International Journal of Law And Criminology
9
https://theusajournals.com/index.php/ijlc
VOLUME
Vol.05 Issue01 2025
PAGE NO.
9-14
10.37547/ijlc/Volume05Issue01-03
Establishing psychological contact with the suspect
(accused) in the investigation of crimes against public
order
Murodov Bakhtiyorjon Bakhodirovich
Doctor of Legal Sciences, Professor, Lieutenant Colonel. Head of the Department of Investigative Activities at the Academy of the
Ministry of Internal Affairs of the Republic of Uzbekistan. 100197, Tashkent, Intizor Street, 68. Scientific specialization: 12.00.09 -
Criminal Procedure. Criminalistics, Operational-Search Law and Forensic Examination. UDC: 343, Uzbekistan
Nishonov Eldorjon Muzafar ugli
Senior Lecturer of the Department of Administrative Activities of Internal Affairs Bodies, Faculty of Administrative and Organizational
Activities, Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan. Criminalistics, operational-search law and judicial
expertise.UK: 343.593:343.98.068, Uzbekistan
Received:
24 October 2024;
Accepted:
26 December 2024;
Published:
16 January 2025
Abstract:
This article provides a detailed analysis of the main aspects that should be considered when
interrogating a suspect (accused) who has committed crimes against public order, as well as the tactics for
preparing and conducting this investigative action. In particular, based on the specific characteristics of
hooliganism crimes, the article examines the positive aspects of interrogating a detained suspect, the
circumstances that need to be considered in the first interrogation of the suspect and the sequence of actions
required for this, the content of tactical methods used during interrogation, and issues of effective use of special
knowledge in both conflicting and non-conflicting interrogations.
Keywords:
Hooliganism, interrogation, tactics, suspect, accused, psychological contact, detention, testimony,
evidence.
Introduction:
In recent years, our country has been
carrying out extensive work to fully implement the
noble idea of "For Human Dignity," incorporate
international standards in the field of human rights and
freedoms into national legislation, and systematically
and gradually introduce them into the activities of state
bodies. Strengthening guarantees of human rights and
freedoms and ensuring the rule of law, as well as their
implementation in the life of society and every citizen,
have occupied a central place in the domestic and
foreign policy of New Uzbekistan [1].
At the same time, analysis of judicial and investigative
practice shows the existence of tasks related to
ensuring guarantees for the protection of individual
rights and freedoms in criminal procedural relations,
correctly determining the scope of circumstances that
need to be proven for relevant types of crimes, as well
as developing the sequence (algorithm) of investigative
and procedural actions that should be carried out in
relation to them. In particular, in recent years,
shortcomings in the investigation of hooliganism
crimes or the ineffective use of existing tactical
methods by investigative bodies have led to an increase
in unsolved crimes in law enforcement practice,
instances where the guilt of perpetrators remains
unproven, and most regrettably, an increase in the
number of decisions to terminate criminal cases on the
grounds of rehabilitation or acquittal verdicts [2].
It is known that the interrogation of the suspect
(accused) plays an important role in the investigation of
hooliganism crimes. According to the requirements of
the current criminal procedure law, suspects (accused)
have the right not to testify. It is precisely this factor
that indicates the need for special preparation for
International Journal of Law And Criminology
10
https://theusajournals.com/index.php/ijlc
International Journal of Law And Criminology (ISSN: 2771-2214)
questioning this category of individuals, particularly
taking into account their personal characteristics and
paying attention to issues of establishing psychological
contact with them. In this process, the investigator
conducting the interrogation should correctly explain
to the suspect that providing truthful testimony within
the framework of the criminal case will not aggravate
their situation, but rather confessing guilt, sincerely
repenting, actively assisting in solving the crime, and
eliminating the caused damage can serve to release
them from liability or mitigate the punishment that
may be imposed on them, based on the requirements
of current law.
For this, the investigator must first establish proper
psychological contact with the suspect. Therefore, the
issue of establishing proper psychological contact with
the suspect has always been at the center of attention
in criminal procedure theory.
In particular, he paid special attention to the time of
establishing a psychological connection, emphasizing
the need to establish a psychological connection with a
person in the process of identifying questionnaire data
and explaining their rights, and maintaining this
connection even at subsequent stages of interrogation
[3.B-97].
In this regard, A.A. Usmonova, A.N. Norboev [4.B-47-
50] and P.V. Edilova [5.B-29-33] also emphasized the
importance of establishing psychological contact with a
person, and in this regard, before questioning the
suspect, they recommended asking questions that are
not related to the criminal case, including talking about
their interests, friends, relatives, type of activity,
profession, and other topics.
S.M. Trashkova and L.Yu. Eisner emphasized the
importance of overcoming psychological barriers and
noted the need to correctly influence the questioner,
using psychological knowledge, based on their
psychological
characteristics
and
emotional
susceptibility when establishing psychological contact
with the questioner [6.B-62-65].
According to D.V. Parshin, in order to establish a
psychological connection with the suspect (accused)
during interrogation, thorough procedural and tactical
preparation is necessary, part of the tactical methods
used in the interrogation process is planned at the
preparatory stage, and another part is chosen and used
based on the behavior and testimony of the
interrogated person during the direct interrogation
[7.B-145-152].
In our opinion, it is necessary to pay special attention
to the following:
clarifying the circumstances that may be known to the
suspect (accused) through in-depth study of the
materials of the criminal case;
clarifying the issues that need to be clarified during the
interrogation, identifying other sources that may be
aware of the circumstances and facts related to the
case;
determine the scope of circumstances in which the
suspect (accused) can confirm or deny his guilt and
clarify them during the interrogation;
collection of personal information about the identity of
the suspect (accused). That is, it is necessary to pay
attention to his biography, special knowledge, abilities,
specific skills, level of physical and mental development
or defects, temperament, character traits, scope of
interest, type of activity and other aspects;
consult with specialists in the relevant field in cases
requiring special knowledge during the interrogation
process, as well as determine the time and place of
interrogation.
At the same time, in order for the interrogation to be
tactically effective, it is necessary to pay attention to
the following: preliminary preparation of the case
materials; in-depth study of the evidence that can be
presented (witness testimony, victim testimony, expert
opinion, material evidence, audio recordings, video
recordings, films and photographs, protocols of
investigative
actions
and
other
documents);
determination of the time and place of interrogation;
preparation of objects and documents that can be used
during interrogation; preparation of questions based
on the content of the circumstances that
It should be noted that the situation arising during the
establishment of psychological contact with the
suspect (accused) also affects the content of the
tactical methods used during the interrogation.
O.N. Procek recommends correctly evaluating the
characteristics of the questioner, using reliable
information obtained during observation, interviews,
and personal research, and, based on this, choosing
tactical methods that serve to obtain information
relevant to the case [8.B-12-15].
During the interrogation of the suspect (accused), it is
necessary to determine his attitude towards the case
and other participants in the process, his possible
position towards the investigative bodies, establish his
psychological interaction with the investigator, which
should be reliable and even based on cooperation and
not turn into conflicts.
In our opinion, the tactical methods proposed by B.S.
Madrakhimov can be used in all types of interrogation
processes. Because it was B.S. Madrakhimov who
studied the process of interrogating the suspect
International Journal of Law And Criminology
11
https://theusajournals.com/index.php/ijlc
International Journal of Law And Criminology (ISSN: 2771-2214)
(accused) and divided the tactical methods used in the
interrogation process into logical and psychological
groups aimed at influencing the individual. It is
noteworthy that methods of psychological influence
include explaining mitigating circumstances, focusing
on the positive characteristics of the individual,
creating an impression that the investigator has a lot of
information about the crime and its participants, asking
unexpected questions and observing how this affects
him, and using the suspect's dislike of any of the
participants in the crime. As logical methods, a detailed
examination of the testimony of the suspect before the
commission of the crime, during which the details of his
actions during the commission of the crime and
subsequent actions are determined, a logical analysis
of the contradictions in the testimony of the suspect,
partial or complete familiarization with the
circumstances that contradict the testimony of other
participants
previously
interrogated,
and
the
presentation of evidence [9.B-39-40].
During the initial interrogation of the detained suspect
(accused), it is necessary to take into account that he is
experiencing stress, in particular, he may have
experienced panic and depression. It is precisely this
factor that can prevent a suspect from giving false
testimony. At the same time, in accordance with Article
225 of the current Criminal Procedure Code, it is
necessary to ensure his right to meet with the defender
alone before the procedural actions related to him are
carried out [10.B-72, 148].
According to legal literature, questioning a person
suspected of committing hooliganism at the time of
arrest, that is, within a short period of time, serves to
increase the effectiveness of the interrogation [11.B-
55]. Indeed, this opinion is justified in all respects.
Because if the detained person is not interrogated
within a short period of time, he will have a sense of
adaptation to the current situation and a high
probability of refusing cooperation with the
investigative authorities due to the negative influence
of those around him.
In this regard, it should be noted that the requirement
of the law that a suspect should be interrogated no
later than twenty-four hours from the moment of
arrest is tactically appropriate [10.B-148]. In our
opinion, this rule should also be applied when choosing
another measure of restraint against the suspect
(accused).
Criminalistic theory notes that investigative situations
arising during interrogation can be divided into
conflicting and non-contradictory types [12.B-241].
In a non-conflict investigative situation, tactical
methods should be used, aimed at obtaining complete
and detailed information about the situation. These
methods include detailing testimonies, asking
additional questions about forgotten circumstances,
displaying photographs, drawings, or video recordings
of the scene, presenting evidence, and so on. In
addition, he can be interrogated at the scene of the
incident [13.B-34].
In a situation where the suspect (accused) confesses,
the investigator must determine the reason for the
confession and the sources of evidence confirming
these statements. According to the Constitution of the
Republic of Uzbekistan and current criminal procedural
legislation, a person's (accused's) confession of guilt
can only be used as a basis for their guilt if it is
corroborated by a set of other evidence [10.B-76].
In our opinion, when interrogating a suspect, it is
necessary not only to obtain statements about the
committed acts of hooliganism but also to clarify other
issues related to the location of bystanders, the time,
and circumstances of the incident. This method allows
us to involve new witnesses in the proof and establish
other case-related facts, as well as prevents the suspect
(accused) from changing their testimony in the future.
Additionally, if the suspect (accused) provides
information about their accomplices during the
interrogation, it is necessary to verify this information
immediately. If confirmed, measures should be taken
to locate and apprehend other persons who committed
the crime.
Analysis of investigative practice shows that suspects in
hooliganism cases typically voluntarily testify about
certain circumstances while refusing to testify about
others or knowingly providing false information. In our
opinion, in these situations, the investigator should
focus on the suspect's correct testimony regarding the
situation and use the following methods:
utilizing the maximum details of the testimony,
including contradictions within the testimony itself and
the results of investigative actions;
allowing the person being interrogated to fully present
their false testimony for subsequent refutation;
asking the suspect to recount the situation of interest
to the investigation in reverse chronological order;
presenting evidence against the person (e.g.,
surveillance camera footage, expert opinions) and
explaining their significance in the criminal case;
determining the suspect's attitude towards witnesses,
then obtaining their testimony on the facts stated by
these witnesses;
clarifying whether the person being questioned was
previously present at the scene before the crime was
committed. This method helps prevent false testimony
International Journal of Law And Criminology
12
https://theusajournals.com/index.php/ijlc
International Journal of Law And Criminology (ISSN: 2771-2214)
about leaving traces at the scene before the crime
occurred in later stages of the criminal process.
According
to
psychological
literature,
during
interrogation, a suspect (accused) giving false
testimony may exhibit the following signs due to fear of
exposure: sweat drops appearing on the upper lip or
forehead; occasional lip-licking due to dry mouth;
frequent deep breathing; changes in facial color;
appearance of vertical wrinkles on the face; lip-biting;
trembling in the voice; increased blinking; hands
developing "goosebumps"; yawning; occasional
nervous coughing; loss of control over voice timbre and
intonation; and others [14.B-123-130].
Furthermore, analysis reveals that one reason for
ineffective questioning in hooliganism cases is the
investigator's lack of sufficient information about the
incident, the suspect being interrogated, and their
characteristics. As a result, in some cases, suspects
prone to violence behave excessively harshly during
interrogation, causing the investigator to make tactical
or procedural errors. In such conflict situations,
attention should be paid to the following: explaining to
the person being interrogated the importance of
voluntarily confessing guilt and providing accurate
testimony, as well as how excessive rudeness
contradicts their interests; identifying and eliminating
motives for false testimony; convincing them of the
futility of giving false testimony; detailing the
testimony; utilizing positive qualities present in the
interrogated person's personality; creating an
impression of the investigator's complete awareness of
the case circumstances by presenting evidence
confirming the person's guilt; conducting repeat
interrogations when necessary; not disclosing
information known to the investigator but unknown to
the suspect and their defense counsel until necessary;
formulating questions in a sequence that leads the
person being interrogated to unknowingly state the
truth; and others [15.B-88].
In this regard, the tactics proposed by G.A. Pantyukhina
are also noteworthy. In his opinion, when a suspect
refuses to testify, the investigator should explain in
detail that these actions are tantamount to denying the
possibility of proving his innocence, as a result of which
circumstances mitigating his liability may not be
established by studying his arguments during the
investigation [16.B-143].
In legal literature, in such situations, in addition to the
aforementioned tactics, a number of other tactical
methods of interrogation are used
It is proposed to apply. In particular, L.Ya. Drapkin and
V.N. Karagodin emphasized the creation of a strict
working environment, the skillful masking of the
adopted tactical solution [17.B-294]; V.N. Dolinin,
unexpectedly asking questions, creating the impression
that the interviewee does not have sufficient
information about the circumstances of the case,
asking indirect questions aimed at establishing the
truth, changing the pace of interrogation based on the
situation [18.B-8-12]; V.I. Perepilkin and Yu.A. Kuzmin,
"making way for a legend" [19.B-44]; and some
authors, in the shows
they recommended the correct use of contradictions,
the use of the questioner's disagreements with other
participants in the case, and the use of tactical methods
aimed at giving his correct testimony [20.B-33-34].
We cannot say that the opinions of L.Ya. Drapkin and
V.N. Karagodin on the need to apply the tactics of
getting out of a conflict situation by creating a strict
working environment are useful in all interrogation
processes. Because creating a strict working
environment can further complicate the situation
between the suspect (accused) and the investigator,
who are prone to commit violent crimes.
L.Yu. Aksenova points out unconventional methods of
interrogating a suspect (accused) and recommends
conducting interrogation in conditions of music
(musical background) that correspond to the
temperament and emotional characteristics of the
person; when interrogating in conflict situations, the
investigator is completely unaware of the situation, the
questioner needs help; the interrogation is carried out
by several investigators
[21.B-113-114].
In our opinion, we do not recommend using this
method in all cases, recognizing that the musical
background recommended by L.Yu. Aksenova can be
used based on the character of the suspect (accused)
and his mood.
Based on the above considerations and analysis of
investigative practice, we propose to use the following
tactical methods to eliminate conflict situations arising
during interrogation:
use methods aimed at preventing false testimony, that
is, creating a situation that positively affects the
interrogated person, asking questions that clarify
unclear or incomplete testimony of the person,
explaining that it is against the interests of the
interrogated person to give a false testimony or refuse
to give testimony by quoting evidence available in the
case;
to use the positive qualities of the person, that is, to use
the positive qualities of the person being questioned,
to explain in detail that conscience, justice, honesty,
conscientious performance of one's duties, duty,
International Journal of Law And Criminology
13
https://theusajournals.com/index.php/ijlc
International Journal of Law And Criminology (ISSN: 2771-2214)
assistance in the disclosure and investigation of the
crime is a circumstance that alleviates his guilt, etc.);
based on the character and characteristics of the
person being questioned, choose tactics aimed at
obtaining accurate testimony from him, that is, create
a strict working environment during the interrogation,
ask additional questions to clarify the unclear or
incomplete testimony of the suspect (accused), and
present the evidence related to the case in sequence.
When preliminary interrogating a suspect (accused) of
hooliganism, it is necessary to determine the following,
taking into account their specifics:
how the suspect arrived at the crime scene;
what event occurred before the crime of hooliganism,
the victim's inappropriate behavior; why the hooligan
acts were committed against this victim; what behavior
of the victim distinguished him from others;
whether the suspect was previously acquainted with
the victim; if so, what was the relationship between
them;
whether the person being questioned consumed
alcoholic beverages, drugs before committing a crime;
if so, with whom, where, and in what quantity;
whether he suffered from a mental illness; whether he
was registered in psychiatric or narcological
dispensaries, if so, when and for what reason;
what specific actions were taken by the suspect; what
weapons were used; whether the weapon of the crime
was pre-prepared; where the perpetrator obtained the
weapon; whether measures were taken to enhance its
harmful properties; whether the weapon was brought
with him or taken from the scene;
whether the victim resisted the suspect; if so, by what
actions;
what was the attitude of the person being questioned
to the gross violation of public order by his actions, did
he understand it;
what result did the perpetrator intend to achieve by
committing the offense of hooliganism; did he achieve
the intended result?
whether the suspect (accused) himself stopped the
crime of hooliganism or was stopped by the authorities
and other persons, if his actions were stopped by the
authorities and other persons, whether resistance was
shown, if resistance was shown, when and to whom
resistance was shown;
in which direction the person being questioned hid
from the scene of the incident and where he went after
that.
In conclusion, it can be said that the correct choice of
interrogation tactics for the suspect (accused) of
hooliganism and the establishment of psychological
contact with them will significantly increase the
effectiveness of this investigative action.
REFERENCES
Ўзбекистон Республикаси Президентининг 2020 йил
10 августдаги “Суд
-
тергов фаолиятида шахснинг
ҳуқуқ
ва
эркинликларини
ҳимоя
қилиш
кафолатларини янада кучайтириш чора
-
тадбирлари
тўғрисида”ги ПФ
-6041-
сон, 2021 йил 26 мартдаги
“Жамоат
хавфсизлигини
таъминлаш
ва
жиноятчиликка қарши курашиш соҳасида ички
ишлар органлари фаолиятини сифат жиҳатдан янги
босқичга кўтариш чора
-
тадбирлари тўғрисида”ги
ПФ
-6196-
сон, 2023 йил 2 мартдаги “2022 –
2026
йилларга мўлжалланган Янги Ўзбекистоннинг
тараққиёт стратегиясини “Инсонга эътибор ва
сифатли таълим йили”да амалга оширишга оид
давлат
дастури
тўғрисида”ги
ПФ
-27-
сон
Фармонлари, 2020 йил 3 сентябрдаги “Суд
ҳокимияти органлари фаолиятини рақамлаштириш
чора
-
тадбирлари тўғрисида”ги ПҚ
-4818-
сон қарори
Ўрганилган жиноят ишлари бўйича таҳлилий
маълумот.
Маматкулов.Т.Б.,
Джуманов.Ш.Т.,
Тургунов.У.Т.
Криминалистик тактика: Дарслик.Т., 2013.Б. 97.
Усмонова А.А., Норбоев А.Н.. Юридик психология:
Ўқув қўлланма. –
Т., 2006. –
Б. 47
-50.
Эдилова П.В. Тактические особенности
допроса
несовершеннолетного // Евразийская адвокатура.. –
2018. № 4 (35). –
С. 29
-33. https://cyberleninka.ru
Трашкова
С.М.,
Айснер
Л.Ю..
Некоторые
психологические особенности проведения допроса
// Общество: политика, экономика, право. –
2017. №
3.
–
С. 62–
65
Паршин Д.В. О роли и значении тактических
приемов при проведении допроса. // Известия
ТулГУ.
Процюк
О.Н..
Характеристика
допроса
несовершеннолетнего подозреваемого: понятие,
задачи и границы // Государственный советник.
2014. №1 (5). С.
12-15.
Мадрахимов Б.С. Жамоат жойларида содир
этиладиган талончилик жиноятини тергов қилиш:
Ўқув қўлланма. –
Т.: Ўзбекистон Республикаси ИИВ
Академияси, 2014. –
39-40-
Б.
Ўзбекистон
Республикаси
Жиноят
-
процессуал
Кодекси https://lex.uz/acts/111460.
Захаревский В.И. Особенности расследования
хулиганства,
совершаемого
молодежными
группами: Учеб. пособие. М.: ВЮЗШ, 1992. С. 55.
International Journal of Law And Criminology
14
https://theusajournals.com/index.php/ijlc
International Journal of Law And Criminology (ISSN: 2771-2214)
Криминалистика.
Дарслик,
Т.Б.Маматқулов,
И.Астанов ва бошқалар. Тошкент. ИИВ Академияси.
2021. Б
-241
Шакуров Р.Р., Рахимов А. М., Джуманов Ш.Т.,
Тоштемиров Н. ва бошқ. Бир гуруҳ шахслар ёки
уюшган
гуруҳ
томонидан
содир
этилган
жиноятларни тергов қилиш хусусиятлари: Ўқув
қўлланма. –
Т. 2010. –
Б. 34.
Сирлиев Б.Н. , Соттиев И. ва бошқ. Дастлабки тергов
фаолияти психологияси: Дарслик /–
Т.: Ўзбекистон
Республикаси ИИВ Академияси, 2015. –
Б. 123
-130.
Маматқулов Т. Б., Хасанов Ш. Х. Криминалистика:
Чизмалар альбоми. –
Т., 2005. –
Б. 88.
Пантюхина
Г.А.
Тактико
-
психологические
особенности производства допроса на стадии
предварительного расследования Историческая и
социально
-
образовательная мысль. 2018. Том. 10.
№ 1. С. 143.
Драпкин Л. Я. Карагодин В. Н. Криминалистика:
Учебник 2
-
е изд., перераб. и доп. –
М., 2011. –
С. 294.
Долинин В.Н.. Тактика допроса подозреваемого и
обвиняемого
в
конфликтной
ситуации.
/
Электронное
приложение
к
«Российскому
юридическому журналу». 2013. №6. –
С. 8
-12.
https://cyberleninka.ru
Перепелкин В.И., Кузьмин Ю.А. Применение
комплексного подхода в тактике допроса //
Oeconomia et Jus.
–
2017.
–
№4. –
С. 44 (41
-47).
http://oecomia-et-jus.ru/single
Икрамов Ш.Т., Набераев Б.Ф. ва бошқ. Қурол, ўқ
-
дорилар, портловчи моддалар ёки портлатиш
қурилмаларига қонунга хилоф равишда эгалик
қилиш жиноятларини тергов қилиш амалиёти: Ўқув
-
методик
қўлланма –
Т., 2012. –
Б. 33
-34.
Аксенова Л.Ю. Тактические и психологические
аспекты
допроса.
//
Психопедагогика
в
правоохранительных органах. 2019. Т. 24, № 1(76) С.
113- 114. https://cyberleninka.ru
