Abstract
In holding an investigation in relation to or with the involvement of persons, who do not know or insufficiently know the language of criminal proceedings, it becomes necessary to involve an interpreter in the crime investigation procedure. However, the contemporary investigative theory and practice take into account only one situation, namely the monolingualism of parties to a criminal proceeding. The situation when the investigator and his/her procedural opponent are fluent in different languages is still overlooked by our today’s researchers. The article examines features of the influence of the need to use an interpreter on the interrogation from the point of view of information interaction between the parties. Within the framework of this research, it was substantiated that during the interrogation involving an interpreter, additional tasks, that are not characteristic of interrogation in its classical sense, arise. The groups of communication features of interrogation with the involvement of an interpreter, generated by the difference in the language system, the lack of control on the part of the investigator over the transfer of information between the interpreter and interrogated person, as well as a sharp decrease in the range of tactical techniques suitable for use, were identified. It is proposed to divide tactical techniques during interrogation involving an interpreter into four groups depending on the need to explain the essence of them to the interpreter, as well as the need to prepare an interpreter to participate in their implementation. The article concludes the influence of an interpreter on the tactics of investigative actions, if necessary, to involve him/her to guarantee the linguistic rights of the parties to criminal proceedings, and also offers recommendations for overcoming the tactical difficulties that arise during interrogation.
Highlights
The Russian Federation is a state in which more than 190 nationalities and ethnic groups live and who speak 160 languages
The obligation to use the Russian language as the state language in the Russian Federation is determined by the law “State Language of the Russian Federation” [2], the law of the Russian Federation “Languages of the Peoples of the Russian Federation” [3], other federal laws and other regulatory instruments of the Russian Federation
The Criminal Procedure Code of the Russian Federation [4] defines the language of criminal proceedings as follows: “Criminal proceedings are conducted in Russian, as well as in the state languages of the republics of the Russian Federation
Summary
The Russian Federation is a state in which more than 190 nationalities and ethnic groups live and who speak 160 languages. The state language of the Russian Federation is Russian [1]. The state language of the Russian Federation is subject to compulsory use: ... In the Supreme Court of the Russian Federation, courts of cassation of general jurisdiction, courts of appeal of general jurisdiction, military courts, criminal proceedings are conducted in Russian” (Part 1 of Article 18 of the Code of Criminal Procedure of the Russian Federation). This provision on the language of legal proceedings is considered as one of the principles of criminal proceedings
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