Obtaining confession by employees of territorial operational units of the Federal Penal Service of Russia for crimes committed by convicts prior to arrival in correctional facilities
Volkov D. Yu. Obtaining confession by employees of territorial operational units of the Federal Penal Service of Russia for crimes committed by convicts prior to arrival in correctional facilities. Penitenciarnaya nauka = Penitentiary Science. 2020; 14(2):244–250. (In Russ.). DOI 10.46741/2686-9764-2020-14-2-244-250.
One of the main tasks of the territorial operational units of the Federal Penal Service of Russia is the disclosure of crimes committed by convicts prior to arrival in correctional facilities. This activity is carried out by operative officers both in the framework of daily activities, and on behalf of within the framework of the implementation of Clause 4, Part 2 of Art. 38 Code of Criminal Procedure of the Russian Federation. The main ways to obtain operationally relevant information for the disclosure of this category of crimes will be information obtained during the implementation of such operational-search measures as interrogation, inquiry, monitoring and operational implementation, as well as the use of the undercover method. The information received should help induce a person to give a confession and write a confession. A confession can act as a circumstance mitigating punishment as well as a source of evidence, as it is perceived by most of the employees of the territorial operational units of the FPS of Russia. As a rule a confession is recorded by the detectives in the scope of a brief description of the act committed in the words of the person giving the appearance. The second fixation option is a statement of information by a detective after a conversation with a person who has filed a confession. The third option is the most detailed recording of information, almost in the volume of a full interrogation. The most optimal option for obtaining a confession is the situation when the confession was written by the convict on his own after discussing with the operative the most significant circumstances in terms of qualification and proving.
Keywords: confession; operational investigative activities; crime of past years; operative officer; disclosure of crimes; investigation of crimes; preliminary investigation
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