GENERAL CHARACTERISTICS OF JUDICIAL INTERROGATIONS IN THE CRIMINAL PROCESS OF UKRAINE

Анотація

The article gives a general description of the types of judicial interrogations in the criminal process of Ukraine. Opinions on the types, concepts and features of judicial interrogation in criminal proceedings are analyzed. Peculiarities of judicial interrogation of the accused, victim, witness, expert are determined. Judicial interrogations were also classified according to the age of the interrogated person, the deviant characteristics of the interrogated person, the sequence of interrogation, the scope of clarification of issues, the type of testimony of the interrogated person, the subject of evidence, the situation during interrogation.

In addition, exclusively for court proceedings, the following subtypes of judicial interrogation are distinguished: direct (main), cross, chess (simultaneous) and combined interrogation. It is provided that the victim and the accused may also be interrogated according to the rules of cross-examination. However, the victim, like the accused, has the right to refuse to testify. By the logic of the law, he can exercise this right at any time during the proceedings.

The general characteristics, order and features of direct interrogation, cross-examination, simultaneous and combined judicial interrogations are given. Due to the special practical expediency and rare application in judicial practice, repeated and additional judicial interrogation, which in the literature is called "pre-interrogation", is analyzed in more detail.

A distinction is made between the main and additional judicial interrogation, the basis of which is the amount of information obtained through such interrogations.

It is stated that there is no need to restrict the court from conducting a re-interrogation if the circumstances of the case show that the interrogated witness of events of interest to the court, could observe the facts and circumstances, but did not mention them during the main interrogation. There is an exclusive list of grounds for re-interrogation in court, and it is noted that any additional interrogation is already repeated, as it is not the first time, but after the main interrogation. Additional interrogation in court plays a compensatory role, its main task is to eliminate the gaps made during the main interrogation.