Psychology of relationships during interrogation

Interrogation is a specific form of communication regulated by law, which can proceed in the form of cooperation or confrontation and psychological struggle.

Communication during interrogation is manifested in interaction, in which, in addition to the interrogated person, other persons (defender, expert, specialist, translator, teacher, etc.) may also participate. At the same time, as in any other form of communication, there is an exchange of information, mutual influence, mutual assessment, the formation of moral positions, beliefs. However, the leading role in this interaction belongs to the person conducting the interrogation. The investigator, in strict accordance with the criminal procedure law, determines the procedure for conducting an investigative action, corrects the actions of other persons and the degree of their participation, and ensures the most effective form of obtaining information from the interrogated person. Moreover, in an effort to obtain the fullest possible testimony from the interrogated, the investigator, for tactical reasons, hides his knowledge for the time being and reports only the information that he considers appropriate to use at this stage of the interrogation.

Psychological contact

Of particular importance in ensuring the success of the interrogation is its communicative side, that is, the general psychological atmosphere of the investigative action favorable for communication, the presence of psychological contact. Psychological contact is such a level of relationship during interrogation at which the persons participating in it are ready (able and willing) to perceive information coming from each other. Establishing psychological contact is the creation of a favorable psychological atmosphere of an investigative action, in which the interrogated person is internally, psychologically disposed to participate in a dialogue, listen to the interrogator, perceive his arguments, arguments and evidence, even in a conflict situation, when he intends to hide the truth, give false testimony, prevent investigator to establish the truth. Psychological contact is favored by the sociability of the investigator, t. his ability to win over people, the ability, taking into account the individual characteristics of the person being interrogated (age, character, interests, mental state, attitude to business, etc.), to find the right tone in communication, to arouse interest in giving truthful testimony. When establishing psychological contact great importance have the goodwill, correctness of the investigator, his objectivity, impartiality, willingness to carefully listen to the interrogated, the ability to relieve tension in communication.

Mental impact It is used in a situation of confrontation, psychological struggle, when the interrogated person is silent, hides the circumstances known to him, gives false testimony, and opposes the investigation. The essence of mental influence is the use of techniques that provide the most effective form of reporting evidence and aimed at changing the course mental processes, the subjective position of the interrogated, convincing him of the need to give truthful testimony, to help the investigation in establishing the truth.

Mental impact is carried out within the framework outlined by the criminal procedure law. By general rule it is impossible to solicit testimony by violence, threats, blackmail and other illegal actions (part 4 of article 164 of the Code of Criminal Procedure of the Russian Federation and article 302 of the Criminal Code of the Russian Federation). Techniques based on deceit, false information, use of base motives of the interrogated are unacceptable. Of particular importance in the process of interrogation is persuasion method. Its essence lies in the impact on the consciousness of the individual through an appeal to her own critical judgment. Preliminary selection, the logical ordering of the available facts and arguments, their presentation in an effective emotional form and a tactically determined sequence - all this, in essence, predetermines the success of mental influence.

When exercising mental influence, the investigator inevitably uses reflection, reflexive reasoning, in which, taking into account the intellectual, emotional, volitional qualities, mental properties and states of the interrogated person, he anticipates the course of his thought processes, final conclusions and decisions made in connection with the upcoming interrogation and those evidence that, in the opinion of the interrogated person, can be used by the investigator. Imitating, reproducing the reasoning of the interrogated, his conclusions and the possible line of conduct during the interrogation, the investigator chooses the most effective ways handling the available information and evidence. The transfer to the interrogated factual grounds for making a decision that contributes to the disclosure of a crime is called reflective control.

Tactical techniques based on mental influence must meet the requirement of selectivity. It is necessary that they have an appropriate effect only in relation to a person who hides the truth, impedes the establishment of the truth, and be neutral in relation to disinterested persons.

The process of generating indications. The information provided to the interrogated is analyzed not only at the end of the interrogation, but also during its conduct. At the same time, they highlight internal contradictions, various inconsistencies with the previous testimony of the interrogated person and other evidence collected in the case. Of course, the gaps, inaccuracies, and contradictions found in the testimony do not yet indicate the falsity of the reported information. Various distortions in the testimony are also possible for quite conscientious persons due to the action of various psychological patterns that determine the content of future testimony from the moment of perception of an event to the moment of transferring information about it during interrogation and fixing it in the form established by law.

Obtaining and accumulation of information. Psychological process the formation of information transmitted in the testimony begins with sensations, which, reflecting the individual properties of objects and phenomena of the surrounding world, participate in their cumulative action in creating a holistic image of things and events. Such a holistic reflection, called perception, is not reduced to the sum of individual sensations, but is a qualitative new stage sensory knowledge. Perception is characterized primarily by meaningfulness, the closest connection with thinking, understanding the essence of objects and phenomena. All this ensures the depth and accuracy of the imprinted images and warns against many errors, optical, auditory and other illusions and distortions inherent in the senses. And although the sense organs themselves are capable of responding to external stimuli only within certain limits (a person sees at a limited distance and under certain lighting conditions, hears in a limited range of sound frequencies, distinguishes not all colors of the spectrum, does not capture the entire range of odors), however, fitness sense organs, their interaction expands the boundaries of sensitivity.

For example, educators, coaches, athletes, and others whose activities are associated with the constant need for accurate timing are ahead of others in more correct definition time. Drivers and traffic inspectors, as a rule, can judge the speed of movement with great accuracy. Vehicle, and persons whose activities are connected with the manufacture of paints or the dyeing process, can distinguish such color shades that remain far beyond the perception of persons of other professions.

When conducting an interrogation, one should take into account objective and subjective factors that make it difficult to obtain complete and reliable information about the event under investigation. to objective factors. include external conditions of perception and features of perceived objects: the transience of an event, insufficient or too bright illumination, harsh noise, adverse meteorological conditions (rain, snowfall, strong wind, cold), remoteness of objects, etc. To subjective factors physical defects can be attributed, as well as a decrease in the possibilities of perception by the senses as a result of painful conditions, fatigue, nervous disorders, unrest, intoxication and other causes. Distortions and omissions in perception can also appear as a result of prejudice, sympathy and antipathy, a special attitude of the perceiving person to the participants in the event. In such cases, what is happening is unconsciously perceived from the point of view of a certain attitude, and the actions of certain persons are interpreted depending on the observer's subjective attitude towards them. As a result, part of the perception is muffled. Figuratively speaking, at this time the subject can look and not see, listen and not hear.

In order to avoid mistakes during interrogation and to verify the reliability of the testimony received, in each case it is necessary to carefully ascertain all the conditions of perception, the real basis on which the information reported by the interrogated is based.

Recording and preservation of information. Memorization, like perception, is selective. It depends on the goals, methods, motives of activity, individual characteristics of the subject. The unusual, extraordinary nature of what happened, the need to overcome any obstacles, certain actions with objects and documents, special attention to certain circumstances contribute to involuntary memory, i.e. memorization without special volitional efforts on the part of the observer. Completely and firmly, sometimes for the rest of your life, what is of particular importance is remembered. The desire to understand the observed phenomenon, to comprehend its inner meaning and the motives of the actions of the persons participating in it also favors memorization.

It is possible that the witness (victim), understanding the meaning of what is happening, foreseeing the possibility of future interrogation, may set himself a special goal - to keep in memory the most important moments of the perceived (for example, the number of the car that hit him, the appearance and signs of the criminals, the number, date and other signs of a forged document, etc.). This kind of memory is called arbitrary in a way different.

Preservation of the perceived also depends from time, elapsed since the incident, the predominance of a certain type of memory(motor, figurative, emotional, verbal-logical), individual, in particular age, features and presence of defects. Forgetting often favor new impressions, intense mental work, important events V personal life etc. In this case, there is a danger of mixing and replacing the perceived information with information gleaned from other sources (conversations, rumors, press reports, etc.).

Reproduction and transmission of information during interrogation. Calling a person for interrogation is a kind of impetus for recalling certain circumstances. The subject mentally refers to the events of the past, sorts them out in memory, trying, if he does not know the cause of the call, to determine what specific facts are of interest to the consequence. At this stage of the formation of evidence, as well as during perception, it is possible to unconsciously fill in some of the gaps in the memories with familiar ideas, with what should be in the normal development of the event. This psychological phenomenon called replacing the real with the usual and must be taken into account when evaluating the information obtained during interrogation, as it creates a serious threat to the reliability of testimony.

A witness, especially an eyewitness, and the victim often find it difficult to state fully and in detail all the perceived circumstances during interrogation due to fear of the criminal and fear of revenge on his part. In such cases, one should usually not rush, but gradually, carefully bring the interrogated person to realize the importance of his testimony for exposing the criminal, awaken in him civic feelings, a desire to help the investigation.

Reproduction of evidence during interrogation may be hindered by the excitement caused by an unusual interrogation procedure for the interrogated. Therefore, it is important to provide a favorable psychological atmosphere of interrogation and help the witness (victim) quickly get used to the new situation for him. During interrogation, it must be borne in mind that too desire recalling what has been perceived can make it difficult to reproduce due to the process of inhibition that appears as a result of overwork. In these cases, it is desirable to move on to clarifying other circumstances, to talk on neutral topics. Distraction helps relieve inhibition. And then what needs to be remembered, as if by itself, pops up in memory.

In addition, interrogation immediately after the incident does not always contribute to a more complete reproduction of testimony. During this period, such a mental phenomenon as reminiscence. Its essence lies in the fact that the subject, due to the emotional, intellectual, physical stress formed in the process of perception, is not able to immediately recall all the circumstances of what happened.

It takes some time, usually two or three days or more, for the memory to regain its temporarily lost ability to reproduce.

Possible defects in the perception of information by the investigator. Haste, inattention, bias, passion for one most preferred version can prevent the investigator from correctly understanding, remembering and transmitting in the protocol the information reported during the interrogation. Errors can also result from the lack of competence of the interrogator in some special branches of knowledge (construction, engineering, technology, etc.). Therefore, it is very important that the investigator first familiarize himself with the special literature, departmental documents, and also use the assistance of relevant specialists during interrogation.

Definition 1

interrogation is the most common way to obtain evidence in a case under consideration. This process is psychologically related to individual characteristics interrogated and interrogating persons, with their direct interaction.

Conducting an interrogation obliges the investigator to have a high psychological and professional culture, deep knowledge of the psyche of people, possession of tactical methods of interrogation.

In accordance with the procedural provision, they distinguish:

1. interrogation of witnesses;
2. interrogations of victims;
3. interrogation of the accused;
4. interrogation of suspects;
5. interrogation of the defendants;
6. interrogations of experts.

The most important tasks of the psychology of interrogation are:

• diagnosing the truth of testimony;
• use of legitimate psychological tricks influence to obtain honest testimony;
• methods of disclosing false testimony.

In the psychology of interrogation, there are five main stages:

Preparation stage

At this stage in the psychology of interrogation, theoretical preparations for the process take place. The investigator draws up an extremely complete picture of the interrogated person, draws up the goals of the interrogation, analyzes the existing evidence.

During the interrogation, the establishment of a psychological connection between the investigator and the interrogated person plays a significant role. This is facilitated by the search for the most complete amount of information about the defendant. In the event of a conflict, the main role is played by the psychological preparation of the investigator to smooth the situation.

Interrogation, especially during a conflict, brings tremendous psychological stress and concentration. He calls on the investigator to be emotionally stable, psychologically flexible and able to instantly change tactics, while quickly finding a way out of any situation.

Establishing psychological contact

In the psychology of interrogation, this stage, during the establishment of contact, is of great importance. In psychological contact, the main indicator is trust in each other. It builds an information channel between the investigator and the interrogated.

To get the best result in the psychology of interrogation, apply: Ericksonian methods of hypnosis, methods of Neuro-Linguistic Programming or adjustment. At this stage, the main task is to create subconscious trust.

main stage

During the main stage, psychological interrogation techniques are used. At the same time, the psychology of interrogation of suspects and victims varies greatly. Various methods of psychological influence are used.

In the process, the investigator analyzes the reactions and behavior of the interrogated, and also recognizes their individual inclinations. The main task during this stage of interrogation is to recognize the distortion of information. It may be intentional or unintentional.

Completion

During this stage of the interrogation, the basis for the following meetings is formed. Psychological techniques for obtaining information from the interrogated involve the creation of a favorable environment for the next interrogation. Thus, the end of the meeting in a friendly manner makes it possible to quickly establish and strengthen psychological contact for re-taking evidence.

“The moment you transgressed in thought, you have already signed your own sentence. Thoughtcrime cannot be hidden forever. You can dodge for a while, and even for more than one year, but sooner or later they will get to you.

George Orwell

Millions of words have been said about activist security and communication with authorities, hundreds of brochures, practical advice, rules and memos on effective communication with “law enforcement” agencies have been written, dozens of seminars and trainings on this topic have been held. But experience shows that this is not enough in practice. There are several reasons for this:

1. Most of the participants in the movement do not take all these instructions seriously, believing that they are not doing anything that could lead to serious consequences, they perceive activism as a form of harmless youthful protest, they hope that this will definitely not affect them (according to principle "Death is what happens to others").

2. Theory is always at odds with practice. No matter how much you read legal advice, during interrogation, all this flies out of my head, and legal knowledge gives way to fear.

Regarding the first reason, we can say that it is better to avoid such people altogether, and even more so not to involve them in any activity, because it is not uncommon for people who did not seem to be doing anything illegal to pull out information about other participants in the movement, small facts that gave clues to the investigation in which direction to look. People who want to do something collectively, and at the same time do not care about collective security, are unworthy of being a member of such a collective.

The second reason seems to us much more complex and multifaceted. There are cases when the most “legal-conscious” failed at the very first interrogation, and when a person who did not know his rights at all left the FSB office with dignity. Naturally, our experience is our weapon in the subsequent struggle. However, you need to be able to learn from the mistakes of others, not just your own.

However, the experience of the Belarusian autumn of 2010 suggested that there is another, perhaps the most important reason for failures in interrogations: psychological. It turned out that the interrogation was not at all a fight between two “lawyers”, not an exam on the topic “Rights and duties of a suspect”, but a struggle of two characters, the actions of an experienced psychologist to trample on the subtle psyche of activists. In other words, it is a kind of torture.

Torture means any act by which severe pain or suffering, physical or mental, is intentionally inflicted on a person in order to obtain information or a confession from him or a third person, to punish him for an act that he or a third person has committed or is suspected of having committed. , as well as a reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation or with the knowledge or tacit consent of a public official or other person acting in an official capacity.

This is how this publication appeared, in an attempt to describe another, opposite legal, determining side of the proceedings. Since it is impossible to resist the enemy without knowing his tactics, we decided to study the literature intended for investigators and select the most important, in our opinion, points that explain how investigators extract the information they need from us, force us to confess, force us to testify against our comrades. It will be a little strange for you to read advice to investigators on applying psychological pressure, but then you will quickly learn the methods and techniques that have been used on you or your friends.

There are no ready-made recipes in the book on how to resist these techniques, but their knowledge will help you clearly define the purpose of the question, quickly orient yourself and make right choice in your favor. This helps in the same way that knowing the extra questions on an exam helps relieve stress before answering.

At the same time, we do not claim that the psychological aspect of communication with the authorities is more important than the legal one, therefore, this brochure can be considered a consistent continuation of the manual for an activist (legal and practical advice when communicating with the police), which can be downloaded from the link: http://avtonom.org/files /broshura_provedenie_nesankz_akzii.pdf

CHAPTER 1. PSYCHOLOGICAL FEATURES OF INVESTIGATIVE ACTIONS

This chapter presents selections from manuals for investigators. Don't be confused by such words as "guilty", "criminal" and the language of the chapter as a whole. In our world, the bastards who torture and kill people, extort bribes and trade in robberies call themselves the defenders of law and order. At the same time, they call us, who resist lawlessness and create a free society, hooligans, terrorists and criminals.

Having embarked on the path of fighting the repressive machine, we must realize that we are right and understand that we are doing a good job.

May your spirit remain unshakable, and may faith in victory warm you on cold nights.

Mental states of the suspect and the accused, features of their behavior during the preliminary investigation

In an effort to evade responsibility and hide his participation in the crime, the perpetrator tries to hide from others and related experiences. He protects his memories from external manifestation and thereby constantly revives them, and, suppressing experiences, sharpens them even more. In the end, the tendency to hide his feelings and thoughts introduces the strongest disorganization into his mental processes. In particular, the suspect has a frequent change of states, accompanied either by the appearance of self-confidence, the desire for active opposition, underestimation of the possibilities of the investigation, self-confidence, or, on the contrary, the appearance of a depressed, depressive state, confusion, lack of will. Unlike the suspect, the accused most often has more information about the state of affairs, about the content of the evidence available to the investigation. However, during the preliminary investigation, the suspect and the accused have many similar psychological states, motives, motives, and hence the peculiarities of behavior. Mental states, motives for actions, personal qualities of interrogated persons determine their behavior during the preliminary investigation and thereby determine psychological approach to them, the selection of the most effective, tactical and psychological methods. During interrogation, the accused may experience a wide variety of feelings. The one who committed the crime is afraid of exposure and, of course, punishment. This usually has a depressing effect on the psyche, can significantly suppress the will of the interrogated person, reduce the ability to correctly assess the circumstances, worsen self-control, and lead the accused into a depressed, depressed state. Fear usually arises in a person who has committed a crime, long before bringing him to criminal responsibility. Such psychological states make it difficult to establish psychological contact with the interrogated, reduce the effectiveness of interrogation tactics. During interrogation, the accused may be in a state of mental shock, shame, fearing that relatives and friends, friends, colleagues, neighbors will find out about what happened. Moral assessments and judgments of others are not indifferent even for people with well-established antisocial views. The unwillingness of publicity is a very strong motive that largely determines the behavior of the accused.

For individual defendants, the fear of losing the social, official and financial position they have achieved is typical. Therefore, during interrogation, such an accused most often evades giving truthful testimony. Here, the investigator, in order to overcome the specified psychological state of the accused, must convince him of the possibility of honest and conscientious work to restore his social position, to become full member society.

A strong psychological state that forms the motives of the behavior of the accused is the fear of imprisonment, the usual way of life, being among criminals. Such a feeling, especially inherent in first-time offenders and brought to justice, usually leads them into a state of deep depression. In such a situation, the accused believes that it is possible to avoid detention, arrest, detention, a sentence involving deprivation of liberty only by denying his guilt, giving false testimony, he develops an appropriate psychological state, a position is formed that the investigator needs to overcome. This requires convincing the accused that proving guilt depends little on his confession, and to a decisive extent on the totality of evidence. Here it is required to explain to the accused that sincere repentance, as well as active contribution to the disclosure of a crime, is a circumstance for the court mitigating responsibility. Practice shows that in crimes committed by a group, the accused has a different attitude towards accomplices. If he owes a lot to someone, he tries to hide the involvement in the crime of this person, hoping for his help and support. Much more often, the system of psychological relations in a criminal group is built on submission to force, fear, other base motives and instincts. Therefore, in the process of investigation, when the members of the criminal group are isolated from each other, the relationships built on this basis fall apart. The accused grows hostile towards the persons who drew him into the criminal group, through whose fault he was brought to criminal responsibility. The investigator uses a similar psychological state of the accused, reveals to him the system of relations that existed in the criminal group, shows what the false sense of camaraderie among criminals is built on, uses this knowledge to select the most effective interrogation tactics. For the accused during the preliminary investigation, the psychological state of anxiety, uncertainty, the impossibility of correctly foreseeing the current situation and managing it is very characteristic. Often the suspect does not know what evidence the investigator has, what measure of restraint can be chosen, what investigative actions, including those of a coercive nature, will be carried out, etc. Such a psychological state is the basis for the development and application of tactical and psychological techniques. Human behavior is largely determined by the impact on him of the dominant - the dominant this moment a focus of excitation in the cerebral cortex, which has an increased sensitivity to irritation and is capable of exerting an inhibitory effect on the work of others nerve centers. Often the dominant affects the offender. Experiencing feelings of anxiety, regret, fear, remorse, etc., the offender mentally repeatedly returns to the event of the crime, ponders possible adverse consequences. This process leads to an even greater intensification of experiences, to the constant reinforcement of the focus of excitation - the dominant. It is noticed that the more serious the crime, the brighter the changes in the behavior of the offender.

However, the significance of the dominant does not end there. It has long been noticed that a person who has committed a serious crime experiences severe psychological stress. The desire to hide involvement in a crime, the need to disguise themselves in order to look calm, lead to increased inhibition in the cells of the cerebral cortex. After that, the excitation process begins to predominate. It becomes more and more stable, and then permanent. Undoubtedly, the offender has a keen desire to reduce tension, to relieve himself of the burden of the mystery of the crime, to consult what to do next, what course of action to choose, just to speak out at least to an outsider. The identification of such conditions, the "maintenance" of these processes during interrogation, conducted in a strict framework of legal and ethical standards, contribute to obtaining truthful testimony, the speedy disclosure of crimes. In a difficult situation, the investigator needs to know all the main social roles that the interrogated person played in life, and learn how to direct the interrogated person to take such a role position that would best suit the situation of this interrogation. Investigating the identity of the interrogated, the investigator must plan an appeal to her best sides, i.e., to the socially positive role positions of this person. For example, studying the identity of the accused, the investigator found that the young man was fond of radio engineering. Being himself a passionate lover of radio engineering, the investigator achieved complete psychological contact by talking with the interrogated person on any topic.

Psychological features conducting a search

The search is in relation to the searched coercive. A search conducted in the absence of the accused allows, during subsequent interrogations, to use his ignorance of the results of the search. A search carried out in the presence of the accused makes it possible to use observation of his behavior to increase the effectiveness of this investigative action. Consider the issues of psychological observation of the behavior of the searched. There is every reason to believe that the accused, who has criminal experience, possesses such strong-willed qualities as determination, endurance, courage, often behaves more confidently during a search, is able to restrain his excitement, demonstrate indifference even at the most “critical” stages of the search. Forensic and forensic psychological observations show that it is more difficult for women and minors to hide their excitement. Obviously, these circumstances, including an assessment of other psychological qualities and conditions, must be taken into account when deciding in whose presence the search will be conducted. Thus, during the search, it is necessary to constantly monitor the accused and members of his family. For those being searched, a search is the strongest irritant, bringing them into a state of considerable emotional tension; it is very difficult to hide this tension. As you know, there are involuntary and arbitrary human reactions to stimuli. Involuntary reactions are largely not regulated and not controlled by volitional efforts and can be expressed in blanching or redness of the skin, trembling hands, increased sweating, changes in the timbre of the voice, and impaired coordination of movements. Observation of these signs can, to a certain extent, orient the searcher towards the place of shelter. Arbitrary psychophysiological reactions also testify to the emotional tension of the searched and are expressed in facial expressions and gestures that speak of excitement, in the absence of sequence and logic of actions and words, frequent swallowing movements, etc. "critical points". This method in forensic science and practice is called "verbal intelligence". Its essence is that the investigator (or an employee of the body of inquiry) asks the searched person about the location of the premises, the purpose of certain objects, the belonging of certain things, etc., and at the same time observes his condition, psychophysiological reactions. At the same time, a new additional stimulus comes into play - a verbal one, which further enhances the processes of emotional arousal of the searched person and complicates the ability to control one's own behavior and reaction. In the forensic literature, there are recommendations regarding the conduct of a repeated and even repeated search of the same person, if the first did not give positive results. The effectiveness of repeated searches is psychologically quite understandable. Often, the accused, who did not find anything during the first search, calms down, returns temporarily hidden valuables obtained by criminal means to his home. The phenomenon of addiction to danger arises in cases where objects of criminal purpose or obtained as a result of an offense are with the accused for a more or less long time. Initially, the criminal seeks to securely hide them, equips special caches, takes care of the masking features. However, after a certain time, especially if it is necessary to periodically use the hidden to check its integrity, the criminal gradually ceases to shelter, hide, loses caution. In such cases, weapons, instruments of crime, valuables remain outside the caches, in plain sight.

interrogation

Interrogation at the preliminary investigation is a complex of cognitive and verifying operations provided for by law, performed by the investigator (the person conducting the inquiry, the prosecutor, the head of the investigative department) in the criminal case being processed by him, in order to obtain and consolidate testimony about the circumstances relevant to the case. The essence of the interrogation is that in the course of carrying out inquiries, the investigator encourages a person who may be aware of the circumstances directly or indirectly related to the event under investigation to testify about them, listens to the reported information and records it in the manner prescribed by law in order to could be used as evidence in a criminal case. The purpose of the interrogation is to obtain information on the basis of which the investigator:

1) establishes the presence or absence of circumstances subject to proof in a criminal case;

2) establishes the sources from which information related to the event under investigation can be obtained;

3) verify the authenticity of the evidence available in the case.

In preparation for the interrogation, the investigator must do the following:

- carefully study the materials of the criminal case and, on the basis of the information received, determine or clarify the procedural position of the person;

- to determine the subject of the testimony of the person called for interrogation;

- to study socio-demographic data, psychological, psycho-physiological qualities and the state of the person called for interrogation.

Of course, it is difficult to foresee in advance what kind of qualities and states of a person will be required during interrogation, however, in any case, it is desirable to have an idea about such personality traits of the person being interrogated as gender, age, education, profession, interests, level of culture and legal awareness, views, psychological qualities (character, temperament, will, emotional traits), possible psychological states at the time of interrogation - confusion, depression, fear, self-confidence, etc.).

If several accused (suspects) are to be interrogated in a case, then it is first necessary to study the system of relationships that have developed in a group of persons who have committed a crime in order to determine the sequence of their interrogations, taking into account the nature of their relationship. To obtain complete and reliable testimony, the main tactics in the production of interrogations are the methods of establishing psychological contact with the interrogated person, neutralizing his negative position and exerting mental influence on him in order to obtain complete and reliable testimony. The study of the personality of the interrogated person helps to determine the features that the process of forming testimony acquires from him, to suggest what his line of conduct during interrogation will be and to develop the necessary interrogation tactics using certain psychological techniques. From a tactical point of view, the interrogation can be divided into the following stages: preparatory (introductory), free story of the interrogated and his answers to the questions of the investigator. At the preparatory (introductory) stage, the investigator establishes the identity of the interrogator and his personal data, explains to the interrogated his rights and obligations, and decides on the participation of an interpreter. The main task of this stage of interrogation is to create optimal conditions for obtaining evidence from the interrogated and ensuring the reliability of the testimony. To do this, it is necessary to establish psychological contact with the interrogated. Psychological contact with the interrogated is understood as the creation of such an atmosphere of interrogation, in which the interrogated is imbued with respect for the investigator, understanding of his tasks and duties, excludes any personal motives in his actions, realizes the need to contribute to establishing the truth with his testimony. Deception of the interrogated, attempts to trap him undermine his confidence in the investigator, contribute to the emergence of a conflict atmosphere of interrogation. Such contact can be achieved by using a fairly common and in many cases justifying tactic, the essence of which is to conduct an "intelligence" conversation with the interrogated by the investigator.

Talking on abstract topics, the investigator finds out which of them are closest to the interrogated person, and focuses on their discussion. At the same time, unnecessarily, he does not focus on the previous convictions of the interrogated person and the data characterizing him with negative side. A calm conversation with the interrogated relieves his inner tension, reduces his excitement. During such a conversation, the investigator receives Additional information about the mental, speech and other psychological properties of the interrogated, which are important for determining the tactics of interrogation in its next stage. In order for the conversation to be productive, the investigator develops the ability to mentally take the position of the interlocutor and, most importantly, to show sincere interest. On the stage free story the interrogated, at the suggestion of the investigator, reports information about the circumstances in connection with which he was summoned for interrogation. A free presentation gives the interrogated the opportunity to concentrate, to recall individual circumstances that, in his opinion, are important for the investigator. If the interrogated person does not provide all the information that is of interest to the investigator, or the reported information contradicts the materials of the criminal case, the interrogation proceeds to the stage of answering questions. At this stage of the interrogation, various tactics can be used to encourage the interrogated person to testify. These techniques are based on the investigator posing questions aimed at obtaining from the interrogated additional information about certain facts, circumstances (additional questions) or at clarifying the testimony and eliminating inaccuracies and contradictions in the testimony (clarifying questions). Formulating a clarifying question, the investigator compares the inconsistencies and contradictions in the testimony and invites the interrogated person to explain in which part of his testimony should be considered reliable. In cases where the interrogated person cannot remember any facts (circumstances), the investigator formulates questions aimed at reviving associative links in order to restore the facts perceived by the interrogated person (reminding questions). If there is reason to believe that the interrogated person, for one reason or another, provided incorrect information, the investigator checks the assumption that has arisen by asking questions aimed at clarifying the conditions for perceiving the event or fact about which the interrogated person testifies, as well as establishing other sources of reported information ( Control questions). At the same time, it is unacceptable to ask questions, the wording of which contains the expected, desirable answer (leading questions). It is unacceptable to use such tactics that: are based on deception; associated with threat and blackmail; are associated with physical and mental violence, humiliation of the honor and dignity of the interrogated; associated with forcing the interrogated person to give false testimony, slander and self-incrimination; based on the use of base motives (self-interest, revenge, etc.), religious feelings, ignorance and prejudice of the interrogated.

At the moment of interrogation, the suspect is either confused due to the unexpected detention and is ready to testify, or, on the contrary, is agitated, aggressive and determined to deny involvement in the crime. If the suspect refuses to testify, the investigator finds out the motives for the refusal and explains to the suspect that thereby he deprives himself of the opportunity to defend himself against the suspicion that has arisen. If there is evidence, the reliability of which is not in doubt, the investigator may present them in whole or in part and invite the suspect to express everything that he thinks about this matter. In any case, the investigator tries to involve the suspect in a dialogue, during which he explains in detail and patiently all the adverse consequences of the position taken. Sometimes in such a situation it is useful to conduct a dialogue in such a way as to arouse objections in the suspect, induce him to take an active defensive position, in connection with which he will have to testify. Taking into account the available evidence and the personality of the interrogated, the investigator applies the following methods:

1) in a calm tone notes the inconsistency of the testimony with the materials of the case and advises to tell the truth;

2) explains the meaning of sincere repentance and explains the meaning of circumstances mitigating responsibility for the crime committed (Article 61 of the Criminal Code of the Russian Federation);

3) asks the interrogated additional and clarifying questions about the circumstances in relation to which there is the largest number reliable data;

4) demonstrates any object without focusing the interrogated person's attention on it (for example, as if by chance removes a newspaper or other cover from material evidence taken from the scene lying on the table);

5) when asking questions, he tries to put them in such a way that the interrogated person would give information that could become known to him only if he was at the scene of the incident, if there is evidence that he was not at that place or was, but at other times. However, it is unacceptable to put so-called "catching questions", that is, consisting of two parts, formulated in such a way that an affirmative answer to the first part can in any case be interpreted as an affirmative answer to the second part;

6) explain to the suspect other, apart from his testimony, means of establishing circumstances that testify to his involvement in the commission of a crime, demonstrate appropriate search instruments, explain the possibility of an expert examination to establish the circumstances relevant to the case, etc.;

7) creates an exaggerated idea of ​​the degree of awareness of the interrogated person regarding his participation in the commission of a crime: expresses awareness in an indefinite form; used during interrogation little known facts from the life of the interrogated, creates the impression that only some minor circumstances are unknown to him, etc.

One of the tactics used to expose a suspect is the presentation of evidence. You should only submit reliable evidence, since the use of unreliable evidence strengthens the suspect's determination to remain in the position of denying involvement in the crime.

Evidence may be presented in a different order. Usually they are presented as their probative value increases: at first, less significant, indirectly confirming the guilt of the suspect, and then more and more weighty. This method gives the greatest effect when presenting evidence to a suspect who denies his involvement in a committed crime or who deliberately gives false testimony about the degree and role of his participation in the commission of a crime. Sometimes the most impressive piece of evidence is presented first, even if it plays a secondary role in the system of evidence, to persuade the person being interrogated to tell the truth. In this case, the interrogated person gets the impression that the investigator is fully aware of the circumstances of the crime committed. Close to this is also a tactical technique, the essence of which is that the investigator, using his awareness of some secondary circumstance, raises the question about it as if it were the only thing that interests him. The interrogated person gets the impression that the investigator already knows the rest. The interrogated person gets the same impression when the investigator, having listened to testimony that contradicts the materials of the case, describes the mechanism of the event, using incomplete data for this and creating the impression of the insignificance of those that are still unknown to him. The sudden presentation of this kind of evidence often leads the suspect into confusion and, without having time to think of a response that would sound plausible, he begins to give inconclusive and contradictory evidence. If the investigator knows the materials of the criminal case well, carefully listens to the testimony of the suspect and observes his reaction at the time of presentation of evidence, then, using the confusion of the suspect and contradictions in his testimony, he can convince him of the futility of his chosen course of action. If there is insufficient evidence to expose the suspect, the investigator tries to obtain it from the interrogated person, using for this the contradictions in his testimony and the information that the suspect reported through imprudence.

Interrogation during the preliminary investigation(in court1) - the most common type of procedural communication. From the socio-psychological side interrogation- quite dynamic type of professional communication characterized by a number of psychological characteristics, due to a special procedure for its conduct, the procedural status of the persons participating in it, their attitude to the crime under investigation. All this renders strong influence on the nature of the communicative situation during interrogation, the choice and use by the investigator of various psychological techniques during its conduct.

Depending on the communicative situation, interrogation is distinguished in conflict(with strict and non-strict rivalry) and in conflict-free situation. From this point of view, all those interrogated, regardless of their procedural status, can be conditionally divided into three main categories of persons: a) interested in the positive results of the investigation and, as a result, providing assistance to law enforcement agencies with their testimony; b) indifferent to the activities of law enforcement agencies, to the very opportunity to testify; c) not interested in the fact that the crime was solved, and as a result actively opposing the efforts of law enforcement agencies.

From this point of view, let's move on to the consideration of the psychological characteristics of interrogation during the preliminary investigation.

1. Obtaining information about the personality of the interrogated person, his individual psychological characteristics. Interrogation during the preliminary investigation, when necessary, is preceded by the collection of information about the identity of the person being interrogated, his attitude to the crime and other circumstances relevant to the case. Special assistance to the investigator at this stage can be provided by the use of the following methods: analysis of the results of the activity of the person under study; conversation with those who know him well; method of generalization of independent characteristics; direct and indirect observation of him, his behavior; comparison of observation results and other information received. Among the various individual psychological characteristics of the interrogated person, the most interesting are the structural formations of his personality, which make up his orientation, worldview, value orientations, need-motivational sphere, which are manifested in his self-esteem, attitude towards others, ways to satisfy his material and spiritual needs, as well as character traits such as emotional balance, aggressiveness, anxiety, suspicion, cowardice and some others. Taking into account the information received, the position that the interrogated person will take is predicted, ways are outlined for establishing mutual understanding with him, overcoming possible conflicts.

Such an in-depth preparatory work most often carried out in investigative situations, when interrogation is of particular importance for the case, especially if the interrogated person is actually suspected of involvement in the crime committed.

Meanwhile, in practice, the investigator is often forced to interrogate a witness, not having time to study his personality or being deprived of the necessary sources of obtaining information about him. In such cases, the study of the individual psychological characteristics of the witness begins with the very first contacts with him, preceding the actual interrogation, and continues throughout the interrogation. In such situations, the role of a preliminary conversation with the witness, observation of his behavior, psychophysiological reactions is extremely important.

• 2. Calling a witness (victim) for interrogation. According to Art. 188 of the Code of Criminal Procedure, a witness, a victim are summoned for interrogation agenda. The basis for making such a decision may be the investigator's assumption that the subject has important business information. Another factor influencing this decision is nature of the investigation determining the need for an immediate call of a witness. The investigator's assessment of the subject's information capabilities, taking into account the complexity of the investigative situation, when he is influenced by interested parties, can speed up the adoption of such a decision.
• 3. Spatial organization of communication during interrogation. Spatial forms of communication with the interrogated person depend on the nature of the relationship (conflict, non-conflict) and the tactical plan implemented during the interrogation (Fig. 15.1).

Rice. 15.1.

1 - investigator; 2 - interrogated person

Objectively, the spatial zone of communication between the investigator and any visitor is determined by the environment of the room in which the interrogation takes place. However, there are various options, in which, to one degree or another, patterns of people's perception of each other are manifested, taking into account the nature of the dialogue: from emphatically formalized to psychologically close, when the witness is invited to sit in the immediate vicinity of the investigator's desk (in his personal communication zone - see ch. 14).

First option: at the suggestion of the investigator (1), the interrogated (2) sits down 2-3 m from him. This arrangement testifies to the emphatically formalized nature of communication. Psychologically, this form of spatial organization of interrogation is less convenient for the interrogated person, who will feel as if "in full view" of the investigator (Fig. 15.1, A).

Second option psychologically, it represents a more "protected" form of spatial organization of communication for the interrogated person. Sometimes it is deliberately resorted to so that in the field of view of the interrogated there are any photographs lying on the table of the investigator, fragments of documents (Fig. 15.1, b).

Third option suggests a closer spatial arrangement of the investigator and the interrogated opposite each other (at a distance of about 50-70 cm), which may emphasize an even more trusting nature of the relationship (Fig. 15.1, c).

In any of the options considered, the investigator retains a status-dominant position, the initiative to change the spatial organization of communication, linking it with his tactical plan.

The spatial organization of communication, when the investigator (1) allows himself to interrogate any high official in the latter’s office, is psychologically unfavorable for the investigator (Fig. 15.1, d), since in such situations the interrogated (2) retains external signs status-role dominance, which can indirectly affect the behavior of the interrogated person, the course and results of the interrogation. Therefore, no matter what high official position the subject holds, it is psychologically more justified to conduct his interrogation in the investigator's office.

4. Communication immediately preceding the interrogation. The law does not clearly define stages of procedural communication, however, it clearly states what exactly the investigator must do from the moment the witness appears to him until the beginning of the interrogation. According to Art. 164, 189 of the Code of Criminal Procedure, the actual interrogation is preceded by a rather short stage of professional communication, during which the investigator ascertains the identity of the interrogated person, explains his rights to him, warns him of responsibility for giving knowingly false testimony, refusal to testify.

This situation of professional communication, due to the need to "verify the identity of the witness", corresponds in time to the situation of acquaintance common in society. Their communicative relations in the future will largely depend on how correctly the investigator behaves from the very first minutes of communication with the witness. It is in these first 3-5 minutes of communication that the necessary foundation for psychological contact between future participants in the dialogue is laid.

What is this phenomenon? First of all, this is the very atmosphere of communication, in which "the interrogated person is imbued with respect for the investigator, understanding of his tasks and duties, excludes any personal motives in his actions, realizes the need to contribute to the establishment of the truth with his testimony." Here the role of a polite, emphatically respectful attitude of the investigator to the citizen who appeared for interrogation is exceptionally great. That is why, when verifying the identity of the summoned citizen, it is necessary to strictly follow the rules of speech etiquette, which require persons making contact to exchange mutual greetings.

Since the initiator of the meeting taking place in his office in this situation is the investigator (interrogating officer), he invites the person who has come to him to sit down. He chooses the response form of greeting, giving it a certain emotional tone, accompanying his words with appropriate gestures, emphasizing one or another degree of disposition towards this subject.

Such a communicative situation, as it were, provides an opportunity for the investigator to use it in order to form a preliminary opinion about the characteristics of the character, behavior, upbringing of the person who entered. Observing the interrogated person from the very first minutes of his appearance in the investigator's office, especially his motor skills, facial reactions, the tone of his first phrases, often helps to determine how worried he is about being called to the investigator, to think about possible reasons his emotional state and check them later during the interrogation by asking various questions. In this regard, the witness can be asked several questions that are neutral in terms of content, not related to the subject of the interrogation itself. Such questions-appeals are usually included in accepted in society. etiquette expressions, showing respect for the person.

This series of etiquette expressions can be supplemented with other replicas, taking into account the specific situation. Some authors recommend in such cases "express your satisfaction, for example, that the visitor appeared at the exact time appointed, while the weather or other circumstances could delay him," etc. It is necessary to resort to such etiquette expressions, observing a certain tact, a sense of proportion, the rules of politeness, because otherwise they will look deliberately artificial and cause a negative reaction.

So, the initial dialogue, determined by the very fact of the arrival of the person called for interrogation, the exchange of mutual greetings, allows the investigator to demonstrate his polite, correct attitude towards him, goodwill, respect for his personal dignity, and finally, the level of his upbringing. But we must not forget that the one who entered the office also carefully observes the behavior of the investigator, his gestures, tone of speech, etc. A distorted perception of the personality of the investigator, as well as negative social stereotypes common in society, sometimes from the first minutes of the meeting, can erect a certain barrier of mutual misunderstanding and distrust between the investigator and the interrogated person, especially if these stereotypes are confirmed in the behavior of the investigator.

A certain psychological burden is the explanation to the witness of his right not to testify against himself, his spouse and close relatives (Article 51 of the Constitution of the Russian Federation), as well as his duties, warning about liability for giving knowingly false testimony, refusal to testify (Article 307, 308 of the Criminal Code).

If for an investigator the procedure for warning a witness is of a formal nature, which does not have any effect on his psyche, then for a witness, especially when summoned for interrogation for the first time, it can be perceived in a completely different way and can be understood as an expression of unjustified distrust of him and even threats with side of the investigator. Allowing this possibility, you should give the words of the warning an appropriate neutral tone, because intonational nuances are especially significant here and carry much more information than we think. Sometimes it is recommended to additionally use the so-called politeness actualizers - words that specifically emphasize a respectful attitude towards the interrogated person, indicating that the investigator positively assesses his qualities (social status, role-playing, personal) and has no doubt that the witness with his inherent honesty will tell everything known to him in the case and thereby fulfill his civic duty.

The admissible replacement of the last name of the witness with his first name and patronymic will once again emphasize the respectful attitude of the investigator towards him, especially if this person is older than him in age. The underestimation of these generally accepted norms and rules of behavior, in which the social experience of many generations is recorded, the slightest departure from them is always sensitively recorded in communication processes and often negatively affects mutual understanding and the development of psychological contact.

10.6. Psychology of interrogation

General characteristics. Interrogation in the course of an investigation is the process of obtaining evidence from a person who has information relevant to the case under investigation. This is one of the most difficult investigative actions; its production requires from the investigator a high general and professional culture, a deep knowledge of human psychology, mastery of tactical and forensic interrogation techniques. The complexity of the interrogation lies not only in the fact that in a number of cases the investigator has to deal with people who do not want to tell the truth or refuse to testify at all, but also in the fact that in the testimony of a person who sincerely seeks to tell the investigator everything known to him in the case, there may be errors, involuntary distortions, misconceptions, or even fiction, which, during interrogation, must be detected in a timely manner and taken into account in the evaluation and use of testimony.

The purpose of the interrogation is to obtain complete and objective evidence reflecting the reality. These testimonies serve as a source of evidence, and the factual data contained in them serve as evidence. 1

Like any complex procedural action, interrogation is divided into a number of stages, during which intermediate tasks are sequentially solved and the final goal is achieved. The procedural characteristics of the stages of interrogation are described in great detail in numerous forensic textbooks and, perhaps, do not need additional comments. However, the characterization of interrogation as a process of psychological interaction between the two parties - the investigator and the interrogated - requires clarification, since it does not completely coincide with the procedural one.

In our opinion, interrogation in psychological terms is a complex process of communication, consisting of a sequence of interrelated stages (stages) subordinate to a single goal, among which the main ones can be distinguished: the preparatory stage, the stage of establishing psychological contact, the stage of direct interrogation, the stage of completing the interrogation, the stage psychological analysis and evaluation of the results of interrogation.

Each of these stages has its own structure and independent psychological significance. Moreover, only the stage of direct interrogation has a relatively clear differentiation according to the object: 1) for the interrogation of the witness and the victim, and 2) for the interrogation of the suspect and the accused, while all other stages are an integral part of the interrogation of any person. Let's take a closer look at their characteristics.

Preparatory stage. It precedes the direct meeting of the investigator and the interrogated. Its main tasks are: obtaining the maximum amount of information about the interrogated, forming the purpose of the interrogation, establishing the availability and quality of the available evidence, and the main goal is the psychological and tactical preparedness of the investigator for interrogation. Purpose of interrogation determines the general line of conduct of the investigator, the tactical features of the use of certain techniques and methods of interrogation. Depending on the type of interrogation, there may be several goals, and the sequence of their achievement will require a change in its tactics, means and methods used.

Availability is maximum complete information about the interrogated it is essential to establish psychological contact with him, which is often the main factor determining the results of the interrogation. Such information includes: personality traits, habits, interests, hobbies, vices, life goals, values, beliefs, professional skills, etc. This information can be obtained from the protocols of interrogations and explanations of other persons, other materials of the criminal case, data from operational services, service characteristics, publications in the press, etc.

Determining the availability and quality of available evidence It is relevant mainly during the interrogation of suspects and defendants and is an important factor in choosing interrogation tactics. The presence of evidence is understood as the following - whether there is evidence at all (i.e., procedurally executed) and what is their quantity, and by quality - what “weight” or significance they have for the investigation. The presence of traces of hands or shoes found and seized from the scene does not mean at all that they were left by the suspect. Another thing is when there is an expert opinion that they were left to them. Interrogation tactics in these cases will be different.

Psychological preparedness interrogation is essential for its successful conduct, since any interrogation, and especially in a conflict situation, requires great mental stress, psychological flexibility, readiness to quickly change tactics and find a way out of difficult situations. This is achieved by the ability to be fluent in oral speech, non-verbal means of communication, special psychological methods of influencing the interrogated person, and methods of psychological defense.

tactical preparedness the investigator means that he has a clear and reasonable plan for conducting an interrogation, taking into account the above positions, as well as providing for its prompt correction, if necessary. This is achieved by the knowledge and ability to apply a wide range of interrogation techniques in various situations, knowledge of the characteristics of the course of mental processes (attention, perception, memory) in various categories of people (children, the elderly, the disabled, etc.), knowledge of the personal characteristics of various categories of persons: convicted, drug addicts, mentally ill, etc.

Of course, within the framework of the preparatory stage, the necessary procedural actions of the investigator are also carried out: the choice of time, place, technical support conducting an interrogation, summoning or delivering a person, identifying participants in an interrogation, etc.

The stage of establishing psychological contact is of great importance for the subsequent course of the interrogation.

There are many definitions of the psychological contact of the investigator with the interrogated during interrogation in the forensic literature, but the following seems to us the most successful: “Psychological contact is a system of interaction between people in the process of their communication, based on trust; information process in which people are able and willing to perceive information coming from each other. 2 The establishment of psychological contact is the creation of a connection: personal, informational, behavioral, psychophysiological between the participants in communication.

Reflecting on the relationship between the investigator and the interrogated, V.L. Vasiliev notes: “For many, the interrogation is presented as a struggle between the investigator and the interrogated. This is at least not true. Such a view quite obviously reflects archaic attitudes, the roots of which are contained in the punitive policy of our state in the era of the 1930s and 1940s.” 3 The opinion about interrogation as a process of influence of the investigator on the interrogated does not stand up to criticism either. At its core, interrogation is one of the procedural types of information interaction, interpersonal communication and information exchange between two main actors - the interrogator and the interrogated. 4

Creating the necessary prerequisites and conditions for such interaction is the main task of the stage of establishing psychological contact. It is implemented in many ways, described in detail in the relevant literature, as well as in § 8.8, so we will focus here only on a few. This applies primarily to modern psychotechnologies of communication (Ericksonian hypnosis, NLP, etc.), the elements of which, to one degree or another, must be taken into service during interrogation.

Adjusting or creating a subconscious trust of the interrogator to the interrogator. The meaning of this technique is that the interrogator, as it were, tunes in to the “wave” of the interrogated person and communicates with him in an accessible and understandable body language, biorhythms, and the pace of the thought process, overcoming the communication barriers that are inevitable in an interrogation situation. This is achieved by the following methods.

Posture adjustment. You should first take the same pose as the partner's - reflect the pose of the partner. This is called adjusting, reflecting, attaching, adjusting, mirroring. The main thing is that you need to make some part of the interrogator's behavior similar to a similar part of the interrogator's behavior. The reflection of the posture can be direct (exactly like in a mirror) and cross (if the partner’s left leg is thrown over the right one, then you can do the same). Postural alignment is the first skill to actively, forcefully create subconscious trust.

Adjustment to the breath - copying your partner's breath. Variants are possible here: adjustment to breathing can also be direct and indirect. The first is to breathe in the same way as the partner breathes, at the same pace. The second is coordination with the partner's breathing rhythm of some other part of his behavior; for example, you can swing your hand to the beat of your partner's breathing or speak to the beat, i.e. on his breath. Direct tuning is more effective in creating a connection with a partner.

Adjustment to movement. A person usually does not sit like an idol - he gestures, changes his position, nods or shakes his head, blinks, and all this can be a subject for adjustment. Adjustment to movements is more complex than the previous types of adjustment, because both posture and breathing are relatively unchanging and constant things that can be considered and started to be copied gradually. Movement is a relatively fast process, in this regard, the interrogator is required to be observant and a certain disguise, naturalness, so that the partner could not realize your actions. These can be any movements: macro movements (gait, gestures, movements of the head, legs) and micro movements (facial expressions, blinking, small gestures, twitching). 5

The qualitative implementation of these techniques will not only allow you to establish good psychological contact with the interrogated person, but can also be used to work with deeper layers of the personality (attitudes, beliefs, value orientations).

Considerable assistance in effective interaction with the interrogated person at this stage can also be provided by such recommendations by D. Carnegie: “Be sincerely interested in other people”, “Talk about what interests the interlocutor”, “Remember that the name of a person is the most pleasant and important word for him ”, “Help the interlocutor to gain a sense of self-importance and do it sincerely”, etc. 6

The main stage of the interrogation. If the rest of the stages of interrogation described are to some extent typical for interrogations of all categories of persons, then this stage has significant features determined by two main groups of participants: 1) the witness and the victim and 2) the suspect and the accused. These features are due to the difference in the procedural position, the goals and objectives of interrogation, the techniques and methods used during interrogation, including the psychological, procedural position of persons.

The division of interrogations into interrogation in a conflict-free situation (witnesses and victims) and interrogation in a conflict situation (suspects and accused) seems unreasonable, since both forms may be inherent in interrogations of all categories of persons under consideration.

Without touching on the traditional forensic and procedural aspects of this problem, we will only consider the psychological features of this stage of interrogation in a differentiated way for each of the groups.

Interrogation of the witness and the victim. In the implementation of the main stage of their interrogation, key problems can be identified that determine psychological goals and tasks:

1) diagnosis and assessment of the state of psychophysiological, cognitive processes, memory, level and characteristic features of thinking;

2) the choice and application of psychological methods of activating memory, stimulating thinking, restoring associative links;

3) psychological analysis of the behavior of the victim before, during and after the commission of the crime;

4) psychological diagnosis of the personal characteristics of the victim: social orientation, beliefs, etc.;

5) diagnosis of the relationship of the victim to the event of the crime, the persons who committed it, the ensuing consequences;

6) operational analysis and assessment of non-verbal reactions of the victim and the witness, especially during the dialogue stage of interrogation;

7) prompt change in interrogation tactics based on the factors listed above;

8) the use of special psychological techniques for recognizing and overcoming deliberate distortion of facts.

The meaning of these moments is not unambiguous and can vary significantly depending on each specific case.

Interrogation of the suspect and the accused more often occurs in a conflict situation, which in psychological terms implies the presence of a psychological struggle. This largely determines the high requirements for the personality and the psychological preparation of the investigator for its conduct: possession of methods of psychological protection and psychological influence, including hard.

As the main points characterizing this stage of interrogation, it is necessary to highlight:

1) diagnosis of the conflict situation of interrogation, psychological analysis of the form of psychological protection of the person and the methods used by him, preliminary planning of interrogation tactics;

2) psychological analysis and assessment of the person's attitude to the event of the crime, its consequences, his role in it, the victim, the investigator;

3) psychological analysis and assessment of the main personal characteristics: general and social orientation, value orientations, attitudes, motives, views, beliefs;

4) choice of a line of conduct, communicative position, means and methods of psychological influence, neutralization of psychological opposition;

5) operational analysis and assessment of non-verbal reactions, especially in the form of dialogue interrogation;

6) the use of special psychological techniques for diagnosing and overcoming lies, denial, attempts to mislead;

7) the use of special psychological techniques for reshaping positive attitudes, views, value orientations, life goals;

8) the use of tactical and psychological methods of inclination to recognition;

9) the use of tactical and psychological techniques and methods of presenting evidence;

10) the use of special techniques and methods of interrogation and inducement to confess in the absence of evidence.

Diagnosis of the conflict situation of interrogation, psychological analysis of the form of psychological protection of the person and the methods used by him, preliminary planning of interrogation tactics are essential for choosing the strategy and tactics of interrogation as a whole.

The possibilities of predicting the behavior of the interrogated are reflected in the works of the prominent Russian scientist A.R. Ratinov, who considers the mechanisms of the formation of the defensive behavior of the suspect from the standpoint of the defensive dominant (the focus of maximum nervous excitement), which pushes him to create false evidence of innocence, fictitious alibis, staging, false statements, spreading fictitious rumors, etc. As means of combating these phenomena, the method of indirect interrogation, various distractions, synonymization of concepts, etc. are proposed. 7 The mechanisms of defensive behavior include: "repression", "rationalization", "projection". Phenomena of this kind are widespread and can be both unconscious and fully conscious. 8 This idea has much in common with Western psychoanalytic ideas of defensive behavior, in particular A. Freud. 9

Knowledge of the form and methods of psychological defense of the interrogated person allows the investigator to choose the most effective way of his own psychological defense. Otherwise, he simply will not be able to achieve the goals of the interrogation.

Psychological analysis and relationship assessment person to the event of the crime, its consequences, his role in it, the victim, the investigator allows you to determine the position of the interrogated in relation to the investigating authorities, the person conducting the interrogation, his assessment of the social danger of the crime committed, etc. Establishing this position allows you to most effectively vary the sequence of application of methods and means of interrogation, the choice and application of measures of psychological influence.

Psychological analysis and assessment of integral personal characteristics: general and social orientation, value orientations, attitudes, motives, views, beliefs. The need for this is due to at least two main reasons: 1) the need to draw up psychological portrait interrogated to solve the problems of the current and subsequent interrogations; 2) the use of such data to build an investigation strategy as a whole, including the production of other investigative actions, putting forward versions, etc.

The choice of a line of conduct, a communicative position, means and methods of psychological influence, ways of neutralizing psychological opposition. This provision plays an important and sometimes decisive role during interrogation. Any communication implies that the parties have a particular position of communication, which determines the leading role of its participant. The interrogated person does not always take the leading role of the interrogator, and in the case of severe pressure, he may refuse to testify at all.

Operational analysis and evaluation of non-verbal reactions, especially in the dialogue form of interrogation, they allow the investigator to quickly respond to a change in the emotional state of the interrogated person, a state of confusion, confusion, fatigue, weakening of attention, in order to change the course of the interrogation in a timely manner, break the defense and ultimately gain the upper hand in this martial art.

The use of special psychological techniques for diagnosing and overcoming lies, denial, attempts to mislead. Such approaches include:

1) methods of emotional impact:

Incitement to repentance and frank confession;

Impact on the positive aspects of the personality of the interrogated;

The use of antipathy, fed by the interrogated to one of his accomplices;

Using the surprise factor by asking unexpected questions in a situation where the interrogated person does not expect such questions;

2) methods of logical influence:

Presentation of evidence refuting the testimony of the interrogated;

Presentation of evidence that requires the interrogated to detail the testimony, which will lead to contradictions between him and the accomplices;

Logical analysis of the contradictions present in the testimonies of the interrogated, inexplicable from the point of view of his explanation of what happened;

Logical analysis of contradictions between the interests of the interrogated person and the interests of his accomplices;

Proving the senselessness of the position taken, which cannot ultimately interfere with the establishment of the truth;

3) tactical combinations:

Techniques pursuing the goal of hiding from the interrogated investigator's awareness of certain circumstances of the case;

Method of indirect interrogation;

Techniques aimed at creating a situation in which the interrogated person speaks out. 10

The use of tactics-psychological methods of inclination to recognition is important for obtaining the most complete and procedurally significant information, turning the interrogated from an adversary into an ally in establishing the truth in the case, a reliable and confident judicial perspective.

The use of tactical and psychological techniques and methods of presenting evidence. It should be borne in mind that the presence of evidence of guilt is not yet a success in exposing the criminal. It is important to use them tactically competently during interrogation, especially when they are not enough. This issue is well covered in the forensic literature.

The use of special techniques and methods of interrogation and inducement to confess in the absence of evidence. 11 Situations where there is no evidence in a criminal case are quite common in investigative practice, so mastering interrogation techniques in such cases will significantly increase the effectiveness of investigative activities.

End of interrogation. In criminal proceedings, the completion of an interrogation means the signing of the interrogated under the protocol of interrogation. In psychological terms, the end of the interrogation has a slightly different meaning.

Like any communication, interrogation has a beginning, main part and end, and the beginning and end, as a rule, are the most memorable for a person. This must be taken into account, especially if you still have to meet with the interrogated more than once.

If the beginning of the interrogation, namely the stage of establishing psychological contact, remains in the memory of the interrogated person as a certain emotional background or a formed attitude towards the investigator as a person, which greatly simplifies the establishment and maintenance of psychological contact during subsequent meetings, then the completion of the interrogation acts as the finale of only this episode of communication and lays a solid foundation for productive follow-up meetings.

At the stage of completion of the interrogation of the victim and the witness, a summary of the past conversation is summarized, the points that are reflected in the protocol of the interrogation are noted, and attention is focused on those circumstances or facts that, for various reasons (forgetting, unwillingness, etc.) were not covered, but are essential to the cause. Thus, a person is given an “anchor” (in the terminology of NLP), prompting him to subsequently return to the specified moments in memory from time to time, especially if emotionally or personally significant forms for a person were used as an “anchor”. The subconscious return to these facts stimulates mental activity, memory and promotes effective recall.

Interrogations of the accused and the suspect, as a rule, are multiple. Therefore, by completing the current interrogation, it is necessary to prepare fertile ground for the next one. Based on the results achieved, it is possible to give the person a topic for reflection in the form of several additional questions (for example, demonstrating some awareness of the investigator), which, even if left unanswered, will become a reliable “anchor”. Completing the interrogation in a friendly, empathic way, even if it took place in a conflict situation, will allow the next time not only to quickly establish psychological contact, but also to deepen it significantly.

Psychological analysis and evaluation of interrogation results. After the end of the interrogation, the investigator has a protocol outlining the procedurally significant facts reported by the interrogated. They may have different meanings in different situations and will be evaluated in conjunction with other evidence. But at the same time, the investigator, as a rule, has a lot of non-verbal information obtained during the interrogation, which is not procedurally recorded anywhere. But it can have much more significance than what was said by the interrogated. Therefore, all non-verbal manifestations observed during interrogation (gestures, facial expressions, pantomime, involuntary statements, physiological reactions) should be subjected to careful analysis in conjunction with recorded facts. An important point in this case is the establishment of the presence of causal relationships in the triad "question - non-verbal reactions - answer".

In addition to analyzing the observed reactions of the interrogated, it is also important to evaluate them for semantic significance, authenticity, and importance for the investigation.

Of course, non-verbal manifestations cannot be evidence, but observed during interrogation, they allow you to change the tactics and use of certain interrogation techniques and methods in a timely manner, and those subjected to analysis and evaluation at the end of the interrogation will become reference points for developing tactics for subsequent interrogations and an investigation strategy generally.

Along with the analysis and evaluation of the non-verbal manifestations of the interrogated person, it is important to analyze and evaluate the information about his personality obtained during the considered stages of the interrogation, since they allow you to make a more complete psychological portrait of the person, correlate it with the already established facts, identify and even resolve the existing contradictions. This will make it possible to better conduct subsequent interrogations, plan and conduct other investigative actions, implement existing investigative leads and put forward new ones.

Thus, interrogation is a procedurally complex, psychologically intense and diverse in terms of the techniques and methods used, the process of interaction between the interrogated and the interrogator, based on the knowledge of the psychological patterns of the formation of testimony, operating with evidence, putting forward and implementing investigative versions, overcoming lies and denial, psychological impact and psychological protection, deciphering "body language", psychological analysis and evaluation of results, subordinated to the main goal - obtaining objective, procedurally significant information about the crime event, the mechanism of commission and the persons involved in it.

Changing the conditions for the functioning of law enforcement structures of the state, forms, methods of crime and its level dictates the need to use a wide range of the most modern psychotechnologies in investigative activities, change traditional, or rather, outdated views on the means and methods of combating crime, ethical and moral criteria for assessing the admissibility and possibility means of psychological struggle.

1 See: Criminalistics. / Ed. Belkina R.S., Luzgina I.M. - T. 2. - M., 1980. - S. 132-133.

2 See: Porubov N.I. Interrogation in Soviet criminal proceedings. - Minsk, 1973. - S. 73.

3 See: Vasiliev V.L. Legal psychology. - St. Petersburg: Peter, 1997. - S. 482-498.

4 See: Criminalistics/ Ed. V.A. Obraztsova. - M., 1999. - S. 502-517.

5 Gorin S.A. Have you tried hypnosis? - M., 1994. - S. 12-23, 37-38.

6 Carnegie D. How to win friends and influence people. - Samara, 1997.

7 Ratinov A.R. Forensic psychology for investigators. - M., 1967. - S. 196, 210.

8 Ratinov A.R., Efremova G.Kh. Psychological defense and self-justification in the genesis of criminal behavior. //Personality of the offender as an object of psychological research. - M., 1979. - S. 50.

9 Freud A. Psychology Self and defense mechanisms. - L., 1993. - S. 19-21.

10 Criminalistics. / Ed. Belkina R.S., Luzgana I.M. T. 2. - M, 1980. - S. 152-154.

11 See: Gelmanov A.G., Gontar S.A. How to establish the participation of a person in an offense? An efficient and cost-effective method for diagnosing implicit involvement and obtaining guilty pleas in the absence of evidence. - M., 1999.