The influence of the features of judicial interrogation on the content of tactical means of its optimization

Abstract

The article highlights the peculiarities of judicial interrogation, the complexity of which is determined by the psychological tension of a vocal and open competitive process, a dynamic, collective study of the testimony of the interrogated persons. The tactics of judicial interrogation is considered as a system of the most rational and effective measures for the organization and conduct of interrogation by its subjects. At the same time, the presiding officer's tactics include techniques and methods of preparing for the interrogation, managing its conduct, evaluating and using the obtained results.
 Factors determining the specificity of judicial interrogation include: 1) publicity of the trial; 2) dynamism of the forensic investigation; 3) awareness of the parties regarding the essential elements of the indictment and available evidence; 4) a greater remoteness in time of the investigated event compared to investigative interrogation.
 The features of judicial interrogation considered in the article significantly distinguish it from interrogation at a pre-trial investigation, which requires the development of original techniques used during interrogation in a court session, because not all tactical techniques developed by criminology for the needs of pre-trial investigation are suitable for use in court proceedings. At the same time, there are some analogies between judicial and investigative interrogation, the presence of which determines the need to use a complex approach when creating means of tactical and forensic support for judicial interrogation, which involves taking into account the differences between interrogations at pre-trial investigation and in court, as well as the use of what has been developed by forensic science and verified by investigative practice of the tactical arsenal of investigative interrogation, the problems of which are studied more deeply, and the tactical means are developed in more detail and, with creative thinking, can be adapted to the situation of the trial.