Abordări conceptuale privind tactica audierii persoanelor care fac declaraţii cu bună ştiinţă false//Conceptual approaches to the tactics of interrogation of persons making intentionally false statement

• Published in: Analele științifice ale Universității Al I Cuza din Iași Științe juridice Vol. 4; no. 68; pp. 155 - 170
• Main Authors: Vitalie Rusu, Andrei Nastas
• Format: Journal Article
• Language: English
• Published: Editura Universității „Alexandru Ioan Cuza” din Iași 01-11-2022
• Subjects: conflict situations; distorted presentation; evasion; evidence; evidentiary items; falsification; interrogation; oath; perception; procedure; reasons; sincerity; tactics
• ISSN: 1221-8464; 2537-3048
• DOI: 10.47743/jss-2022-68-4-12

An interrogation is a process of obtaining statements from a person who has information relevant to the investigation and examination of criminal cases. This is the most common and, at the same time, the most complicated procedural action. However, this is not only due to the fact that in front of the representative of the law enforcement body there are often people who do not want to communicate the truth, or they generally refuse to make statements; even the person who sincerely wants to communicate everything he/she knows about the circumstances of the case may be confused or make mistakes. False statements are particularly dangerous, especially in modest, „weak”, evidence cases, where the statements of certain persons are relied on as evidence, as a result of which the risk persists and the likelihood of unlawful rulings increases. False statements may relate to any circumstance of the criminal case and may be made by any person subjected to the act of interrogation. For the law enforcement body, the statements are a source of information and the data they contain have the status of evidence. For the suspect and the accused, the statements represent a means of defense against the suspicion or accusation brought against them. All these aspects are to be considered, thus appreciating the importance of the interrogation in criminal proceedings. To a large extent, these issues justify the importance and timeliness of the establishment and application of specific tactical procedures for the interrogation of persons making intentionally false statements.