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Науково-практична Інтернет-конференція 06.12.2018 - СЕКЦІЯ №5
During the pre-trial investigation of criminal offenses in the field of trafficking in human beings a very important place is devoted to interrogation of people who appear in the criminal proceedings, in particular, such group of people as suspects. In order to outline the particular features of the questioning of suspects, we must determine what we mean by this concept. 
I support the position that the interrogation is an investigative action in which the investigator receives from a person possessing information relevant to the criminal case (suspect), verbal information about the circumstances of the crime event and other facts of importance for the establishment objective truth and ensuring the correct application of the law [1].
The interrogation is stipulated in art. 224 Criminal Procedural Code of Ukraine. According to art. 42 Criminal Procedural Code of Ukraine suspect is a person detained on suspicion of a criminal offence or a person for whom a suspicious alert has been made, but was not served on him as a result of not identifying a person’s location, but steps have been taken to serve it in a way provided by the Criminal Procedural Code of Ukraine for the delivery of communications. The suspect is interrogated immediately after the detention and if it is impossible to immediately interrogate – not later than 24 hours after the arrest [2].
The testimony of a suspect is an important evidentiary basis in criminal proceedings. First, in order to stimulate the interrogator in order to give true testimony, the investigator needs to establish a psychological contact with him. Equally important is the clarification by the investigator about the meaning of the sincere acknowledgment of his guilt to the suspect at the time of sentencing, other circumstances mitigation the guilty provided for in art. 66 of the Criminal Code of Ukraine. The investigator must also demonstrate to the suspect evidence against him and outline his prospects in court proceedings. The most effective way will be for those who are being prosecuted for the first time, since the already convicted people have established a constant anti-social orientation.
During the interrogation of the suspect at the time of the investigation of criminal offenses in the field of human trafficking, the following 3 types of situations are possible:
– the suspect gives true testimony (so-called non-conflict situation);
– evidence contains contradictions;
– he refuses to give testimony or gives knowingly false testimony (so-called acute conflict situation).
Depending on the situation that has arisen, the investigator must adjust the tactics of interrogation. So, on the first case, the investigator should maximally detail all the testimony given by the suspect to support them with other evidence. The most truthful evidence will be immediately after the detention, because due to nervous tension and lack of time, the suspect has not yet had time to think of a system of protection [3, p. 127]. At this moment they outline all the circumstances: partners in a crime; amounts received as a result of trafficking of people; motives for committing a crime. At a later step of the investigation suspects begin to completely deny their guilt to avoid criminal liability. 
In the second situation the suspects hide the aggravating circumstances of trafficking, which increase criminal liability and entail a more severe punishment. These may include: committing a crime by an organized group of people; concerning a minor, several people; recurrently; with using of the official position; against the person from whom the victim was materially or otherwise dependent. As more suspects will report false information, the easier it will be exposed, because it is impossible to think up the fictional facts to small details and save them in memory [3, p. 127]. Typically, the reasons for giving contradictory evidence are such as:
– distrust of law enforcement and justice;
– fear of rendering more severe punishment;
– an agreement with other accomplices about the pre-selected method of protection;
  – unwillingness to expose other accomplices.
Finally, the third situation, which is the most complicated. It is conditioned by an anti-social position and the commission of a crime repeatedly. False testimony given by the suspect, such as: names people who can confirm his alibi; names his locations at the time of the crime; exposes other accomplices of the crime, usually become a starting point for the investigator who either refuses or confirms this information [3, p. 127]. Such a situation may arise in the following cases:
– distrust of the investigator conducting  the interrogation;
– hope to obtain a miler punishment or to avoid it;
– confidence in his innocence.
Consequently, the need to obtain evidence from a suspect during the investigation of criminal offences in the field of human trafficking is specific because it is a person who is interested in certain results of the case and uses the testimony as an opportunity to use his right on protection. The questioning of suspects guilty of trafficking in human being has its own peculiarities, because in most cases these crimes are committed by a group of people. Therefore, it is first necessary to interrogate people with less strong volitional qualities or those who played a minor role in the committing of a crime. Such individuals are usually more inclined to give true testimony.

References:
1. The criminal process of Ukraine. Special part. URL: http://pidruchniki.com/1384102856146/ pro/avo/.dopit
2. Criminal Procedural Code of Ukraine: current legislation with amendments and supplements as of 1 September. 2017: (OFFICIAL TEXT). Kyiv: PALIVODA A.V., 2017. 372 p. (Codes of Ukraine)
3. Vasiliev A.N., Karyeva L.M. Tactics of interrogation during investigation crimes. Moscow: Law Lit., 1970. 208 p. 
 
 

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