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PECULIARITIES OF THE INTERROGATION IN THE PRESIDENTIAL INVESTIGATION. CAN I REFER TO THE INTERROGATION IN COURT?

 According to the Constitution of Ukraine, a person is not prosecuted for refusing to testify or explain about himself, family members, close relatives.

 According to the current criminal procedure legislation, interrogation is an investigative action carried out by investigators, investigators of pre-trial investigation bodies, and the prosecutor. The interrogation is carried out in order to obtain information about the circumstances of the criminal offense.

 The interrogation may last for no more than two hours and no more than eight hours a day.

 Prior to the interrogation, the authorized official must explain to the interrogated his rights and the procedure for interrogation.

 Without exception, all interrogated persons have the right to use the legal assistance of a lawyer during interrogation.

 ” It is important to know 

 Only the following have the right to be present at the interrogation:

  • lawyer;
  • prosecutor;
  • translator;
  • representative, in cases provided by law;
  • in the case of a “face-to-face bet”, another witness, suspect, victim.

 Based on the results of the interrogation, a protocol shall be drawn up to which remarks and objections of the persons who took part in the interrogation shall be made. The protocol is signed by all participants.

 Testimony obtained as a result of interrogations is one of the sources of evidence in the pre-trial investigation and on them, including the “building” of the accusation.

 Can a judge, in the course of a case, refer in substance to the testimony obtained during the pre-trial investigation?

 No. This is prohibited by criminal procedure law. The court is not entitled to announce and refer to the testimony of the parties to the proceedings obtained during the pre-trial investigation. Victims, witnesses, and prosecutors must be questioned directly in court. As a result, the prosecution does not have the right to refer to the testimony given to the investigator / prosecutor in the pre-trial investigation and to attach interrogation records.

 The current legislation provides for cases when a participant in criminal proceedings at the stage of pre-trial investigation may be questioned in court with the use of audio recording. Such interrogation shall be conducted if in the future during the trial the witness or the victim will not be able to appear at the court hearing due to the existence of a real threat to life and health, serious illness, or the existence of other objective grounds. The results of such an interrogation may be used in court and attached to the case file.

 Not every testimony given to the court can be used as evidence. Any statements, judgments, allegations of the suspect, accused in the consideration of the request for the imposition of a measure of restraint may not be used as evidence of guilt in the commission of a criminal offense.

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