Legality and ethics of influencing the suspect and the accused during interrogation

Specificity of criminal procedure as a form of social practice makes special demands to the means of crime detection and investigation, among which are tactical forensic tools. One of them, a tactical forensic tool, requires legal and ethical application. It is most difficult to judge about the legal and ethical application of tools in case of interrogation of the person who refuses to cooperate with the investigation. The main reason for this difficulty is that the content of such tools is a permissible psychological effect. Its essence does not allow to accurately determine and express the parameters distinguishing this effect from psychological violence. The legality of the tool as well as its ethics is of the general "framework" character because the Criminal Procedure Code of the Russian Federation does not contain forensic recommendations. The assessment of the mode of action as a tactic should be made by analysing its compliance with the principle of legality (Article 7 of the Criminal Procedure Code of the Russian Federation) and other principles of criminal procedure. The Criminal Procedure Code of the Russian Federation prohibits the use of illegal methods of action that can lead to denigration of honour and dignity of the interrogated person. Due to the complexity of denigration of honour and dignity the literature often associates this phenomenon with unethical tactical forensic tools. Such tools are called "investigative tricks". The author gives arguments on the objective impossibility of causing denigration of honour and dignity of the interrogated person when these tactical forensic tools are applied.

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