OBTAINING TRUTHFUL TESTIMONY — THE PURPOSE OF INVESTIGATIVE INTERVIEW: EVIDENTIARY DIMENSION

The main aim of the article is to establish an optimal approach to the purpose of investigative interview among those proposed in science. Based on the aim of the study, its subject was such approaches to the purpose of interview, considered in science, as: “obtaining objective evidence”, “obtaining reliable testimony”, “obtaining truthful testimony”. In the course of the study, the following scientific methods were applied: the dialectical method; logical, comparative-legal, system-structural, as well as terminological analysis. The author justifies the necessity of accepting the gathering of truthful testimony as the purpose of investigative interrogation, clarifying its essence at the same time, by which he proposes to understand information in the form of judgments, sensually perceived by the interrogated person directly or by another person referred to by the interrogated person, without distortion by the conclusions of these persons deriving from it. The need to obtain truthful testimony in this sense is justified in the article, as it contributes to the establishment of credible factual information about the circumstances of the event under investigation, the achievement of the goal of criminal procedural proof. The author considers other information accompanying the testimony, which should necessarily be reflected in the records, as contributing to the further transformation of truthful testimony into credible. The results of the research can be applied in theoretical studies aimed at developing the procedural form of investigative interrogation, as well as its criminalistic tactics. From the practical standpoint, the conclusions of the research can contribute to the improvement of the legal regulation of this investigative action, the development and formalization of the requirement to obtain truthful testimony as the general goal of this procedural action. It would help to prevent the negative practice of exerting sometimes inspiring tactical influence in an attempt to gather “credible” or “objective” testimony during a single interrogation. This would prevent the negative practice of sometimes suggestive tactical influence on the interrogated person in an attempt to obtain “truthful” or “objective” testimony. Finally, the conclusions are made regarding the essence of truthful testimony, its reflection in the protocol, so that other participants can assess it as true, taking into account other cognitive operations, and to extract reliable information from it.

designation of investigative action, purpose of investigative action, purpose of investigative interrogation, truthful testimony, credible testimony, objective testimony, purpose of criminal procedure proof, levels of criminal procedure proof, establishing truth in criminal case, credible evidence formation

Semenovskiy A. I. Obtaining truthful testimony — the purpose of investigative interview: evidentiary dimension. Business. Education. Law, 2023, no. 1, pp. 186—193. DOI: 10.25683/VOLBI.2023.62.507.