The Form of Action for Obtaining Explanations
Since interviewing is essentially similar to interrogation, its procedure should be similar to the interrogation procedure. At the same time, measures of state coercion should not be applied, which is explained by the specifics of the stage of initiation of a criminal case. In the criminal procedure law, it is advisable to provide the following rules. Interviewing as a general rule is carried out with the consent of the interviewed person at the place of verification of a message about a crime or at the location of the interviewed person. In practice, citizens are summoned for interviewing, which contradicts the voluntary nature of citizens' participation in verification activities. It would be more acceptable to send a notice with a proposal to arrive for interviewing at a specific time and place. It does not seem necessary to regulate the duration of interviewing since it can last as long as the interviewed person agrees to give explanations. The exception is interviews of minors, the duration of which, depending on the age of the interviewed, must comply with the rules of Article 191 of the Code of Criminal Procedure of the Russian Federation regulating the peculiarities of investigative actions involving minors.
Keywords
возбуждение уголовного дела, объяснения, опрос, доказательства, initiation of criminal case, explanations, interviewing, evidenceAuthors
Name | Organization | |
Kosenko Andrey M. | Nyagan Inter-District Department of the Investigation Department of the Investigative Committee of the Russian Federation for the Khanty-Mansi Autonomous District - Yugra; Moscow Academy of the Investigative Committee of the Russian Federation | Kosenko_am@mail.ru |
References

The Form of Action for Obtaining Explanations | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2019. № 13. DOI: 10.17223/23088451/13/14