Interrogation of power subjects of pre-trial investigation during court proceedings

Abstract

The purpose of the study, the results of which are given in the proposed article, was to solve the problem of interrogation in court session of persons who conducted pre-trial investigation. First of all, it was necessary to determine the status of the investigator in the court considering the case of the offense under investigation. In this regard, the author came to the conclusion that the function of the investigator as a representative of the prosecution ends with the completion of the pre­trial investigation. At the hearing, the investigator is interrogated as a prosecution witness in compliance with all the rules of interrogation of the witness, including the right not to testify against himself.
 The article emphasizes the need for the most close attention to the experience of the countries of the Western world regarding the use in court proceedings of the evidentiary potential of the testimony of persons involved in criminal investigations in order to improve national justice. Highlights the main recommendations of Western criminologists on the tactics of questioning law enforcement officers involved in the investigation of a crime, the case against which is under consideration by the court.
 As a result of the study, the author states that the introduction of concepts such as direct and cross-examination or a leading question into national legislation meant the beginning of the "game" according to new rules, which the theory and practice of Ukrainian legal proceedings did not manage to formulate and somehow formalize. Even more obvious is that if the new order is borrowed by us, then there are no serious reasons why it would be worth neglecting the rules of its functioning proven for centuries. There is no need to repeat the same historical path to make sure they are reasonable and effective. In view of this, it is necessary to develop and put into practice the rules of judicial interrogation corresponding to the adversarial paradigm, in particular the subjects of pre-trial investigation. to the adversarial paradigm, in particular the subjects of pre-trial investigation.