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Kharkiv National University of Internal Affairs, Ukraine
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The problems of work with young witnesses in police professional activities. Processed literature and highlights the main features of work with young witnesses. We describe the major problems in dealing with juvenile witnesses.
Keywords: witness, psychological knowledge, law enforcement, investigation, criminal procedure, juvenile.
Indications witness one of the most common types of criminal proceedings sources of evidence. Without these kinds of evidence, it is usually impossible to complete the pre-trial and trial in a criminal investigation. This is the first of their importance in establishing the truth of the case and in solving criminal proceedings.
Criminal Procedure science subjected to reasonable criticism of the theory of unreliable evidence that at one time have spread in the literature and based on that testimony - not a perfect way the truth, and therefore not credible. "Science" is explained by the negative qualities of human nature, that by its nature psychobiological man did not seem able to give objective information, but according to his moral nature capable of lying.
Indications witness together with other evidence play a significant role in the proof. The credibility of the witness based on many social practice, which confirms that the person has the necessary physical and psychological, moral character to be a reliable means of information about the facts reflected in her mind. In most cases, the moral principles of man is his high sense of public duty, tolerance for violations of public interest, honesty and truthfulness, uncompromising attitude to injustice and others. They serve as the basis for the integrity and objectivity of the witnesses testimony. This, however, does not exclude the testimony of a witness bias, their untruthfulness and misrepresentation of facts as a result of fair delusion. All this, without doubt, difficult knowledge of circumstances which should prove, and impedes the truth, but cannot prevent it, because such testimony exception to the rule, and most importantly - the investigating authorities and the court are necessary tools for comprehensive testing and evaluation such statements to identify objective perjury and witness deceit (1).
The examination of a witness - an investigative action, in which the investigator receives from those questioned, verbal information about the circumstances of the crime and other facts that are important to establish the objective truth and ensure the correct application of the law. In other words, it is "the transfer of the investigator who questioned, appointments, which are investigating whether related circumstances or people" (2).
How to said V.P.Bahin, so questioning appeared only in terms of information. In practice examination is one of the most complex investigations. Difficulty examination is determined not only by the fact that investigators often opposed to a person who does not want to testify, but the fact that the testimony of a witness in good faith may contain errors and distortions, deceit and speculation, which must be found and taken into account in determining the path to truth. The examination of the investigator requires high professional skills (3).
The formation of readings from the moment of perception of events to convey information about them is psychological in nature, due to the influence of many objective and subjective factors, which are in any way affect the completeness and objectivity of evidence. Therefore, the correct evaluation of the testimony must be considered subject to investigation perception interesting events. The investigator is common that different people who are participants or witnesses of one and the same event differently perceived her circumstances. Sometimes this may be due to the position being questioned, his range of interests and intentions. In other cases, it may be due to the peculiarities of perception, memory and display information received various subjects (4).
A prerequisite to obtain complete and accurate testimony is direct perception of events that occur senses witness. Various features of objects of the world cause the set of feelings, make representations in the form of images. The formation of specific image often affects human experience, level of development, range of interests, professional training, which defines our knowledge of the object or phenomenon. Perceiving the properties of objects, the witness interprets, evaluates them within their experience and knowledge.
There are objective and subjective factors that make it difficult to obtain reliable and complete information about the event observed. The objective factors are those that do not depend on witness such adverse conditions observation: short-term view, remoteness, lack of lighting, atmospherics. Subjective include, first, the defects of human senses, and secondly, reducing opportunities perception senses witness under the influence of pain conditions, nervous disorders, fatigue, intoxication, stress and various other reasons.
Fixing witness information is predictable and unpredictable. Estimated remembering occurs in cases where the witness is making efforts to remember an event that observes. For example, he suggests that he will have to continue to give evidence about what is happening, or when it appears interest in the event, especially if it is unusual. In the foreseeable memorizing the information received is kept in memory longer, and when displaying facts witnesses are given the most complete and accurate readings. However, there is often unpredictable memory.
It is known that over a period of time may pose a risk of distortion or even loss of information received. As a general rule, the proposed interrogation delay affects the quality of the evidence. However, questioning eyewitnesses who stung what happened immediately after the crime may also be ineffective. Usually more complete and accurate testimony is under interrogation, conducted a few days after the event, when previous experience losing sharpness without disturbing interrogated focus on the circumstances of the case. Please be aware that the process of forgetting can be reversed. Under favorable conditions, forgotten events or facts can be restored in memory. This phenomenon is called in psychology reminiscence. Using called psychological pattern, you can get the new data with repeated questioning witness.
Before giving testimony in his memory a process references the circumstances of past events. However, the problem memoirs he sometimes "fills" other inherent notions, based on additional information from outside their own experience of previous observations. This hidden serious threat distortion readings.
Accuracy of information on crime is largely dependent on how well the witness is able to express their views. But even with high culture language possible difference between what the witness thinks, and what he says investigator. Typically, these distortions arise from the accelerating pace of questioning. Sometimes some investigators mistakenly believe that the slow pace of witness testimony, when he designed in the presentation of evidence, delaying the answers to questions, etc., suggests insincerity questioned. Giving evidence, witness not only provides information about the crime investigator, but critically rethinking its matching his testimony was seen with earlier ideas. Therefore, the rate of examination shall not prevent the witness arguments critically and express their thoughts.
Avoid distortion of information. Must be adapted to such interrogation techniques that would have excluded any distortion of evidence.
When logging record readings should be maintained or after the oral examination, or simultaneously with, or at certain stages. As practice shows, the first method ensures the continuity of questioning does not infringe contact with those who questioned, but needs more experience, good memory and associated with the risk of distortion or partial loss of information when recording readings. Logging in parallel with oral questioning the quality degrades, breaks contact with those who questioned, but significantly improves the completeness and accuracy of readings. Therefore, in most cases it is better to examine witnesses for the individual episodes, stages, allowing you to take advantage of the first and second means and without significant deterioration of the oral examination to obtain full enough evidence.
Sometimes the case, especially when investigatingmany episodic cases involving theft of state, collective or personal property of citizens (economic crimes), it is necessary to obtain repeated readings. The first examination often gives rise to references Forgotten circumstances mobilizes memory and this creates favorable conditions for filling the gaps in the testimony in the future. Additions during the second interrogation may be caused by the fact that some of the information reported on the first interrogation was not accurately recorded or uncommitted investigator. Note that when witnesses re-examine remember and sometimes textually reflect their initial testimony, rather than initial report based on the perception of crime. Then the obvious substitution of the crime initial indications of it, according to the first interrogation. The value of this re-examination is questionable. Moreover, such a re-examination of can lead to undesirable consequences - fixing errors and omissions prior testimony. Therefore, as a rule, cannot start questioning on whether the witness confirms its previous statements.
Repeated questioning could play a negative role and misunderstanding of those who questioned, essentially warning of criminal liability for giving false testimony, which makes even a bona fide witnesses sometimes avoid making additions and changes to its previous indications, although the need for this is obvious. Therefore, it is advisable to re-examination of the witnesses to explain that in it eliminate inconsistencies and errors in the statements recorded during the first interrogation, cannot obviously indicative of their falsity. Stubbornness same insistence on prior testimony in an apparent falsity of some of their provisions may witness the transformation of primary fair errors deliberate lie.
Therefore, the re-examination of the investigator should pay particular attention to the fact that a witness reported him evidence related to the crime under investigation. The reasons for deviation from the initial indications as to obtain new information from a witness should be detected and matched perfectly with the terms of perception, memory and display events. This approach can correctly assess the veracity of repeated readings.
Practical workers who perform proof in cases of juvenile crimes, it is known that persons who have not attained the age of majority, inherent special psychological quality, age-specific characteristics and properties of their personalities. These features affect the level of consciousness, volitional qualities and character formation. The moral and spiritual development of the elderly is not yet complete. They do not have sufficient skills official conduct, life experience, mature and stable legal views. They are characterized by instability and partial change of mood, irritability, weakness and inhibitory processes yielding bad influences, uncritical attitude to their behavior, desire to emulate or even copy the behavior and attitudes of older persons and others. So they, unlike adults, for objective reasons not always be fully and clearly imagine all the bad consequences of the offense, and often naive or wrongly understood and the nature of what is happening, the seriousness of the damage caused. And the younger the teen, the more clearly manifested in his behavior these age osoblyvosti1.
With these features the investigating authorities, the prosecutor and the court must conduct interrogations not only suspects, defendants, victims, defendants, but minor witnesses.
A minor witness is a witness who has not reached the age of 18, called the investigator through legal representatives, except when they are interested in the consequences of solving the case.
Summons, telegram or telephone message to call for questioning juvenile witness sent his parents, guardians, or the administration of the institution or organization in the custody or care what it is.
The witness, who is not yet 16 years of age of criminal liability for refusal to testify and for giving-known for false testimony under Articles 384-385 of the Criminal Code not warned. He only clarifies the duty to speak the truth for questioning. In addition, the CPC provides in the interrogation of minor witnesses the presence of certain individuals, doctors, teachers, parents and others. The examination of a witness under 14 conducted in the presence of the teacher, and if necessary - a doctor.
The presence of a physician during the interrogation of a minor witness under 16 may be considered necessary by the investigator in the case of retardation in physical or mental development questioned his pain.
The presence of a father, mother or other legal representative of a witness can help protect their legitimate interests, establishing psychological contact with him and get a full and truthful testimony. Before calling a legal representative to participate in the interrogation investigator must determine whether it is personally interested in the testimony of the minor and that the relationship between them.
Before the examination of the investigator may consult with teachers, doctors, legal representative on interrogation tactics, the wording and order of questions staging a minor, it is advisable to ask questions themselves. It should also be borne in mind that a minor witness is usually easier than an adult exposed to suggestion, prone to daydreaming and fatigues, becomes inattentive. Because of his interrogation should not be very long, sometimes needed break in the interrogation.
Indications of a minor witness interrogation should write simple, understandable sentences him, considering the characteristics of his speech. To once again not to call him in for questioning, it is advisable for a comprehensive and accurate fixation course and examination results apply stenography, audio or video recording.
It should also be noted that the interrogation of a minor in court common to many features. One of them is the fact that at the age of 7-8 years is not able to indirectly cover and consistently to describe what they see. Therefore, there is no questioning the structure of phrases free story (in interrogations 8-10 year olds is only planned), it is made in the form of questions and answers. Hence it is clear that the comprehensiveness and completeness interrogation of a minor is entirely determined by the amount specified for it.
The well-known characteristic of this age fantaziynist emotional exaggeration seen. Not understanding or simplistic understanding the social significance of what he saw and what to talk in public court interrogation, the child can firmly and confidently, and therefore conclusively answer the most important question for future cases, but the answer of all this will be wrong - or Dreamed up or adapted, "that fit" in the subject of an issue because of the suggestive nature of the latter. It should be noted that leading questions is pretty bad in the interrogation of minors and persons with a lag in mental development, for they are the most influential force.
And another important point. It is unusual and strange surroundings for minor public court examination suppressing it interferes with focus and understand what was wanted of him and what he has to say. Therefore, one of the major challenges faced by those who lead the questioning in court in such situations is stress relief in minor witness and establishing psychological contact with him. Obviously, the interrogation of a minor must be conducted in a very simplified, game form, and, if possible, in his vocabulary. Only in this case can be considered that the question correctly understood minor, and this - the key to an adequate response. To solve the Prosecutor (judges) may according to the law should help the teacher (teacher) as a specialist in children, including child psychology.
Speaking about the interrogation of minors, particularly during the trial, I would like to draw attention to a very important issue, which almost does not count in practice - is it necessary and is it always necessary interrogation of a minor in a particular case.
Finally, assessment of indications minor witnesses shall be based on the general provisions of Art.
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