Commentary to article 213. Features of interrogation using scientific and technical means in video mode (remote interrogation) The Criminal Procedure Code of the Republic of Kazakhstan

The interrogation of the victim or witness can be carried out using scientific and technical means via video communication (remote interrogation) with their summons to the pre-trial investigation body of the district or region, city of republican significance, capital, on the territory of which they are located or reside. During the remote interrogation, the participants in the procedural action directly perceive the testimony of the interrogated person in a live broadcast.

Remote interrogation is performed in the following cases::

1) the impossibility of the person's immediate arrival at the body conducting the criminal proceedings at the place of investigation (consideration) of the criminal case for health reasons or other valid reasons;

2) the need to ensure the safety of the person;

3) conducting an interrogation of a minor or minor witness, a victim;

4) the need to ensure compliance with the terms of the pre-trial investigation and judicial review of the case;

5) there are reasons to believe that the interrogation will be difficult or costly.

The decision to conduct a remote interrogation is made by the person conducting the investigation of the case on his own initiative or at the request of a party or other participants in the criminal process, or at the direction of the prosecutor, with instructions sent in accordance with the procedure provided for in Article 188 of this Code.

The use of scientific and technical means and technologies during remote interrogation should ensure proper image and sound quality, as well as information security.

The course and results of the investigative action conducted via video communication are reflected in the protocol drawn up by the pre-trial investigation body executing the order, in accordance with the requirements of Article 199 of this Code. The protocol of the remote interrogation contains information about the scientific and technical means of video recording, with the help of which the investigative action is carried out.

The requirements of the interrogated person to make additions and clarifications to the protocol are subject to mandatory execution.

After signing the protocol, it is sent to the person conducting the investigation of the case.

In order to ensure security, a person may, at his request, be interrogated via video link with a change in appearance and voice, excluding his recognition.

Remote interrogation is aimed at procedural economy, efficiency, and shortening the time of pre-trial proceedings when receiving testimony from a witness and a victim. Remote control is allowed only in the cases provided for in paragraphs 1-5 of Part 1 of the commented article. The essence of remote interrogation is that the interrogating person is located in the premises of the body that conducts the investigation of the case, and the interrogated person is in the pre-trial investigation body of the district or region, city of republican significance, capital, on the territory of which he is located or resides. The interrogation is conducted via videoconference in compliance with the requirements for conducting an interrogation.

Remote interrogation can be conducted: 1) by the decision of the person conducting the investigation; 2) at the request of the party (the suspect, his defender, the victim, the civil plaintiff, the defendant, their representatives); 3) at the request of other participants in the process (witness, witness entitled to defend); 4) at the direction of the prosecutor (paragraph 5, part 1, art. 193 CPC).

The person conducting the investigation issues a resolution on the conduct of remote interrogation, indicating the reason and grounds for its conduct. In accordance with the said resolution, the person conducting the investigation sends instructions to the pre-trial investigation body of the district or region, city of republican significance, capital, on the territory of which the person subject to remote interrogation is located or resides, indicating the necessary data (procedural status, surname, first name, patronymic of the person to be summoned, address of his location (accommodation), etc.).

Before starting a remote interrogation, the person charged with conducting it must explain to the interrogated person and other participants in the interrogation the procedure for conducting a video interview and its procedural significance.

The use of technical means and technologies during remote interrogation involves the participation of specialists in this investigative action, who must ensure the proper quality of communication, image and sound, information security, including the reliability of the technical connection from outside interference. Participants in the interrogation should be given the opportunity to ask questions and receive answers from persons participating in the investigative action remotely.

The protocol of remote interrogation must comply with the requirements of art. 199 of the CPC. The protocol, after it is signed by the interrogated person, other participants in the interrogation, as well as the official who conducted the interrogation, is sent along with a corresponding cover letter to the person conducting the investigation.

A person's request for video interrogation with a change in his appearance and voice, excluding his recognition (identification) in order to ensure his safety, must be stated in writing, which is necessary later for the court to verify the voluntariness and validity of such a statement. Since the commented norm establishes that this form of interrogation is conducted in order to ensure the safety of the person being interrogated, a security measure must be taken against the person being interrogated on the grounds and in accordance with the procedure provided for in Articles 96 and 97 of the CPC before the interrogation begins. In the absence of grounds for taking a security measure of the interrogated person, his interrogation cannot be conducted via video communication with a change in his appearance and voice, excluding his recognition.

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Source: The PARAGRAPH Information System Document: Commentary to Chapter 26 of the Criminal Procedure Code of the Republic of Kazakhstan "Interrogation and confrontation" (Suleimenova G.Zh. professor, member of the Almaty City Bar Association)

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