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INTERROGATION AS A MEANS OF NEUTRALIZING THE COUNTERACTION TO INVESTIGATION OF CONSUMER LENDING FRAUD

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PDF: Author(s): Tyuleeva E. A.,
Number of journal: 1(54) Date: February 2021
Annotation:

The proposed article explores problematic issues of counteracting to the investigation of fraud in the field of lending to individuals. Based on the analysis of literary sources and the practice of investigating the cases of this category, the author tries to show the importance of interrogation as a means of neutralizing such resistance. The investigator, starting the investigation process, does not usually aim to detect signs of resistance but merely to obtain evidence that allows a particular person to be prosecuted for a crime. At the same time, realizing that the investigation is possible, the investigator (investigator) is obliged to predict the development of the situation and be ready to neutralize the opposition or overcome it by all possible means. There is a problem with establishing the circumstances to be proven. The most typical signs of opposition to the investigation by both witnesses and suspects (accused) are suggested. In accordance with the procedural situation of these persons, interrogation techniques are proposed, which have proved themselves most effectively in practice. Thus, when questioning a witness one should adhere to the following techniques: conversation; detailing and specifying the testimony; methods of exposing lies (emotional, logical impact); appeal to the positive qualities of the witness. When questioning a suspect (accused) in order to neutralize the countermeasures, it is suggested to use the following techniques: the presentation of evidence; demonstrating the investigator’s awareness of the amount of evidence available; the use of contradictions in the testimony of the accomplices; clarification of certain provisions of the law related to the procedure for obtaining evidence both incriminating the perpetrator and mitigating their responsibility.

Keywords:

fraud, consumer lending, disclosure, investigation, investigator, interrogator, investigation situation, questioning, signs of resistance, tactical techniques.

For citation:

Tyuleeva E. A. Interrogation as a means of neutralizing the counteraction to investigation of consumer lending fraud. Business. Education. Law, 2021, no. 1, pp. 226—230. DOI: 10.25683/VOLBI.2021.54.111.