoned to court. The bailiff makes sure that they do not communicate with each other before the trial.
8
All witnesses are summoned to the courtroom one at a time. The interrogated witnesses remain in the hall and do not have contact with the non-interrogated participants in the process. The witness in free form tells everything that he knows about the circumstances of a particular case. Then he is asked questions by those procedural persons at the request of which he was summoned to court to testify. Further, all officials participating in the court hearing may ask. The presiding judge or, in the case of a peer review of the case, other judges can clarify the issues.
9
Interrogation can be carried out in various forms. The court has the right to interrogate one witness to clarify the evidence given earlier or to conduct simultaneous interrogation of two witnesses in the form of a confrontation. Thus, all contradictions are eliminated and refinements are made to the foregoing.
10
At the initiative of the court or other participants in the process, a witness may be called again to testify in court. This is necessary when the case reveals contradictions related to the testimony of a particular person.
note
The interrogation of a witness is carried out strictly in accordance with the norms of the law and does not allow the use of violence, psychological pressure and the use of threats.
Useful advice
Do not try to ask questions immediately related to a specific case, it is better to start with the simplest information, after which the person being questioned can more easily adapt to the situation.
