PECULIARITIES OF THE USE OF VIDEO RECORDING DURING INVESTIGATIVE (SEARCH) ACTIONS INVOLVING THE SUSPECT

Abstract

The use of video recording during the investigation of criminal proceedings is used not only as a technical means, but also as a mechanism for ensuring the rights of the participants to carry out objective, impartial, fast criminal proceedings. That is why the evidential value of the video recording lies in the technical ability to objectively record the facts that are part of the subject of evidence. The Criminal Procedure Code does not specify any restrictions on the properties of the technical means used to record criminal proceedings, so the participants in the proceedings who conduct the process can use the latest gadgets, which must be in good working order, and qualitatively record investigative (search) actions with the involvement of participants in criminal proceedings. proceedings, including the suspect. In the absence of technical means, the investigator, inquirer, and prosecutor involve a specialist. Continuity of video recording (including the serviceability of technical devices) is one of the conditions provided for in the Criminal Procedure Code, and is a guarantee of the protection of the rights of participants who are involved in an investigative action using a technical device. The obtained materials of video recording of investigative (search) actions are displayed on the information medium - disk, which is stored with the materials of criminal proceedings. In the conditions of martial law, statements obtained during the interrogation of a suspect, including the simultaneous interrogation of two or more already interrogated persons, may be used as evidence in court in criminal proceedings only if a defense attorney participated in such an interrogation, and the course and results the interrogation was recorded using available technical means of video recording. In general, there are no instructions in the Criminal Procedure Code regarding the use of video recording during investigative actions involving participation, the person conducting the investigative action makes such a decision himself. The decision to use the inspection of the scene of the incident is also made by the person conducting this investigative action. During a search or inspection of a person's home or other possessions, a search of a person, if it is not possible to involve witnesses, and there are objective reasons for this, or there is a threat to their life or health, then the Criminal Procedure Code allows the conduct of such investigators (investigative) actions without the involvement of witnesses, but with the mandatory use of video recording. In cases of continuous video recording during the investigative experiment, bystanders may not be involved, however, the video recording must be continuous, begin with the place and time of the conduct, and end with the signing of the protocol by all participants. It can be concluded that the conduct of investigative actions involving the suspect with the use of video recording depends on the direct indication of this in the Criminal Procedure Code, on the circumstances of the case, on the behavior of the suspect during the pre-trial investigation, on the scope of the criminal proceedings.