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Publication date: 08.02.2024
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Interrogation in criminal proceedings is one of the key stages in gathering evidence and establishing the true circumstances of the case. This process is of great importance for the accused, as the outcome of the trial often depends on it. Accordingly, it is important to have a clear understanding of the regulatory framework, rights and obligations of participants, as well as legal guarantees during interrogation. In this consultation, we will review the key aspects of this process and provide advice on how to protect your rights during a criminal interrogation. Lawyer prices did not equal the price of freedom
1. Regulatory base:
Before conducting an interrogation, it is important to familiarize yourself with the extensive regulatory framework that regulates the interrogation procedure in criminal proceedings. This database includes various laws, regulations, instructions and other legal documents that define the rules and procedures of interrogation. Knowledge of these legal acts is key to ensuring the correctness and legality of the interrogation.
1.1. Criminal Procedure Code of Ukraine (CPC): The main legislative act that defines the general principles and procedures of criminal proceedings, including interrogations of participants in the process. 1.2. Resolutions of the Prosecutor General's Office of Ukraine and the Ministry of Internal Affairs: Directives that regulate some aspects of interrogation and establish internal procedures for law enforcement officers. 1.3. Rulings and clarifications of the High Anti-Corruption Court: In cases related to corruption cases, it is important to familiarize yourself with the practice and clarifications of this court regarding the conduct of interrogations. 1.4. Scientific and theoretical works and comments of lawyers: Additional sources that provide interpretation of legislation and clarify the practical application of its provisions in the field of interrogation.
2. Protection of rights in case of violation of the procedure or illegal actions:
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In case of violation of procedures or illegal actions during interrogation, a person has the right to protect his rights and interests. It is important to keep in mind that even in criminal proceedings, compliance with the procedural rights of a person is mandatory. Here are some aspects to consider in order to protect your rights during interrogation:
2.1. Objection to wrongdoing: If a person believes that their rights are being violated during an interrogation, they have the right to object and seek appropriate protection. This may include refusing to answer questions or seeking help from a lawyer.
2.2. Appeal to the prosecutor or investigator: A person may appeal to the prosecutor or investigator with a complaint about illegal actions that occurred during the interrogation. The prosecutor or investigator is obliged to consider such an appeal and take appropriate measures.
2.3. Filing a complaint to the court: If the violation of procedures or the rights of a person is of a serious nature, a complaint can be filed to the court. The court will consider this complaint and take appropriate measures to restore rights and settle the situation.
2.4. Involvement of a lawyer: A person participating in an interrogation has the right to involve a lawyer to protect his rights and interests. A lawyer has the authority to protect the client's interests, prevent violation of their rights and provide legal assistance.
3. Participation of the lawyer in the interrogation:
The participation of a lawyer in the interrogation is important from the point of view of ensuring the rights of individual freedom, the right to defense and the corresponding procedural status during criminal proceedings. In order to ensure the effectiveness of the protection and guarantee of the rights of the suspect or the accused during interrogation, a lawyer can perform various functions and carry out various actions, in addition to the services of a lawyer in court:
3.1. Protection of the rights of the suspect: The lawyer ensures the protection of the rights and interests of the suspect during interrogation. He defends a person's right to remain silent, the right to legal aid and all other procedural guarantees.
3.2. Accompaniment during interrogation: A lawyer accompanies the suspect during interrogation and provides him with support and advice on answering the questions of the investigator or prosecutor.
3.3. Monitoring compliance with procedural rules: The lawyer monitors compliance with procedural rules during interrogation and prevents violations of the rights of the suspect or the accused.
3.4. Protection against wrongdoing: A lawyer intervenes in cases where a suspect faces wrongdoing by an investigator or prosecutor during questioning. He can demand the termination of the interrogation, file a complaint or appeal to the relevant authorities.
3.5. Preparation for the interrogation: The lawyer prepares the suspect for the interrogation by providing him with information about the procedure, questions that may be asked and advice on answers.
3.6. Recording of the interview: The lawyer has the right to keep a recording of the interview, which is an important means of recording what was said during the interview and can be used as evidence in the trial.
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