Confrontation - what is the concept, features and rules
The legislation provides for various investigative measures aimed at establishing the truth in a criminal case. One of them is confrontation. The concept and rules of this event will be considered next.
Some people believe that confrontation is an event that is necessarily carried out during an investigation. However, this is not the case. You should be aware that confrontation is an investigative action that is carried out solely at the discretion of the investigator. The need for it arises, as a rule, in the presence of significant discrepancies in the testimony of subjects previously subjected to interrogation.
The decision to conduct an investigative action is not taken by the employee in all cases of revealing contradictions in the information.
Features of discrepancy of indications
The reasons for the contradictions in the information received from the interrogated may be very different. Some individuals deliberately distort the facts, trying to evade responsibility, create a false alibi, etc. In some cases, discrepancies are the result of conscientious delusion. It, in turn, may be due to incorrect perception, poor ability to memorize information, inaccurate reproduction by the investigator of information obtained during interrogation.
To better understand what confrontation is, it is necessary to analyze the basis for its conduct. As mentioned above, the investigative action is carried out if the authorized officer has revealed significant contradictions in the testimony of the interrogated. In order to make a decision, it is necessary to evaluate the available evidence and compare it with information obtained from persons.
According to the general rules, the contradictions relating to the circumstances to be proved are considered significant. These facts are united by their legal significance, their ability to influence the outcome of the case, the consideration of a civil action, or the need to take them into account when imposing punishment. Therefore, failure to establish such circumstances would mean incomplete investigation.This, in turn, will result in the cancellation or modification of a court decision or the return of materials for additional investigation.
What are the rules for confrontation?
They are enshrined in Article 192 of the CPC. According to the norm, the general procedure for confrontation is as follows:
- The authorized officer must find out before the beginning of the investigative action whether the subjects involved in the procedure know each other what kind of relationship they have.
- Interrogated citizens are invited to take turns to talk about the circumstances for which they previously gave conflicting information.
After receiving the information, the investigator is entitled to ask questions to the subjects. In addition, with his permission, people can ask questions to each other.
The specifics of the procedure
Given the above, we can conclude that the confrontation is an action that:
- It can be carried out only in relation to previously interrogated persons.
- Aims to clarify the same circumstances for which the subjects gave conflicting information.
- Assumes alternate interrogation by authorized employees of two persons. In this case, the testimony given by one subject in the presence of another.
- Provides for interrogation by citizens of each other.
Types of procedures
To participate in the confrontation may involve two:
- The injured.
- The accused.
Investigative action can also be carried out in relation to:
- The victim and the witness.
- Witness and suspect.
- The suspect and the victim.
- The accused and the suspect.
The confrontation will be considered lawful if an order has been issued. The procedure is performed exclusively in the daytime, with the exception of situations that do not tolerate delay.
During the confrontation, as in the process of carrying out other investigative actions, a protocol is drawn up.
All testimony must be obtained by legal means. The use of threats, physical force and other prohibited methods is not allowed.
If the investigator plans to use technical means (sound or video recorders), participants of the confrontation must be notified about this.
Not everyone knows how to behave on a confrontation. Especially difficult in such situations, the suspect. The results of an investigative measure may be positive or negative for them.
For example, during the procedure, a suspect may, by his testimony, expose a dishonest citizen who has provided false information. However, the facts may be in favor of the prosecution. In this case, to avoid punishment will not succeed. To prevent the latter, the suspect should:
- Speak confidently. It is necessary that every word does not cause the investigator to doubt.
- To defend their position, if the other participant does not have worthy arguments.
- To admit only those circumstances that at the moment of confrontation is pointless to deny.
- Refuse negative statements, threats, etc. Such actions will negatively affect the attitude of the investigator.
In some cases, it is advisable to accept the "rules of the game" authorized employee. For example, if the investigator is clearly angry or behaves aggressively, you can portray fright. If a law enforcement officer tries to make contact and start a friendly conversation, you can be understanding.
It is advisable to attend a confrontation with a lawyer. His recommendations will avoid mistakes.
Suspects should remember that their status does not yet indicate that they will necessarily be punished. In their activities, law enforcement agencies should be guided by the principles of legality and the presumption of innocence. Often confrontation is the only way to eliminate the contradictions in the testimony of individuals. As well as other investigative action, the conduct of this procedure is strictly regulated by regulations.
All participants must sign the confrontation protocol.