The Recording of a Suspect's Interrogation Using Audio or Video Devices: Postulates De Lege Ferenda and De Lege Lata Cover Image

The Recording of a Suspect's Interrogation Using Audio or Video Devices: Postulates De Lege Ferenda and De Lege Lata
The Recording of a Suspect's Interrogation Using Audio or Video Devices: Postulates De Lege Ferenda and De Lege Lata

Author(s): Piotr Misztal
Subject(s): Criminal Law, Human Rights and Humanitarian Law, Philosophy of Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: images and sound recording from interrogation; suspect; torture;

Summary/Abstract: The current model of criminal proceedings assumes optional recording of images and sounds from recorded activities, including the suspect's interrogation. Audiovisual recording of this type of procedural activity is rare in practice, which, considering the level of technological development, should force deeper reflection. Interrogation reports do not constitute a faithful representation of activities of particular importance for achieving the objectives of criminal proceedings. They also do not reflect the suspect's full statement, the context in which his words are spoken, and the elements that make up the so-called non-verbal communication. The changes proposed in this article assume mandatory recording of all suspect interrogations, which is intended to meet high standards of a fair criminal trial and protect the accused from torture and inhuman or degrading treatment.

  • Issue Year: 34/2025
  • Issue No: 5
  • Page Range: 145-160
  • Page Count: 16
  • Language: English
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