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The Risks of Interrogation with the Help of an Interpreter in the Criminal Procedure

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Open Access
|Apr 2017

Abstract

During the criminal procedure, the process of verification includes the reconstruction of past events for the sake of establishing the statement of facts. When it comes to exploring the events in the past, great significance can be attributed to personal evidence. In order to prevent the influencing of the interrogated person, many provisions of guarantee had been established in the criminal procedure. In such an interrogatory situation, the most difficult practical problem is how to word the question so that the interrogation would aim at the exploration of the mind of the witness or accused, and at the helping of the recalling of the memories. During the criminal procedure however, interrogation with the assistance of an interpreter could also result in the communication of the statements of the accused or the witness about their perceptions and original knowledge with modified contents. Another significant factor at interpreter-assisted interrogations is to avoid the will of either the interrogator or the interpreter being projected on the interrogated person, as that would threaten with the witness, the accused, or the interrogated person giving a confession that is different form their original content of consciousness.

DOI: https://doi.org/10.1515/slgr-2017-0008 | Journal eISSN: 2199-6059 | Journal ISSN: 0860-150X
Language: English
Page range: 125 - 139
Published on: Apr 26, 2017
Published by: University of Białystok
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year
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© 2017 Csilla Hati, published by University of Białystok
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.