Publication date: 03.06.2024
1. What is interrogation in criminal proceedings?
Interrogation in criminal proceedings is the process of obtaining statements from participants in the criminal proceedings, including the accused, witnesses, victims and experts. The interrogation is conducted with the aim of clarifying the circumstances of the case, establishing the truth and obtaining evidence for the trial.
2. Which participants in criminal proceedings can be questioned during the trial?
During the trial, the following participants in the criminal proceedings may be questioned:
- Accused.
- Suffered.
- Witnesses.
- Experts.
3. Who initiates the questioning of persons during the trial?
Both the prosecution (prosecutor) and the defense (the accused or his lawyer) can initiate the interrogation of persons during the trial. The court can also initiate an interrogation to clarify the circumstances of the case.
4. At what stage of criminal proceedings are requests for questioning of persons made?
Requests for interrogation of persons are made at the stage of the preparatory court session or at the stage of the trial. Motions can be submitted both before the start of the trial and during it, depending on the need for interrogation.
5. When does the court decide on the list of persons to be questioned during the case?
The court makes a decision on the list of persons to be questioned at the preliminary hearing or at the beginning of the trial. This decision can be changed during the process if there is a need to examine new witnesses or experts.
6.What is the procedure for questioning the accused in court?
The interrogation of the accused in court is carried out in the following order:
1. The court gives the floor to the accused to explain the circumstances of the case.
2. The prosecutor interrogates the accused first, the lawyer second. After that, other participants in the case have the right to ask questions to the accused.
3. The accused has the right to refuse to testify.
4. After the main interrogation, cross-examination of the accused is possible.
5. The presiding judge has the right to ask the accused questions to clarify and supplement the answers during the entire interrogation.
7. What is the procedure for questioning witnesses and victims in court?
The questioning of witnesses and victims in court is carried out as follows:
1. The witness or victim swears to tell the truth.
2. The prosecutor is the first to ask questions of the prosecution witnesses, followed by the defense attorney of the accused.
3. The defense attorney first asks questions of the defense witnesses, followed by the prosecutor.
4. The court may ask its questions.
5. After the main interrogation, cross-examination is possible.
6. After questioning a witness or a victim, other participants in the criminal proceedings may ask them questions.
7. The court may organize the questioning of several witnesses at the same time in order to find out the reasons for the discrepancy in their testimony.
8. In order to ensure the safety of the witness, the victim, they may be interrogated using technical means from another room or in another way that will make their identification impossible.
8. What is cross-examination?
Cross-examination consists in asking questions of the witness, the victim or the accused by the party that did not conduct the main examination.The purpose of cross-examination is to check the credibility of testimony, identify contradictions and clarify details.
9. What is the procedure for questioning an expert in court?
An expert may be questioned in court at the request of a party to criminal proceedings, the victim, or at the court's own initiative.
The procedure for questioning an expert in court:
1. The expert provides an opinion on the case.
2. The prosecutor and the lawyer ask the expert questions to clarify his conclusions.
3. The court may ask its questions to the expert.
4. The expert answers the questions, justifying his conclusions.
10. What are the features of questioning a minor or minor in court?
Interrogation of a minor or a minor has its own characteristics:
1. It is conducted in the presence of a legal representative, a psychologist or a teacher.
2. Can be conducted without the presence of the accused in order to avoid pressure on the child.
3. Questions are formulated in the most understandable and friendly way.
4. The court ensures the protection of the rights and interests of the child during interrogation.
Conclusion
Interrogation of persons during the trial of the case is a key element of the process of establishing the circumstances of the case and issuing a reasoned court decision. This tool allows you to collect direct testimony from the accused, victims, witnesses and experts, which helps the court to form a complete picture of the events and facts relevant to the case.
The value of the interrogation to establish the circumstances of the case is as follows:
- Interrogation provides an opportunity to directly hear the participants of events that are important for the case.
- Helps identify and evaluate evidence, verify its validity and relevance.
- Facilitates detection of inconsistencies in testimony, which can be critical to establishing the truth.
- Carries out additional control over the legality of collected evidence and the procedures for obtaining it.
The defense side has ample opportunities during the interrogation of persons in court to prove the innocence of the accused:
- The defense may ask questions to witnesses and experts in order to identify inconsistencies and contradictions in their testimony.
- The ability to conduct cross-examination, which allows you to check the truthfulness and accuracy of the testimony, as well as to expose possible biases or flaws in the testimony.
- The defense can present its witnesses and experts who can provide additional information or an interpretation of events that supports the defense's version.
- Assistance to the accused in providing his own testimony, which can refute the accusation or confirm the alibi.
Thus, interrogation of persons in court is an important means of ensuring justice and respecting the rights of all participants in the process.It contributes to an objective and comprehensive consideration of the case, helping the court to make a well-founded and legal decision.
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