Open AccessRecording of Testimony during the Preliminary Investigation: Some Problematic Aspects
Author(s) -
A. M. LYUTYNSKII
Publication year - 2021
Publication title -
ius publicum et privatum
Language(s) - English
Resource type - Journals
ISSN - 2713-2811
DOI - 10.46741/2713-2811-2021-3-96-100
Subject(s) - interrogation , reliability (semiconductor) , action (physics) , psychology , position (finance) , computer science , law , political science , power (physics) , physics , finance , quantum mechanics , economics
The article considers the problem of designing the text of the descriptive part of the record of interrogation during a preliminary investigation. The investigator, acting as the author of the record, edits the received oral information, which can give rise to errors: inconsistency between the text of the testimony and the interrogated person; problems in assessing the reliability of the study of testimony in court. We highlight the problem of identical texts of interrogation records drawn up during the investigation. We formulate recommendations on writing down the testimony in the record of the investigative action and proposals for improving the reliability of interrogation records: the possibility of supplementing the record with one’s own hand, developing and explaining the position of the highest court on the inadmissibility of using identical texts of testimony obtained during the preliminary investigation in the process of proving.