FORENSIC SUPPORT OF EVIDENCE COLLECTION BY THE DEFENCE PARTY BY INITIATING THE INTERROGATION OF A WITNESS

Abstract

The scientific article is devoted to clarifying the content of forensic support for the collection of evidence by the defence party by initiating the interrogation of a witness, in particular, its technical and tactical forensic components. The relevance of the topic is stipulated by the need to ensure the equality of the parties in criminal proceedings, which includes the right of the defence to collect evidence on an equal footing with the prosecution side. One of the most important methods of gathering evidence is the interrogation of witnesses initiated by the defence counsel. This procedural action allows identifying and documenting the factual circumstances which may exonerate the suspect or mitigate his/her liability. The article focuses on the complexity and multifaceted nature of forensic support for the collection of evidence, which requires in-depth knowledge not only in the legal sphere, but also in forensic science. The author examines the peculiarities of witness interrogation from the forensic point of view at the initiative of the defence counsel and emphasises the importance of recording the obtained factual data in accordance with generally accepted forensic recommendations. At the same time, it is noted that in practice, defence counsels do not always pay due attention to the technical and tactical forensic support of interrogations initiated by them. The article also examines the activities of subjects of the defence party in developing and using technical means and methods of their application, as well as creating favourable conditions for obtaining statements. The author substantiates that technical and tactical forensic support includes the stages of searching for potential witnesses, taking explanations, filing a request for interrogation, appealing against the refusal to interrogate, and direct participation of a defence counsel during the interrogation of a witness. The study is based on a survey of investigators, inquirers and attorneys-at-law, which allowed to identify practical aspects of implementation of technical and tactical forensic support. The article analyses the problems and offers recommendations for improving the defence practice during the examination of witnesses, in particular, the author emphasises the importance of motivation of requests and assessment of the risks of the authorised prosecution side failure to satisfy such requests. The author comes to the conclusion that technical and tactical forensic support of evidence collection by the defence party by initiating interrogation of a witness is an integral part of an effective defence aimed at ensuring the rights and legitimate interests of a suspect.