Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Верстка Криміналістика 2019 6.05. 200 209 1 Завантажень: 2, розмiр: 291.8 KB

DOI: https://doi.org/10.33994/kndise.2019.64.17

A. Tsilmak

In this article there were proposed author’s definitions for “testimonies verification” and “capability to perceive”. It was emphasized that testimonies verification is the way for determination the objective truth of fact or statement of a person relating to the circumstances of criminal offence.

A possibility to perceive – is the process of formulation of holistic subject subjective of criminal offence. It was pointed, that the process of perception is interrelated with such psychological cognitive processes of personality as aesthesia, memory, ideation, imagination and speech. That’s why, the certainty of information relating to the circumstances of criminal offence is conditioned by the ability of personality not only to perceive, but to: 1) feel; 2) order perceived objectively; 3) memorize, keep and reproduce perceived objectively; 4) form the subject’s image or phenomenon that is not being perceived at the moment, but it had been perceived before; 5) explain objectively that is subjectively perceived.

There were concretized by the author the primary tasks of investigator for testimony verification during certain stages of interrogation (preparatory, principal and final). It was mentioned, that the primary tasks on the preparatory stage are: 1) to research the circumstances of forensic offence; 2) to collect the data about the personality of witness that is about: a) the character of relations with suspect and victim; b) his reputation; c) the presence of chronic psychological disease, natural or acquired abnormalities of the development of perception bodies; d) his individual and psychological characteristics (type of character, peculiarities of psychological perceptional processes, level of intellectual development) and etc.; 3) the composition of questions’ list, that will provide the testimonies verification.

It was determined, that testimonies verification during interrogation may take place by means of testimonies comparison with available facts and methods of audiovisual psychodiagnostics.

On final stage (after interrogation) investigator`s tasks are the: 1) comparison of testimonies with other persons` evidences; 2) estimation of testimonies and determination their gaps and inaccuracies; 3) preparation of clarifying questions to the witness (on necessity); 4) collection of additional information, that concretizes and clarify the circumstances of criminal offence.

It was accentuated that verification’s method appliance is uninterrupted process, that comprises almost all investigative (inquiry) actions. That’s why, investigator should be aware of its essence and peculiarities of its appliance.

Key words: verification, testimonies, witness, investigator, task, criminal offence.