Interrogation tactics with an interpreter

¹ Kuban State Agrarian University, Department of Criminalistics, Krasnodar, Russia
² Campinas State University (UNICAMP), Campinas, Brazil

¹ Corresponding author: asfalea@yandex.ru

Abstract

In holding an investigation in relation to or with the involvement of persons, who do not know or insufficiently know the language of criminal proceedings, it becomes necessary to involve an interpreter in the crime investigation procedure. However, the contemporary investigative theory and practice take into account only one situation, namely the monolingualism of parties to a criminal proceeding. The situation when the investigator and his/her procedural opponent are fluent in different languages is still overlooked by our today’s researchers. The article examines features of the influence of the need to use an interpreter on the interrogation from the point of view of information interaction between the parties. Within the framework of this research, it was substantiated that during the interrogation involving an interpreter, additional tasks, that are not characteristic of interrogation in its classical sense, arise. The groups of communication features of interrogation with the involvement of an interpreter, generated by the difference in the language system, the lack of control on the part of the investigator over the transfer of information between the interpreter and interrogated person, as well as a sharp decrease in the range of tactical techniques suitable for use, were identified. It is proposed to divide tactical techniques during interrogation involving an interpreter into four groups depending on the need to explain the essence of them to the interpreter, as well as the need to prepare an interpreter to participate in their implementation. The article concludes the influence of an interpreter on the tactics of investigative actions, if necessary, to involve him/her to guarantee the linguistic rights of the parties to criminal proceedings, and also offers recommendations for overcoming the tactical difficulties that arise during interrogation.