Tactics for checking readings on site

New edition of Art. 194 Code of Criminal Procedure of the Russian Federation

1. In order to establish new circumstances relevant to the criminal case, testimony previously given by the suspect or accused, as well as the victim or witness, can be checked or clarified at the site associated with the event under investigation.

2. Verification of testimony on the spot consists in the fact that the previously interrogated person reproduces on the spot the situation and circumstances of the event under investigation, points to objects, documents, traces that are important for the criminal case, and demonstrates certain actions. Any outside interference in the inspection process and leading questions are unacceptable.

3. Simultaneous on-site verification of the testimony of several persons is not allowed.

4. Verification of testimony begins with an invitation to the person to indicate the place where his testimony will be checked. The person whose testimony is being checked may be asked questions after a free story and demonstration of actions.

The concept of checking readings on site, its essence and tasks

Verification of testimony on the spot is an investigative action consisting of a voluntary demonstration by a previously interrogated person of a place and objects associated with the event under investigation, giving explanations at this place, and simultaneous comparison of these explanations with the material situation of this place, indicating objects and traces significant for the investigation , demonstration of certain actions.

As follows from the content of Article 194 of the Code of Criminal Procedure of the Russian Federation, the essence of the PPM lies in the fact that a previously interrogated participant in the process - a suspect, accused, victim or witness - reproduces in a specific place the situation and circumstances of the event under investigation, points to objects, documents and traces that are important for criminal case, demonstrates certain actions.

Part 1 of Article 194 of the Code of Criminal Procedure of the Russian Federation defines the purpose of the PPM - the establishment of new circumstances relevant to the criminal case, and also states that the testimony given by the participants in the process previously listed above can not only be verified, but also clarified.

The article highlights important procedural requirements, violation of which may lead to the recognition of the generated evidence as inadmissible:

The person whose testimony is to be verified must be interrogated in advance;
Any outside interference in the course of the inspection and leading questions are unacceptable;
Simultaneous on-site verification of the testimony of several persons is not allowed;
Verification of testimony begins with an invitation to the person to indicate the place where his testimony will be checked;
The person whose testimony is being checked may be asked questions after a free story and demonstration of actions.

Typical investigative situations that can be optimally resolved by conducting an emergency response include:

during the interrogation, the participant in the process pointed to the scene of the incident, spoke about the route to it, but the testimony revealed or suggested inaccuracies, gaps and contradictions that need to be eliminated;
there are contradictions in the testimony of two or more interrogated persons regarding the above circumstances;
in the testimony of the interrogated (interrogated) there is information about the location of weapons, traces of a crime, and other objects that may become material evidence in the case;
Based on the results of interrogations and other investigative actions, signs of self-incrimination on the part of the suspect, accused, or deliberately giving false testimony by participants in the process are observed.

Who can get it

As we have already found out, a personal guarantee is issued in order to correct a citizen who may be a criminal. In order for the latter to count on the application of such a punishment to him, the court or investigator analyzes his occupation, the presence of a family and children, his state of health and other circumstances in order to make a conclusion about the possibility of using such a preventive measure against him.

Much depends on the severity of the crime of which the person is accused or suspected, as well as whether he has a criminal record. All this shows how dangerous he can be to society.

What measures can be replaced with a personal guarantee?

Usually, a personal guarantee under the Code of Criminal Procedure of the Russian Federation is replaced by another, more stringent, preventive measure. For example, if a citizen is held in prison, he can be released from there if another person vouches for him. The same will happen if he is under house arrest.

If a person has already been given a mild preventive measure (bail, recognizance not to leave the place), then it will no longer be possible to replace it with another one.

Stages and stages of checking readings on site

Like other investigative actions, checking testimony on the spot can be structurally divided into stages, including stages. We are talking about three interconnected stages: preparatory, working and final.

Preparatory stage . Consists of three stages.

1) Interrogation stage. According to the requirements of Part 1 of Art. 194 of the Code of Criminal Procedure of the Russian Federation, a suspect, accused, witness or victim must be preliminarily interrogated. The investigator, taking into account the possibility of checking testimony on the spot, as part of the initial or additional interrogation, clarifies from the person, including: a) awareness of the scene of the incident, the route to it, important objects and events on this route, at the place itself and etc.; b) the question of the consent or disagreement of the interrogated person to voluntarily take part in checking the testimony on the spot. Based on the information received, the goals and objectives of the investigative action are determined as the basis for its planning.

2) Planning stage. The plan provides for all organizational measures and the procedure for conducting investigative actions. It is recommended to have a detailed written plan.

3) Stage of implementation of other elements of preparation: study of the materials of the criminal case; determining the time of the event; invitation of participating persons; preparation of technical and forensic tools, auxiliary tools; studying the personality of the interrogated and preparing clarifying questions; preliminary visit of the investigator to the place of inspection; providing participants with transportation, etc.

Working stage . It can also be divided into three stages: 1) movement to the starting point (IP); 2) movement through strong points (OP); 3) movement to the final point (CP) and completion of the check.

Briefly the content of the working stage can be presented as follows:

1) gathering and briefing participants in the investigative action in a “neutral” place, for example, in the investigator’s office. The investigator explains to them the purpose and objectives of checking testimony on the spot, and the procedure for conducting it. Each participant is explained the rights and responsibilities. The person whose testimony is being verified should be explained that his participation is his right and not his obligation.

2) movement to the starting point (the route is determined by the investigator);

3) gathering of participants at the IP (determined by the investigator). This point may be: a gathering place for accomplices in a crime, waiting for a victim, the beginning of criminal actions, or another place from where the person whose testimony is being verified is given independence in choosing the direction and nature of further movement;

4) giving explanations by the person being checked;

5) the movement of participants behind him to the first “strong point” (OP) (determined by the investigator). Here and further, the investigator needs to ensure the independence of the person being checked, which should be obvious to all participants and noticeable within the audio-video recording;

6) explanations and performance of various actions by the person being inspected at the first OP. Along the way and at control points, the person being checked gives explanations regarding the route he has indicated and its connection with the event under investigation (for example, he points to the place and clarifies that here he prepared the crime weapon, met with an accomplice, etc.).

7) movement of all participants in the investigative action behind the person being inspected to the second and subsequent OP. It is desirable that the participants of the PPM move in the same sequence in which the event under study occurred. This route will allow you to trace the logical connections between the actions of the person being inspected and other persons, and better understand all the important circumstances.

explanations and performance of certain actions at the second and subsequent OP.

9) movement of participants behind the person being checked to the final point of movement (CP), which may be the last OP.

10) explanations and performance of certain actions at the control point and completion of verification of readings on the spot.

The final stage briefly includes the following elements:

drawing up a protocol for checking evidence on site;
drawing up a site plan for checking readings on site, a traffic route diagram, etc.;
procedural registration and packaging of discovered objects and substances - future material evidence;
completion of photo and video filming, presentation of it to the participating persons, viewing, invitation to make comments and a note about viewing;
assessment of the results of checking evidence on the spot, eliminating possible shortcomings and investigative errors.

What actions are performed by the investigator?

It is he who decides whether an inspection is necessary. Additionally, they perform the following actions:

this procedure is fully organized;
specialists involved in video filming are hired;
witnesses are selected;
information is provided to all participants in the process about what the goals of the inspection are, what stages will be implemented, as well as what rights and responsibilities all participants have;
Witnesses and victims are warned that if they give false testimony, they will face criminal liability, and this also applies to refusal to testify.

It is the investigator who draws up the protocol, the main purpose of which is to record the results of the experiment.

Tactical techniques for preparing and conducting on-site verification of testimony

When conducting an inspection, the following elements and tactics are used: the investigator gathers the participants in the investigative action at the starting point (IP), describes the procedure and conditions for checking evidence on the spot, explains to everyone the rights and responsibilities; the person being inspected is asked to tell about the direction and nature of the upcoming route, about the objects , which should be on it, their location and features; the investigator records these explanations in a work notebook and/or mobile device (laptop, tablet, communicator, voice recorder); a specialist takes photos and videos; participants checking testimony on the spot follow the person being checked to the first reference point. Hints and leading questions are unacceptable, so the person being tested should, if possible, always move slightly ahead of other participants, choosing and indicating the route. This rule, however, should not contradict the requirements of safety, preventing the possible escape of the arrested person, if it is his testimony that is being checked; along the route, the person being inspected gives explanations about the route, the nature of the objects encountered, other circumstances, and can point to them using a diagram or map prepared by the investigator. In parallel, search and experimental activities can be carried out. The investigator continues to record the received data about objects, objects and details of the situation pointed out by the person being checked, as well as about his actions; asks clarifying questions, identifies possible contradictions with previously given testimony and explanations, gives instructions regarding photo and video shooting.

Despite the fact that the person being checked must act independently throughout the entire verification of testimony on the spot, and all participants move along the route indicated by him, the general direction of checking the testimony on the spot must be carried out by the investigator. He needs to closely monitor the progress of the investigative action, the explanations, actions and behavior of the person being inspected and all those involved, and send signals to the specialist to record the necessary objects through photography and video recording. It is necessary to immediately identify and note in the working notes contradictions between the actions, explanations of the person being inspected and previously given testimony, testimony of other interrogated people, since here or later it will be necessary to ask clarifying questions.

In cases where, during the working stage of checking indications on site, it becomes necessary to demonstrate individual actions, mannequins, mock-ups, etc. can be used for greater clarity.

It is important to note that the subject's repeated perception of the scene of the incident can have a strong impact on his psyche. This is especially important to consider in relation to a person allegedly committing self-incrimination or giving knowingly false testimony. The newly perceived situation may lead him to the conviction that the testimony he had given earlier is contradictory, and that it is obvious to all those present that it is unreliable. In this situation, the person being tested may feel the need to tell the truth. The investigator must take into account the likelihood of such a situation and be ready to ask the necessary questions, point out contradictions and, using appropriate tactics, help the person give truthful explanations to the protocol and then testify during the interrogation. Thus, conducting on-site verification of testimony is an effective means of exposing self-incrimination and other false testimony.

Common tactics for checking evidence on site should be highlighted:

initiation by the investigator of preliminary explanations of the person being inspected before his practical actions at the starting, reference and final points (obtaining evidence “preemptively”), that is, in conditions that exclude observation of what he is talking about;
a combination of the person being tested’s story with his own performance of demonstrative, exploratory and experimental actions, as well as actions to recognize individual objects and traces;
observation of the person being checked and analysis of his behavior in order to ask him additional, clarifying questions, identify and use contradictions, adjust the entire plan for checking testimony on the spot;
comparison of the testimony of the person being checked, given by him at the initial and support points, with the material situation of the corresponding places;
reconstruction of the circumstances of the event under investigation using models of the victim, instruments and objects of the crime, flags, tags, pictures, numbers and other designations to clearly demonstrate the situation and circumstances of the events.

As part of the verification of evidence on the spot, the investigator can raise and resolve a number of other (optional for this investigative action) questions, in particular: establish the causes and conditions that contributed to the commission of the crime; detect material traces, tools, objects and consequences of a criminal attack; identify data of third parties related to the events under investigation, etc.

How to get a personal guarantor

The legislation of the Russian Federation does not explain whether there are any specific grounds for using this measure. They are common to all preventive measures:

if there are suspicions that a citizen may abscond from justice;
in order to prevent his further criminal activities;
in order to eliminate the possibility of him opposing the investigation.

also necessary to take into account the person’s personality, his criminal record and work history . If he has a family or small children, these will be considered mitigating circumstances.

Conditions for electing a surety

In order for this preventive measure to be used against a suspect, the guarantor should contact the investigative authorities or the court with a sample request for a personal guarantee.

Lawyers for citizens, as well as their representatives, can come up with a similar initiative if they themselves are not involved in the proceedings or are legal entities.

The court or investigator considers the application taking into account all factors, and then makes a decision: accept or reject it. If the answer is positive, the guarantors are explained their obligations to fulfill the guarantee, the conditions for its application and the entire procedure.

Then a decision is made on the choice of this particular measure, which must necessarily include the reasons for its use.

Each of the guarantors, if there are several of them, is required to submit a signature. We will describe below how to draw up a sample personal guarantee in a criminal case.

Sample petition for the election of personal guarantee as a preventive measure

to whom _________________________ _________________________ _________________________ from _________________________ _________________________ _________________________

Petition for the election of personal guarantee as a preventive measure

In accordance with Art. 103 of the Code of Criminal Procedure of the Russian Federation, I ask (request) to choose personal guarantee as a preventive measure for ______________. I guarantee (we guarantee) that ____________________ will appear at the appointed time when summoned by the inquiry officer (investigator or court). Consent ________________________ received.

______________ / _______________

"___" _____________ 20__

Can a surety be refused: reasons for challenge

A personal guarantee can be refused under the Code of Criminal Procedure of the Russian Federation only due to significant circumstances. These may include various reasons, but they are considered by the official on an individual basis.

The most common reasons for recall are:

decreased level of trust in the accused;
deterioration of the relationship between the defendant and the guarantor;
impossibility of ensuring the orders of the Investigative Committee or the court.

If the guarantor refuses his obligations, the accused is placed in custody.⁠