Published : 2024-11-18

Questioning of a Suspect in the Preliminary Investigation Based on Selected Canonical Legal Premises

Abstract

One of the most challenging aspects of the ordinary in a preliminary investigation is determining whether and when to inform the accused. It is therefore permissible to exclude the activity of interrogation, although this is not mandatory. This issue has not been definitively resolved in legal prescripts and doctrine. The objective of this paper is to provide an explanation of the legal canonical premises that govern the questioning of the accused. This leads to the question of whether and when it is appropriate to interrogate a suspect during a preliminary investigation. The absence of a definitive resolution gives rise to a specific practical challenge. How can the need to collect comprehensive data during an investigation be met while avoiding the necessity of interrogation of the accused? In the absence of interaction between the alleged perpetrator and the investigator, how can the question of their culpability be resolved? The article proceeds to illustrate the canonical legitimacy of the interrogation on the basis of the specific objectives pursued during the preliminary investigation.

Keywords:

preliminary investigation, interrogation, protection of good name, personal dignity



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Roczniki Nauk Prawnych · ISSN 1507-7896 | eISSN 2544-5227 | DOI: 10.18290/rnp

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