PROCEDURAL FEATURES OF INTERROGATION OF THE ACCUSED DURING THE TRIAL

Abstract

The effectiveness of criminal procedure in prosecuting perpetrators of crimes and protecting individuals from illegal and unfounded accusations is largely determined by the quality of legislation and the practice of using statutory procedural actions aimed at collecting and examining evidence in criminal cases, ensuring the rights of participants in criminal proceedings. Such actions include, first of all, interrogation. Interrogation is the most important form of trial. Without interrogation, it would hardly be possible to imagine at least one court hearing. Even in absentia, the circle of interrogated persons (victims, witnesses, experts) is very wide. Interrogation is one of the most common investigative and judicial actions, it occupies a special place among the methods of proof provided by law, in terms of methods of its implementation and opportunities to prove the circumstances relevant to the proper resolution of a criminal case. Interrogation is a multifaceted legal phenomenon that can be considered as an investigative action, as one of the ways provided by law to collect and verify evidence, as an institution of law, as one of the powers of the bodies of criminal investigation and court, as a form of manifestation of criminal investigation, as one of the ways provided by law to expose persons guilty of a crime; as a procedural way of forming testimony, as a way of protection (suspects – from suspicion, accused – from accusation), as a way to protect their rights and legitimate interests of victims of crime, as a way to legalize factual data obtained as a result of operational and investigative measures. One of the main types of interrogation is the interrogation of the accused during the trial. It is from the interrogation of the defendant in most cases that the examination of evidence begins, because it is from his testimony that the further course of the entire trial depends. That is why this article considers the criminal-procedural aspect of interrogation of the accused during the trial, describes the pros and cons of the interrogation of the prosecution, analyzes the tactics of interrogation by the prosecutor and the defense of the defendant, and provides recommendations for improving criminal procedure law.