- Journal Issues
- № 1 2016 Actual problems of application and implementation of the CPC of Ukraine: up to three years after the entry into force
- Problems of criminal procedure
- The objective, factual and procedural grounds of simultaneous interrogation of two or more persons are questioned need clarification
The objective, factual and procedural grounds of simultaneous interrogation of two or more persons are questioned need clarification
Review
On the basis of differentiation categories "goal" and "objective" proposed revised approaches to the definition of objectives, tasks and factual and procedural grounds simultaneous interrogation of two or more persons are interrogated and made proposals for amendments according to the Code of Criminal Procedure of Ukraine.
In particular, drawn attention to the fact that a mixed approach to the definition of the aforementioned concepts are caused primarily traditional identification in the legal literature general categories of "goal" and "objective", which leads to the fact that instead of goal investigative action defined it’s task, or one of them. However, as you know, the goal is always ahead imaginary end result of specific activities and objectives, that is what should be done to achieve this goal. Not accidentally tasks solved during any investigative action usually few and they can be both procedural and tactical sense. This approach also makes it possible to distinguish between strategy and tactics of specific activities, which in this case is the simultaneous interrogation of two or more persons are interrogated.
On the other hand, the definition of the purpose of investigative action and directs it to determine the actual reason. But as scientists and practitioners need a clear definition and demarcation of actual and procedural grounds as this and other investigative actions usually do not pay enough attention, which could cause questions about their legitimacy. In view of this author proposed to determine the actual reason simultaneous interrogation of two or more persons are interrogated and lists of it’s procedural grounds. It is noted that the investigator, the prosecutor has the right to conduct a simultaneous examination of two or more persons are interrogated in indications where there are significant differences regarding the circumstances that are the subject of proof to establish additional evidence regarding the true course of these circumstances.
Keywords: simultaneous interrogation of two or more persons are questioned, confrontation, purpose, objectives, significant differences, the grounds, procedural grounds.