Questions in the Interrogation of the Accused under the Criminal Procedure Code of the Russian Soviet Federative Socialist Republic of 1923

Abstract

Modern problems of regulating criminal procedure relations could be traced to the preservation, both explicit and implicit, of normative ideas from the past legislation in the current law, which leads to the formation of eclectic normative constructs. The rules of the Criminal Procedure Code of the Russian Soviet Federative Socialist Republic of 1923 on the interrogation of the accused (the scientific interpretation of these rules) at the specific level of the formulation and use of these questions by the persons conducting the interrogation testify to the absence of legal relations in this procedural action. Persons authorized to ask questions to the accused could only do so in the second part of the interrogation (after the personal statement). The accused was under no legal obligation to answer the questions of the interrogators. The answers compiled the testimony of the accused that was not directly viewed as evidence. The procedure of giving personal statements led to the formation of evidence, but did not provide an opportunity for the interrogators to take action by asking questions. It is possible that the Criminal Procedure Code of the Russian Soviet Federative Socialist Republic of 1923 contained the normative idea of excluding the interrogation of the accused for the purpose of collecting evidence.