Browsing by Author "Giruk, V.V."

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    Тактика допиту малолітніх потерпілих від насильницьких злочинів. Tactics of interrogation of juvenile victims of violent crimes.
    (2021-03) ГІРУК, ВОЛОДИМИР ВІТАЛІЙОВИЧ; Giruk, V.V.
    The thesis for the degree of candidate of legal sciences, specialty 12.00.09 – criminal procedure and criminalistics; forensic examination; operational investigative activity. – National Academy of Internal Affairs, Kyiv, 2021. The dissertation is devoted to the research of topical issues of interrogation tactics of juvenile victims of violent crimes. The theoretical and legal bases of tactics of interrogation of juvenile victims of violent crimes and its significance for the investigation of criminal offenses of the studied category are clarified. A generalized portrait of a juvenile victim of violent crimes has been formed, the use of which will help to identify sources of information about the crime and allow to choose the most effective interrogation tactics. The ways of committing violent crimes against a juvenile are determined and their influence on the formation of the testimony of a juvenile victim is substantiated. The division of violent acts committed against a minor into the following types: physical, psychological, sexual and economic violence is proposed. The content of elements of the situation of committing a violent crime against juvenile victims is established, in particular: psychological relations that arise between the participants of the event, the place of the violent crime, time and chronological characteristics of the event, periodicity of memories of events and related experiences. The significance of the situation of committing a violent crime in the process of forming the testimony of a juvenile victim is proved. The objective and subjective factors that determine the psychological basis of the formation of testimony by a minor at the stages of perception, memorization and reproduction of the crime are identified.8 Theoretical and practical recommendations on the use of special knowledge during the interrogation of juvenile victims are analyzed. It is proposed to take into account the mental and physical development of the interrogated when deciding on the involvement of specialists in the interrogation of a minor. Emphasis is placed on the expediency of involving a child psychologist aged 2 to 7, and a teacher aged 7 to 14 during the interrogation of a minor victim. It is proved that the preparation of the investigator for the interrogation of juvenile victims of violent crimes should take into account the age and individual psychological characteristics of the child's development and will provide psychological contact between the investigator and the interrogated. It was found that the typical sources of information about a minor victim are: the minor himself; parents or other legal representatives of the minor; characterizing materials from the place of study; information contained in the testimony of witnesses. The situations that arise during the interrogation of a juvenile victim of violent crimes are systematized, in particular: 1) the juvenile victim provides reliable testimony; 2) the juvenile victim does not appear before the investigator for questioning, refuses to testify; 3) the minor victim gives unreliable testimony; 4) the juvenile victim does not remember the circumstances of the crime. It is proposed to use a differentiated system of tactical methods of interrogation to solve typical investigative situations, in particular: organizational, psychological, verbal behavioral and communicative-activity. Forensic recommendations have been proposed for the use of tactics to activate the memory of juvenile victims of violent crimes during the interrogation in order to overcome opposition to the investigation. The main forms of using tactical risks during the interrogation are highlighted, namely: risks directly related to the specified investigative (search) action; risks associated with the choice of tactics; risks associated with the choice of place, time and procedure of interrogation; risks associated with the replacement of one investigative (search) action by another. Tactics involving tactical risk are outlined, in particular: presentation of evidence during interrogation, if such 9 presentation is unexpected; presentation of the most important evidence or the whole set of available evidence at once; interrogation at the scene of a violent crime. The factors influencing the growth of tactical risk during the interrogation are clarified and the approaches to determining the acceptability of tactical risks are substantiated.