OBTAINING TESTIMONY OF A WITNESS IN CONDITIONS THAT ENSURE HIS SAFETY IN CRIMINAL PROCEEDINGS

Анотація

The scientific article is devoted to the study of procedural, organizational-tactical and psychological features of obtaining witness statements in conditions that ensure his safety in criminal proceedings. It was concluded that the tactics of obtaining statements during the interrogation of a witness at the stage of pre-trial investigation are formed depending on the typical interrogation program of a person who is in the status of a witness (eyewitness, witness, expert, whistleblower, confidant, etc.), his age, and depends on the investigator situations in specific criminal proceedings, from real and potential threats to such persons, their relatives and relatives. It is noted that in the case when there are sufficient grounds to believe that the life, housing, health, property of the witness, his family and relatives are in danger, his interrogation should be conducted in conditions that ensure the confidentiality of personal information. It is emphasized that when deciding on the question of conducting an interrogation of a witness, it is worth giving priority to the safety of the witness, his family and friends, without risking the loss of potential evidence. Arguments are given that, for tactical reasons, it is expedient to question a witness in a court session by an investigating judge during a pre-trial investigation, or in the mode of a video conference using technical means from another room, in particular outside the court premises, to ensure the confidentiality of personal information. It was emphasized that obtaining objective information from minors and ensuring their safety at the same time depends on the skillful organization by the investigators of the procedure of questioning such a witness with the participation of a legal representative and a psychologist, as well as taking measures to ensure the confidentiality of information about the minor. In cases where a witness declares illegal influence after testifying, in order to keep information about his identity confidential, it is advisable to conduct the interrogation again with the assignment of the pseudonym of the participant in the investigative (search) action to the witness. In order to expand the procedural capabilities of the witness and his representative, in particular with regard to ensuring the safety of the witness due to the existence of a danger to life and health, the position is advocated for granting the right to the witness and his legal representative to apply to the investigating judge with a request to interrogate such a person in a court session in order Art. 225 of the Criminal Procedure Code of Ukraine, in particular the simultaneous interrogation of two or more already interrogated persons.