Criminalistic and Criminal Procedural Law Aspects of Interrogation Tactics

Abstract

Aim: The purpose of this study is to introduce and analyze the procedural legal framework governing the interrogation of suspects, with the aim of providing guidance for assessing the lawful limits of interrogation tactics, as well as the legality of specific interrogation techniques and the evidence obtained as a result of or in connection with them.
Methodology: Interpretation of current legislation, presentation and critique of court decisions and adaptation of the relevant sections of criminalistic literature which are related to the topic under examination.
Findings: The current procedural framework of interrogation tactics does not allow to read the Miranda rights for an individual during investigative actions other than a formal interrogation, thereby severely limiting investigators’ tactical options. The study outlines important guidelines and limitations regarding the use of self-incriminating statements made in the context of so-called informal conversations, and the reports based on those statements, as evidence, as well as regarding false statements made to the suspect for tactical reasons during the interrogation.
Value: The study can serve as a useful guide for individuals working in various roles within the criminal justice system (investigators, prosecutors, judges) regarding the conduct of suspect interrogations, the lawful use of interrogation tactics, and the assessment of the legality of this investigative action.