Abstract:
Висвітлено проблемні питання та труднощі, що виникають під час підготовки та проведення допиту різної категорії осіб при розслідуванні злочинів у сфері туристичної діяльності. Надано рекомендації щодо найбільш ефективної організації і тактики проведення допиту в провадженнях цієї категорії.
Description:
It is emphasized that the investigation of crimes in the field of tourism has certain specifics due to the circumstances and mechanism of this crime. A special place among all other sources of evidence is occupied by testimony, which takes the form of evidence only in the case of observance of the rights, freedoms and legitimate interests of persons who have information about the event of a criminal offense and their proper procedural design. However, during interrogations in the investigation of crimes related to tourism, investigators often face difficulties of both procedural and organizational and tactical nature. The most significant problem is the lack of time for full preparation for the interrogation, with the study of legislation in the field of tourism, taking into account all the circumstances to be established and drawing up an interrogation plan. The use by investigators of the full range of tactics recommended by criminology and developed in practice is also not used to a sufficient extent. Investigators lack the time and technical ability to accompany the process of obtaining evidence by audio or video recording. For the most part, suspects withdraw their testimony after some time on the grounds that it was obtained as a result of psychological pressure or physical influence. While audio and video materials could help to refute these statements and prove the legitimacy of the actions of the person conducting the interrogation. It is noted that when interrogating victims, witnesses, suspects in criminal proceedings related to tourism, the investigator should be critical of their testimony and compare them with other evidence. It is important for the investigator to establish whether the interrogated are in a business relationship with the head of a tourist or hotel-restaurant enterprise and what their nature is. This need is due to the prevalence of situations where persons who declare themselves as witnesses are involved in criminal acts. Recommendations on the most effective organization and tactics of interrogation in proceedings of this category are given.
