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Protocol of interrogation of the victim: design features, sample

In the list of mandatory investigative actions aimed at collecting evidence, the first place is occupied by the interrogation of the victim and the witness. It is necessary to clarify any circumstances to be established in the framework of a criminal case. victim interrogation record

Obligations and rights of persons

In accordance with applicable law, the victim / witness must appear upon a call to the investigator to testify. However, they must provide reliable information regarding the circumstances of the incident.

Before interrogation, citizens are warned of responsibility for false testimony, refusal or evasion of testimony.

Meanwhile, the law allows individuals to not testify against loved ones, their spouse or themselves.

A call for interrogation is carried out by sending or transferring the summons. It indicates the place, time and date of appearance. As a rule, interrogation is carried out at the place of production of the investigative measures or (in some cases) at the address of the actual stay of the persons.

Responsibilities of the Investigator

An authorized employee must take into account the particular procedural situation of the victim of the assault. For the victim, testimony acts as a means of protecting his interests. The investigator should explain to the citizen his rights and ensure their implementation. victim interrogation protocol

Before interrogation, the employee verifies the identity of the victim, determines his attitude to the perpetrator, finds out other information.

Interrogation report of the victim: sample

All testimonies of a citizen should be recorded in the relevant procedural document. The form of the protocol interrogation of the victim must contain information about:

  • Location, date of production of the investigative action.
  • F. I. O. of the official compiling the protocol.
  • F. I. O. of the interrogated citizen. If necessary, his address is also indicated.

AT interrogation report There should be information that the subject was explained his duties and rights, as well as responsibility for violation of the law.

If an interpreter is involved in interrogation, information about this is indicated in the document. Also in pvictim interrogation It is noted that the translator was explained his duties and responsibilities for knowingly incorrect translation. Under this entry, the specialist signs. victim interrogation protocol

Interrogation

Enter testimony the victim in the interrogation protocol form necessary from the first person. Whenever possible, information is reflected verbatim. If necessary interrogation report The questions that the investigator asked and the answers received from the citizen may be indicated.

Upon completion of the procedural action, the document is provided to the person for review. By request victim protocol interrogation can be supplemented. In addition, it may be amended.

Interrogation of a minor

In accordance with the law, when testifying by a person under the age of 18, his legal representatives or teacher may be present. About their attraction to interrogation of a minor victim in the protocol an appropriate entry is made.

These persons are also explained their duties, responsibilities and rights. protocol of interrogation of a minor victim

Nuance

After interrogation, at the request of the victim, he may be given the opportunity to personally testify. This is also noted in the protocol.

Signing

If the protocol was drawn up on several sheets, each of them must be signed. If an interpreter, teacher or legal representative of the victim participated in the interrogation, they also need to sign.

The last document is certified by the employee who compiled it.

In case of refusal or inability of the victim to sign the protocol, this fact is certified according to the rules enshrined in article 142 of the Code of Criminal Procedure.

Additionally

Information in the protocol can be entered by hand or using technical means.

To ensure completeness of the data, the use of shorthand is allowed. However, the record is not attached to the case file.

If during the interrogation the testimony was recorded, information about this is also reflected in the protocol. protocol of interrogation of a victim upon robbery

The value of the document for investigation

The protocol is one of the key procedural documents. Often its execution is carried out directly at the crime scene.

The questions that the investigator asks depend on the nature of the crime. For example, in protocol of interrogation of a victim upon robbery information is recorded on the signs of the suspect, the relationship the victim was with the attacker (knew or did not know the perpetrator), the situation of the attack.

The task of the investigator is to collect the necessary information as soon as possible. Upon prompt receipt of the necessary information, the crime can be solved without delay.

Conclusion

The protocol is a procedural document, therefore it should be drawn up in accordance with the rules established in the legislation. In the absence of the signature of the investigator on the document, he may be declared invalid. A similar rule applies in the event that evidence was obtained by illegal means. For example, through psychological or physical pressure on a citizen.

The interrogation protocol shall be attached to the case file without fail.

The legislation establishes the responsibility of authorized employees for the reflection in a procedural document of knowingly false or incomplete information.


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