Tactical particularities of witness interviews in the investigation of violations of labor protection rules
Autor: OSTAVCIUC Dinu , RANGA Nicolai
Data: 2025
Abstract
The interviewing of witnesses in criminal cases concerning violations of occupational safety and health regulations presents a series of tactical particularities, determined by the technical complexity of work activities and the professional relationships existing among participants. The effectiveness of this evidentiary procedure depends on the ability of criminal investigation bodies to adapt interview techniques to the circumstances of each case, ensuring an environment conducive to the free and objective expression of witnesses. The choice of the timing and location of the interview, combined with the analysis of the conditions under which the event was perceived, contributes to increasing the credibility of the statements. This paper highlights the importance of verifying the sources of information provided by witnesses, differentiating between accounts based on direct perception and those originating from indirect sources. It analyzes methods for objectively assessing the reliability of witness statements, including their comparison with other means of evidence or by conducting on-site verifications. Additionally, it addresses essential aspects related to formulating questions tailored to different categories of witnesses: eyewitnesses, workers, technical- administrative staff, as well as members of internal investigation committees or labor inspectors. The conclusion emphasizes that the rigorous application of forensic principles in witness interviewing contributes to the substantiation of evidence and the determination of the legal liability of persons involved in the occurrence of workplace accidents.