A face-to-face confrontation is carried out by an investigator in the course of proceedings in a criminal or civil case, in cases where the testimony of witnesses or defendants do not coincide in some way and their cross-examination is required.
What is confrontation
A face-to-face confrontation is a joint interrogation of two defendants or witnesses of a crime, which is carried out in the event of inconsistencies in their testimony given earlier, or in case of refusal of one of the interrogated. Similar investigative actions can be carried out between the accused and the victim, witnesses who have changed their earlier testimony, incriminating any of the participants in the process in giving deliberately false information. Witnesses and victims have the right to refuse to participate in a face-to-face confrontation, and a person accused of a crime or offense has the right to demand the presence of his defense lawyer at such an interrogation.
How is face-to-face confrontation carried out?
Before the confrontation, its participants must be interrogated separately, with the testimony being entered into the protocol, which was signed by them and the investigator. Before starting a joint survey, its participants must be warned of responsibility for providing inaccurate or false information on the merits of the case under investigation. Only after these explanations can the confrontation begin.
If persons under the age of 14 take part in the confrontation as a defendant, accused, victim or witness, then a teacher-psychologist or his parents are invited to the office. Without the presence of an adult representative of an imperfect person, the procedure is contrary to the law, that is, it is considered illegal and its results cannot be applied to the case and, moreover, presented to the court.
Defendants who participate in a confrontation may request the presence of their lawyer. In the absence of such, it is obliged to provide it at the first request. In addition, both participants in the procedure have the right to ask questions to each other, but only after the permission of the investigator or interrogator who conducts it.
During the face-to-face confrontation, the investigator has the right to announce the previously obtained testimonies of the participants. This is done in the event that the defendant, victim or witness is confused in the facts, provides clearly false information or changes it.
How the confrontation protocol should be drawn up
Before signing the protocol of joint interrogation, all parties are obliged to read it and make sure that it is executed correctly.
The minutes must include the time and place of the confrontation, the full names and surnames of all its participants (interviewees, the interrogator, defenders and representatives of minors) must be entered, the fact of warning about giving false information is recorded.
The descriptive part of the protocol must contain a detailed description of all actions, it must accurately reflect all the testimonies and questions, if material or other evidence is provided, then they must be reflected in it.
At the end of the protocol, the time of the end of the survey is indicated and after reading it, the participants in the confrontation sign it.
