The importance of persons assessing and exploiting the specific behaivoural manifestations of persons questioned during juridical hearings

• Author: Gabriel Olteanu
• Position: PhD Reader 'Alexandru Ioan Cuza' Police Academy
• Pages: 243-251

THE IMPORTANCE OF PERSONS ASSESSING AND EXPLOITING

THE SPECIFIC BEHAIVOURAL MANIFESTATIONS OF PERSONS

QUESTIONED DURING JURIDICAL HEARINGS

Gabriel Olteanu

∗

∗∗

∗

Abstract

The author’s intention is to discuss the tactics used in the hearing proceedings

carried out during criminal investigations. The purpose is to enrich knowledge in the field of

legal hearing of persons, aiming at significant modifications for the improvement and better

results of criminal investigations. Interview and interrogation are described. No significant

reform of the judicial system can be achieved without an improvement of inquiry. It is known

that the investigative activity is not a constant one; there are no practical directions to guide

the investigating officers’ behavior or the evaluations made by civil servants.

Key words: juridical hearings, persons behavioral, investigations, justice

Introduction

It is very important to develop collaboration between investigators, experts in

graphoscopy and experts in graphology in order to interpret written statements as well as

other behaviors that may communicate important clues.

Investigative activities are a major concern for society, given their importance, and in

many criminal cases they are the main source of useful information. The fact that all the

efforts of the investigators are directed towards obtaining a concrete result is comforting, but

negligence in the carrying out of investigative activities often leads to errors and mistakes or

different kinds of abuse. Even the scientific discourse meant as an information support is

dominated by a kind of formalism and does not focus enough on practical aspects, most of

which the doctrine avoids dealing with – it is known that often the educational curricula and

university courses dedicate a limited amount of time to scientific speeches and debates.

There is a lot to say about the importance of hearing people in the course of a

criminal investigation, but I only find it necessary to point out here that hearing people is the

work most frequently performed by the judicial bodies and is the approach expected to

provide most of the information needed to carry out an investigation. As nobody has ever

been only interested in quantity – and the judiciary, quite possibly, less than anyone else – the

quality of the information obtained is essential for a just resolution of the case. Therefore, the

question is, in this context, to establish the truth in the case, both overall and separately, in

the hearing of each person, where possible.

By resorting to logical reasoning, we will admit that we may obtain the information needed

to carry out the investigation from a person

1

in two ways: orally or in writing. How to

proceed, if and how to obtain the truth, how can lying be detected, whether to start with

getting a written statement and continue with the oral testimony or vice versa, or to alternate

the two methods, all these are topics of meditation for which no generally valid answer has

been provided yet

2

.

∗

PhD Reader “Alexandru Ioan Cuza” Police Academy

1

A/N – Regardless of the locus standi that one or another of the persons heard have or may acquire during the

course of the trial.

2

See, for example, Gisli H. Gudjonsson – T he Psychology of Interrogations and Confessions: A Handbook,

2003, John Wiley & Sons, Ltd, The Atrium, Southern Gate, Chichester, West Sussex PO19 8SQ, England, p.