Organizational and procedural aspects of obtaining testimony during a court interrogation

Abstract

The article makes a meaningful analysis of the scientific works and the rules of the Code of Criminal Procedure of Ukraine, which define the concept of testimony as a procedural source of evidence in criminal proceedings, its methods of obtaining, verifying, and evaluating. The legislative regulations and procedural procedure for the judicial interrogation of participants in criminal proceedings have been studied. Attention is paid to certain innovations in legislation that require scientific understanding, interpretation, and choice of appropriate tactics by a defense attorney, prosecutor, and judge. The methodological basis of the article is the complex application of general methods and special methods of scientific knowledge in its relationship, selected considering the purpose and objectives of the study, its object and theme. By way of conclusion, the proposals and recommendations of an organizational and tactical nature are based, aimed at improving police practice to address the existing problems of obtaining, verifying, and evaluating testimonies in the evidentiary process.

Untitled

“…Based on their legislative definition, the features of testimony as a procedural source of evidence are as follows: 1) testimony is information obtained during interrogation (orally or in writing) (a feature relating to the procedural form of testimony); 2) testimony may be given by a suspect, accused, witness, victim, expert (a feature relating to the subject matter of testimony); 3) logical and consistent information received, which is the essence of testimony reflect-ing important circumstances for criminal proceedings. The information obtained without the above features is of no value in criminal proceedings and is not considered evidence (Miles et al, 2022;Turkot et al, 2022).…”