Relacja przesłuchiwanego a treść protokołu w postępowaniu przygotowawczym
Report – the content of the interviewee and the content of the protocol

Summary/Abstract: Interrogation is a procedural and forensic activity without which the majority of criminal proceedings could not be conducted and eventually ended. The facts established during the interrogation determine the further direction of actions taken by law enforcement agencies. These facts condition the acceptance or confirmation of forensic versions verified at subsequent stages of the proceedings. It is essential to properly document the activity so that its course is not effectively undermined by the parties to the proceedings. Knowledge of the techniques of recording, the choice of the moment of beginning, as well as conveying it as accurately as possible a load of presented emotions and behaviours of participants is necessary and at the same time extremely difficult. This article aims to outline the problems related to the recording of the interrogation including the transfer of the spoken word on paper (form, language, the literalness of the message, or capturing the atmosphere and behaviour of participants). The text includes selected fragments of interrogation protocols to point out the practical side and, indirectly, errors in reporting the course of the activity. The analysis is based on the historical and legal method (review of the legislation in terms of the protocol technique included in the guidelines for prosecutors) and the dogmatic analysis of the regulations and their actual application in the practice of law enforcement agencies.

• Details
• Contents