TACTICAL PECULIARITIES OF THE VICTIM’S INTERROGATION IN THE INVESTIGATION OF FRAUD RELATED TO THE ACTIVITIES OF THE CREDIT UNION
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 2, Issue
Abstract
The article is dedicated to examination of the features of tactical peculiarities of the victim’s questioning in criminal proceedings related to the fraud in the area of activity of the credit union. Given the procedural status and psychological characteristics of the questioned persons and the terms of their perception of the criminal event by them, the recommendations on the subject of examination are presented. It is claimed that the questioning of the victim can be seen as a means to obtain evidence and the verification of the already obtained ones. The process of the victim’s questioning from a theoretical point of view is divided into preparatory work and final stages. Much attention is paid to the preliminary stage of examination. The questions related to the peculiarities of establishing communication contact with the person being questioned and the preparing of a list of questions to ask during the interrogation to establish the circumstances of the crime are observed. This type of crimes is peculiar with leaving the documentary traces. That is why the attention to the need for preliminary preparation of documents for their further presentation during the questioning of the victim is paid. The attention is also drawn to the need to study specific issues of the credit union, and the ability to attract the necessary specialists for the questioning. The working process of interrogation of the victim is characterized mainly with lack of conflict situations. This is due to the fact that the goals of the investigator and the victim are the same. Two tactical combinations that can be used during the interrogation are proposed. One of them is related to the presenting of the documents and the other is without the documents. The second tactical maneuvering is typical for the initial questioning of the victim and one of the areas of investigation is linked to the detailed location of ascertaining documents, which contain information on the fraud committing. The content of the interrogation is primarily determined by taking into account the provisions of Article 91 of the Criminal Procedure Code of Ukraine «On circumstances to be proven in criminal proceedings». As a result of the interrogation of the victim, the main directions of the information obtained during the questioning are outlined: 1) identification of the persons who may be questioned; 2) determination of the possible locations of documents; 3) determination of the approximate amount of damages; 4) determination of the persons who may be involved in the fraud committing.
Authors and Affiliations
О. В. Ковальчук
Keywords
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