Certain aspects of evidence collection in the investigation of crimes in the sphere of official activities using the authorities of official persons

Abstract

The scientific study is devoted to the analysis of problematic aspects of the investigation of crimes in the field of official activity using the powers of officials, in particular, the identification of ways to overcome opposition to the investigation, the choice of tactical methods of obtaining testimony, and their possible solution in order to improve the process of documenting and investigating the specified facts. It was established that the choice of tactical techniques for carrying out separate investigative (search) actions in overcoming resistance to the investigation of crimes of the specified category depends on the illegal actions of a person and is carried out by identifying and documenting methods of resistance. It was concluded that the status of the interrogated persons (witness, victim, suspect) depends on the specific situation that arose during the criminal proceedings at the time of the interrogation and the presence of evidence of the official’s involvement in the commission of the crime. It was emphasized that the subject of interrogations of certain categories of persons should be based, on the one hand, on the circumstances to be proven, and on the other hand, the nature of the functions performed by the person and the possible extent of awareness of the mechanism of criminal activity should be taken into account. Special attention is paid to choosing the appropriate “format” of the interrogation, ensuring the safety of its participants. It is recommended to choose the tactics of interrogation of officials taking into account the situation of opposition to the investigation, which consists in detailing the information received, in the application of individual tactical methods of exposing untruths, their complexes.