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The bell rang. Someone unknown to you asks you, introduces himself as a police officer,
FSB or some law enforcement structure of the Russian Federation and invites to a conversation.

What to do and what not to do?

If you are called to the police:

By phone:

1. If possible, put the phone in voice recorder mode and record the conversation. If there is no such function, take a pen and calmly write down your name, position, reason for the call, address where you are called, time and, most importantly, your status, as whom you are called. After that, you should also write down the number from which you were called.
2. They listened and politely and persistently refused (you can't see who is talking on the phone and who is calling. You do not bear any responsibility for failure to appear when the investigator calls.).
3 Ask for the notice to be sent by certified mail. And most importantly, do not explain too much.
4. If the caller insists and says something like: "I am recording the conversation and attach it to the materials of the criminal case" - you answer: "You call my personal number and use personal data. I did not give you the right to use them. You are ready to incur the stipulated responsibility for this? "
5. If the cell number is displayed, you can say: "You are calling from your personal phone. Do you have an agreement with the police to use your personal phone for business purposes? If yes, then send a certified copy, I will read it."

Personally:

Information from the Internet (who wrote it is not known): The witness, the suspect, the accused and the victim are summoned for interrogation by a summons, which is handed to him personally against receipt or transmitted by means of communication. In the case of a temporary absence of the person summoned for interrogation, the summons is handed over to an adult member of his family or transferred to the Administration at his place of work or on behalf of the investigator to other persons and organizations who are obliged to hand over the summons to the person summoned for interrogation.

1. If a policeman comes home to hand over a summons or just to talk. To communicate or not is your decision, but it is better not to talk, since everything can be used afterwards against you, and let the summons be sent by registered mail.
2. It is not necessary to run right away and receive a summons after notification. You have two weeks while it is in the delivery department. A citizen of the Russian Federation summoned for interrogation is obliged to appear at the appointed time or to notify the investigator in advance about the reasons for his failure to appear. You can notify the investigator by phone, fax, telegram. In case of failure to appear without good reason, the person summoned for interrogation may be brought in or other measures of procedural coercion may be applied to him.
3. There must be a power of attorney from the investigator to serve the summons at home. Demand it, if not - closed the door.
4. They can watch two or three chelas near the house all day to hand over, take with fear. Do not be afraid, they will watch for a day or two and the hunt will be lost.
5. They can ask through relatives and close neighbors to transfer, talk with your own so that they do not take anything and do not sign anything.
6. As soon as you have an attorney, they will begin to influence you through him, also without you the attorney will sign and you will not know. Do not believe the ATTORNEY if he tells you: "Calm, we will appeal."

Upon arrest:

1. Must provide a court order.
2. Must draw up a protocol of detention. A copy should be handed over to your hands immediately against signature.
3. In case of refusal to sign the protocol, you will be asked to write an explanation. Can you explain that you are not a citizen of the Russian Federation.
4. There must be a court decision on the drive.
5. Remain calm.
6. Explain less, ask more in writing.
7. In the police, be sure to sign up at the entrance to them in the book of visiting citizens, let them indicate the time and when you go out, put down the time too.

Know one thing, the lawyers in their system, you will have to defend yourself.
And for this I recommend everyone to study not only about the fact that the Russian Federation with all the state. structures is not legitimate, and even how to behave in real circumstances. We must be able to play on their field.

You can be summoned as a witness only after the initiation of a criminal case!

Witness this is a person who may know any information related to the initiated criminal case. Before the initiation of a criminal case, there are no witnesses, but there are eyewitnesses... Based on those used by the legislator in Art. 188 and other articles of the Code of Criminal Procedure of the Russian Federation formulations, an eyewitness cannot be summoned to verify the report of a crime by a subpoena, in which his duty to appear is justified by reference to an article of the Code of Criminal Procedure of the Russian Federation. There is no such article in the RF Criminal Procedure Code.

https://www.youtube.com/watch?v=O6EIcD2LfFE You are summoned to the FSB, the police ... What to do?
https://www.youtube.com/watch?v=6SYLFDIxjIs How to behave during interrogation. Master class from D. Demushkin

Testimony of a living man sovereign
A set of rules for the Sovereign
Questions and answers
SLAVES OF THE SYSTEM (Living and Dead, Part 1)

The New Times instruction: how to behave during interrogation, what rights a witness, suspect and accused have

Oppositionist Ilya Yashin - "regular" of the Investigative Committee of the Russian Federation

Today, none of us can be sure that in the near future he is not destined to be interrogated by the Investigative Committee of the Russian Federation at the address: Moscow, Tekhnicheskiy pereulok, building 2.

The best option is if you are summoned as a witness, they will take from you an agreement not to disclose the secrets of the preliminary investigation, and after several hours of conversation they will be released. And they won't call again. But if your name, God forbid, appears on the list of defendants in Bolotnoye or any other politically motivated case, then after being interrogated as a witness you may be interrogated as a suspect, and then, after being charged, as an accused. Your behavior during these interrogations can determine your future life for many years to come. Therefore, it is so important to know how to behave correctly.

Don't run from the investigator

There is a prejudice that you should only appear for interrogation if you have been handed a summons. In fact, article 188, part 2 of the Criminal Procedure Code of the Russian Federation (Criminal Procedure Code) says: "The summons is handed over to the person summoned for interrogation, on receipt, or transmitted by means of communication means." That is, an investigator who is too lazy to send a summons, because a letter by mail even takes several days in Moscow, summoning you for interrogation by phone, does not violate the law. Another thing is that you have the right to refuse to come "on call" and can demand an official summons.

“If the investigator is a normal person,” says Marina Andreeva, a former investigator and now a lawyer, “you can agree with him at a time convenient for you. If you do not appear for interrogation after several phone calls, then a police officer will come to your work or home with a summons and you will have to obey. "

Lawyer Vadim Prokhorov advises “not to bargain” and come for interrogation after a phone call. “The main thing is to make sure that this is not a joke, to call the phone indicated by the investigator. Better not to shy away from appearing. "

Don't testify against yourself

“The most important thing is that you must understand once and for all,” advises attorney Anna Stavitskaya, “the investigator is not your friend, but your enemy. He definitely needs to get testimony from you in order to build a criminal case. Therefore, be very careful, even if you like the investigator: they know how to make a good impression. We must remember this and not succumb to persuasion. " The summons for interrogation says that you have the right to invite a lawyer with you... Therefore, it is better not to rely on yourself, not to take risks, but to negotiate with a lawyer who will help you communicate with the investigator.

In any case, the witness has the right, according to Article 51 of the Constitution of the Russian Federation, not to testify: “not to testify against himself, his spouse and close relatives”. Another thing is that if during interrogation you are alone with the investigator, then he, an experienced lawyer and psychologist, will be able to confuse you by intimidating you with responsibility for refusing to testify, for knowingly false testimony, etc.

For example, an investigator will ask you a question: "Do you know if the name was on Bolotnaya Square on May 6?" You answer: "I do not know." Then the investigator, taking advantage of your legal illiteracy, will begin to convince you that, according to his information, you are well aware that the name was there. And if you do not confirm this information, then he will be able to attract you for perjury. He will open the Criminal Code in front of you and show you Article 307, in which it is written in black and white that you face liability from a fine (up to 80 thousand rubles) to arrest for up to three months. The same three months of arrest is a "ceiling" under Article 308 ("refusal of a witness or victim to testify"). With this, the investigator will be able to scare you if you mention the 51st article of the Constitution.

“Another thing is that it will be difficult for the investigator to prove that you deliberately refused to testify or gave deliberately false testimony,” explains lawyer Vadim Prokhorov. “The investigator is unlikely to initiate proceedings against you under these articles, especially since the houses of arrest practically do not function in our country.”

But it is quite possible that he will achieve his goal: you will get scared and start answering questions.

“It is absolutely impossible to talk to an investigator without a lawyer,” former inmate Sergei Mokhnatkin * tells about his experience. "The investigator skillfully sets traps for you that are easy for an inexperienced person to fall into."

Lawyer Prokhorov warns: “It so happens that you refuse to testify, referring to Article 51 of the Constitution, and the investigator tells you:“ Why do not you testify, because I am asking a question that has nothing to do with you or your relatives, you are obliged to answer it. " Here the investigator is disingenuous: you cannot mechanically assume that a question, for example, about Uncle Vanya will not lead to you. There are no universal recipes, but not everyone knows how to answer questions correctly and give a minimum of information. Only a lawyer in each specific case can determine which position is better to choose. "

It so happens that a witness goes for interrogations for months, and then suddenly becomes an accused. “An experienced lawyer who watches as interrogations become more and more aggressive, and who also has information, always senses when clouds are gathering over his client,” says lawyer Viktor Parshutkin. “I twice participated in similar cases and in both cases, when the X-hour came, I advised my clients not to tempt fate and go abroad.”

Make an audio recording of the interrogation

Lawyers advise turn on the recorder during interrogation... This is not prohibited by law and can be very helpful if the investigator, for example, threatens you, hints at a bribe (this often happens in "economic" cases) or tries to recruit you. Using the dictaphone recording, you can always complain about illegal methods of investigation and pressure put on you.

After interrogation, the investigator will ask you to sign a non-disclosure agreement on the secrets of the preliminary investigation. If you refuse to give such a subscription, the investigator will call two attesting witnesses and, in their presence, will announce to you that you may be prosecuted (Article 310 of the Criminal Code of the Russian Federation). The sanction is from 80 thousand rubles a fine to three months of arrest. “For divulging the secrets of the preliminary investigation, witnesses are rarely involved,” says lawyer Andreeva. "For lawyers, the situation is much worse: if a criminal case is brought against them, they may be deprived of their lawyer status."

In any case, if investigators are interested in you, think about the future. You should go to a notary and issue a general power of attorney for all your movable and immovable property... Experience shows that if you are arrested, it will be extremely difficult for your loved ones to obtain such a power of attorney in a pre-trial detention center. In order for the head of the SIZO to certify your power of attorney or to invite a notary to the SIZO, you need the permission of the investigator. And he, out of "educational" purposes, can deny your relatives this right for months.

Don't testify without your lawyer

Most searches end with the person being searched being taken away for questioning to the investigator. Imagine: a few hours of search, your apartment is turned upside down, all computers, flash drives, mobile phone have been taken away from you, you are tensely thinking about what may be found in your computer or in your notebooks, they bring you to the Investigative Committee and start with talk to you. “First of all, you must say that you will not talk without a lawyer,” advises Anna Stavitskaya. - The investigator will start telling you: “Why do you need a lawyer? It is not known when he will drive up, give evidence and go home! " Don't be persuaded. Without a lawyer, you cannot give any evidence at all: an ordinary person does not at all understand that any of his words can turn against him. I really want to explain to the investigator that there was a mistake, they say, I'm not guilty, but the investigator will understand and let him go. This is not at all the case: if the investigator starts working, it means that no one will release anyone. From the moment of interrogation, a real struggle begins. You need to be silent and demand that you be given a call to relatives or friends who will find a lawyer for you. The investigator has his own task: to get some testimony out of you in order to "unfold" the case from your words. A classic example is the case of the scientist Igor Sutyagin. If he had not started to testify without a lawyer, there would have been no case against him. Subsequently, the entire charge was based on his testimony. "


Don't trust the state attorney

The twentieth defendant in the Bolotnaya case, Igor Gushchin, was charged in the Investigative Committee, where he was brought after a search. The search began at six in the morning, lasted several hours, and the investigators, taking Gushchin to Tekhnicheskiy lane, did not tell his relatives that he would not return home.

They took away his phone and began to interrogate him as a witness. When he hinted that he needed a lawyer, the investigator reassured him that it would take about an hour until your lawyer arrived, and we would decide everything in 20-30 minutes and go home. “The investigator misled him,” says lawyer Maksim Rachkovsky. - He showed him photographs, which show that Gushchin was at Bolotnaya Square on May 6. He did not deny it. Then the investigator showed him another photo, which shows a guy grabbing a police officer by the uniform. Ilya said that it was not him. But the investigator repeated his question several times, and the exhausted Gushchin, who most of all wanted the interrogation to end as soon as possible, confirmed that it was him. And then the satisfied investigator invited the injured police officers and they identified Gushchin. "

So the interrogation of the witness Gushchin smoothly turned into the interrogation of the suspect Gushchin. The investigator called in a state lawyer. Then the detainee was charged, he confirmed everything, and in the end he wrote a frank confession. Only in the evening was Gushchin allowed to call home. The relatives turned to Rosuznik, they found a lawyer for him. After the court stamped the arrest, Gushchin was placed in a pre-trial detention center, and at the very first interrogation, already with his lawyer, he said that he had given his previous testimony under duress. But this is unlikely to matter for the court, because at the first, confessionary testimony, a state lawyer was present.

“Lawyers appointed by the state, as a rule, are in cahoots with the investigation,” says Anna Stavitskaya. - Therefore, you cannot agree to them. They will not help you, but, on the contrary, will give advice that is beneficial to the investigation. "

Be wary of the investigator

Alexander Margolin, who was brought to the Investigative Committee after a search on February 20, was more fortunate than Ilya Gushchin. As soon as the investigator took him away for questioning, his wife started sounding the alarm. She contacted Rosuznik, and lawyer Anna Polozova was already at the Investigative Committee two hours later. She called the investigator, informing him that she had a warrant to protect Margolin. At this time, Margolin was already being interrogated in the presence of a public defender. He was identified just as quickly by a police officer.

“Margolin told the investigator that he was at Bolotnaya and told how he was dressed,” says lawyer Anna Polozova. - During the identification, two people were put next to Margolin, both of them are ten years younger. And of course the policeman identified him. I would never let that happen. This whole operation was thought out in advance: as soon as the identification was over, the state attorney gave Margolin his mobile phone so that he would call his wife. My wife gave him my phone number. He called me". Polozova persuaded Margolin to abandon the initial testimony. Now she will appeal against the actions of the investigator. And operatives go to Margolin in the IVS. They invite him to admit his guilt, reminding him that he has two small children.

It has long been known that someone else's experience does not teach anyone anything. But still, there are rules that you should follow: no matter what status you are in - a witness or an accused, you should not testify without a lawyer you trust. If you cannot get his summons, refuse to testify. If you are a witness, then refer to the 51st article of the Constitution. If you are the accused, refer to the 47th article of the Criminal Procedure Code. Under this article, you also have the right to refuse to testify.

And do not trust the investigator who will persuade you to testify and promise to ease your lot. “There is a special clarification of the Plenum of the Supreme Court,” says lawyer Dmitry Agranovsky, “where it is said that refusal to testify should not worsen the position of the accused. The investigator cannot influence your fate. Remember the case with Maxim Luzyanin. I know that even the investigators who worked with him were shocked that he was given four and a half years *. They promised him something. But the promises of the investigator are worthless... In political trials, investigators cannot influence the final decision on a case. "


photo: Alexander Vainshtein / Kommersant, ITAR-TASS

But how, after all, you should be summoned for interrogation? In order to answer this question, it is enough to open the Criminal Procedure Code of the Russian Federation, article 188, which is called the procedure for summoning for interrogation. In this article, it is indicated in black and white that the call should be made by subpoena or by means of communication.

Now, in order, what is the agenda? This is an A4 sheet that comes by mail in an envelope. The summons indicates when and where you need to appear, as well as the consequences of failure to appear, this is a drive or a pecuniary penalty. The summons also states that in the case of a valid reason for not appearing, you need to notify the investigator about this, most often the phone number is indicated by which you need to inform about the reason for not appearing.

A good reason for not showing up may be illness, but in this case, be ready to provide a certificate from a doctor, as well as remoteness and problems with transport, and therefore you cannot arrive on time on time. One of the good reasons is the death of a close relative. The reason for a valid non-appearance cannot be employment at work, the employer, upon presentation by the employee of a summons, must release him from his duties. The working time that you will spend when you appear before the investigator may not be paid by your employer because you were absent from work. In this case, the employee must receive monetary compensation from the federal budget.

If you do not appear when summoned without good reason, upon receipt of two summons, the investigator issues an order on the summons, i.e. you will be forcibly taken to the preliminary investigation authorities. But there is one thing, the drive will be legal if the investigator has information confirming that the summons was handed to you, usually this is your signature on the spine upon receipt. If you did not receive summons against signature, then you were not properly notified and you cannot be forcibly delivered. At the expense of the monetary penalty, I think everything is clear, it will be collected depending on the amount of your salary by order of the investigating judge at the request of the investigator.

Also in Art. 188 of the Code of Criminal Procedure of the Russian Federation states that the summons can be transmitted to a person using communication means. If you read the comments to the Criminal Procedure Code of the Russian Federation, then in addition to the good old mail, we can be notified by fax, telephone message and by telephone. But these are just comments to the RF Criminal Procedure Code, this is not the official text of a normative legal document. Tomorrow someone will release their comments and add whatever is new. In addition, when using the means of communication, the investigator does not have the main thing, this is confirmation, in the case materials, that you received the summons. For example, they called you, they told you where, what time to come, you didn’t come, you called again, you didn’t come again. In this case, if the investigator issues an order on the drive and you are delivered, then the actions of the employees will be illegal, because there is no confirmation that you were properly notified. They will tell you that they called you, but you never know who could call you, and anyone else could answer your phone. The same is the case with facsimile communication and telephone messages. Therefore, with such a notification, there is no confirmation in the case that you were notified, this is a gap in our legislation. The only thing that remains is the good old summons against receipt, therefore, if you received it or come at the appointed time, or notify about failure to appear if there is a good reason. Therefore, if you failed to come to the investigator, then there is nothing to worry about. Demand that you are duly notified, then it will be possible to receive monetary compensation from the federal budget for the time spent. After all, the interrogation may drag on for more than one hour, and then there may be some other investigative actions with your participation. It's up to you how to respond to a phone call from an investigator who asks you to come, you can come, or you can wait for a summons to be signed.

Our entire law enforcement system is like a machine and it will use all its levers of influence until you testify, especially if you are an important witness.

From all of the above, it follows that, in spite of the way in which you were notified that you need to appear, the easiest way is to decide by telephone with the investigator and the time convenient for you and him, and then appear to testify.

Advice, after you are interrogated, read the interrogation carefully and if there are any inaccuracies, ask them to correct them, because interrogation implies that everything is included in it as you say.

Related Posts:


Testimony is one of the most compelling evidence of guilt, or, conversely, of a person's innocence. In some cases, the detailed testimony of just one person is sufficient to draw a conclusion about the person's involvement in certain events. It is believed that the story of an outsider eyewitness is the most objective information, because the accused and the victim are inclined to distort the incident in their favor to a certain extent. A passer-by or another random person, on the contrary, is not interested in the outcome of the case and can provide the investigation with reliable information about the crime. How is the interrogation of a witness conducted, does he have rights and obligations, can he refuse to testify at all? Read about this in our article.

Criminal witness

The procedural status of a witness is determined by Article 56 of the Code of Criminal Procedure of the Russian Federation, it is considered a person who knows certain information about a case, an event and who can tell the police about it. Such a person is not necessarily an eyewitness, it may also be the one who became aware of the incident from someone else's words.

Example # 1... For the third month now, law enforcement agencies have not been able to establish who committed the murder of a man in a trading warehouse. And now, after a long time, a witness Petrov was found, who said that in one of the companies an unfamiliar guy named Cyril was boasting about his "trademark" blow. Kirill told how one night at night he knocked on the storehouse, where there was only one guard, who refused to let him in. Cyril broke down the door and knocked down the guard with two blows, after which he took some goods and left the warehouse. Petrov knew that an investigation was underway on the murder of a security guard at the warehouse, therefore, having compared the facts, he reported what he had heard to the police. He was not an eyewitness, but thanks to his story, Kirill was detained and brought to justice.

We are used to thinking that witnesses help the investigation. At the same time, this is not always the case: in certain cases, citizens give testimony opposite to the prosecution, they are usually called defense witnesses. According to the criminal procedure legislation, a lawyer has the right to involve in the investigation those who provide information in favor of the defendants.

Not everyone can become a witness in a criminal case. So, part 3 of Art. 56 of the Code of Criminal Procedure of the Russian Federation provides that it is prohibited to interrogate as witnesses:

  • a judge, as well as a juror - on those issues that are related to the case in which they took part;
  • lawyer or representative, public defender of the accused - about the circumstances of the charge. An exception to this rule may be the request of the lawyer himself to interrogate him on certain issues related to the position of the defendant;
  • a minister of the church - on issues related to information that was communicated to him in confession;
  • a member of the Federation Council or a deputy of the State Duma in cases where they do not agree to give explanations and are interrogated for the circumstances of their service;
  • from the beginning of 2016, an arbitrator (the so-called arbitrator) cannot be questioned as a witness about the facts that became known to him in the course of the arbitration proceedings.

In addition to the requirements of the Criminal Procedure Code of the Russian Federation, it is necessary to take into account the rules of a number of federal laws on certain persons who hold public office. So, without the consent or without special permission of the Ministry of Foreign Affairs of the Russian Federation, persons who have the right of diplomatic immunity cannot be interrogated. According to a similar rule, the Commissioner for Human Rights is not interrogated without consent.

Request for the examination of a witness

Both the victim and the accused (suspect) can bring their witness for interrogation. So, if you want a certain person to be questioned in the case, you can bring him to the police yourself to testify, the same can be done by your lawyer, if, for example, you are the accused. The law does not prohibit making an oral request to the investigator to interrogate any person, and, as practice shows, the investigating authorities almost always go to a meeting.

At the same time, if the investigator (interrogator) does not want to involve your witness in the case, considering that there is already enough evidence, we recommend that you apply with a written request to interrogate a certain person. The police will be forced to issue a formal decision to grant such a request or to refuse (in the second option, you will have confirmation that you immediately tried to present your evidence, but the investigator rejected it for far-fetched reasons). In addition, if the decision is not in your favor, you can appeal it in the manner prescribed by Art. 125 of the Code of Criminal Procedure of the Russian Federation, to the court.

So, an approximate sample of the application:


Malinin K.G.
Pivovarova K.Sh., victim in case No. 10101010101
(This data is sufficient, since all the information about your phone number, place of residence, etc. is already in the case. If you do not know the case number, you can indicate the nature of the crime: for example, "in a fraud case").

Petition
On summoning and interrogating a witness

I ask you to summon and interrogate as a witness A.M. Nikulina, who lives in the village. Kalinovka Krasnodar Territory, per. Embankment, 3 (it is very good if you know the place of residence of a potential witness, otherwise it will be difficult to summon the person. The impossibility of establishing the whereabouts of a person is a frequently used ground for refusing to grant a petition).

Nikulina A.M. can explain the events that took place in November 2017, when the accused Morozov L.D. by deception he took possession of my money in the bank account. She was present at the execution of the power of attorney and deception by L.D. Morozov. In addition, L.D. Morozov forced Nikulin to issue a power of attorney for him to manage her deposits. Nikulina can tell the investigating authorities about these circumstances (in the application, you should justify why you are asking to interrogate this or that person. No details are needed - 2-3 sentences are enough).

Based on the foregoing, guided by paragraph 5 of part 2 of Art. 42 of the Criminal Procedure Code of the Russian Federation (these norms provide for the right of the victim to file a petition),

In the criminal case against L.D. Morozov summon and interrogate as a witness A.M. Nikulina, who lives in the village. Kalinovka Krasnodar Territory, per. Embankment, 3.

Victim Pivovarova K.Sh., number, signature

Such a petition should be handed over to the police station on duty or to the office, a copy with a mark of acceptance should be kept for yourself. Alternatively, you can send it by registered mail. Based on the results of consideration of the petition, the investigator within 3 days is obliged to issue a resolution to satisfy or refuse to satisfy the petition.

Summons - summoning for interrogation as a witness

Before the initiation of a criminal case, the status of the person from whom the explanation is taken is not defined. Subsequently, the protocol of the interrogation (not to be confused with the interrogation), which was drawn up by the operational police officer or the district police officer, is often not even provided as evidence of the culprit's guilt. Surveys and explanations are selected from citizens as part of the verification of allegations of crime in order to confirm or exclude the grounds for initiating a criminal case.

Only after the investigator or interrogator has issued a decision to initiate a case, any person who is interrogated by officials has a certain status: it is a victim, an accused or a witness.

In order for the investigator to interrogate a person as a witness, he is summoned. What is an agenda? This is a special form that is filled out by an official. It states:

  • the place and time of the alleged interrogation (as a general rule, the protocol is drawn up at the place of investigation, that is, in the investigator's office);
  • Full name of a law enforcement representative, his position and rank (in practice, the latter is not always indicated). Interrogation can be conducted by an investigator or an interrogator; in exceptional cases, strictly on the written instructions of the investigator, the interrogation can be carried out by the operational police officer (for example, if necessary, caused by the remoteness of the location of the witness);
  • The full name of the person called, as well as information about the status in which it is planned to involve the person in the case. For example, the summons may contain: “it is necessary to appear for questioning as a witness in a criminal case”. The details of the case (including what corpus delicti, etc. may not be indicated.

The summons can be sent either by registered mail or by ordinary mail - the law does not regulate compliance with the form of notification of attendance. In addition, the notification can be personally handed over to the person who needs to be questioned about the circumstances of the case, against signature - this is the most desirable form of notification, since the person is deprived of the opportunity to refer to the non-delivery of correspondence to him.

It is not forbidden to notify a potential witness about the need for interrogation at the place of work, by handing a summons to the employer for transfer to a potential witness.

If a minor is summoned, the summons is transmitted through the parents (legal representatives), who are invited to be present during the procedure for drawing up the protocol.

Is it possible to ignore the summons and not appear before the investigator if you received a summons? We do not recommend doing this, since the criminal procedure law contains the duties of a person who has been assigned the status of a witness, failure to comply with which entails liability.

Obligation to appear

The first and foremost duty of a witness is to appear for questioning upon summons. In the summons, the investigator must reflect information on the possible responsibility of the person in case of failure to appear for interrogation as a witness.

Thus, the investigator has the right to subject a witness to a police custody if circumstances have been established that indicate a deliberate evasion from the appearance for interrogation.

The drive consists in the forced delivery of a person to the department, about which a separate resolution is issued, which indicates the name of the person, his place of residence and the purpose of delivery (investigative action - interrogation). The functions for the implementation of the drive are performed by the inquiry bodies - the district police officer, the operational police officers, the interrogator. Adolescents under 14 years of age and pregnant women, as well as persons suffering from serious illnesses, cannot be driven.

In addition to the drive, the Criminal Procedure Code is allowed to apply the following coercive measures:

  • obligation to appear- presupposes a written obligation of a person not only to appear at all calls of a police officer or an investigative committee, but also a prohibition to change his place of residence without notifying the investigating authorities;
  • pecuniary punishment... The investigator shall have the right to draw up a protocol on the failure of the witness to fulfill the obligation to appear when summoned. The protocol is sent to the court for the imposition of a penalty. The judge, within five days, examines such a protocol and makes a decision to recover a certain amount from the violator to the state's income. Usually, the courts agree with the request of the investigating authorities and award the irresponsible witnesses 2,500-5,000 rubles, if no valid reasons for failure to appear are established.

Note that there is little judicial practice on imposing penalties: to a certain extent, this is due to the fact that investigators simply have no time to deal with additional paperwork in court. In addition, law enforcement agencies have quite extensive powers to force the delivery of the necessary persons, actively and successfully use the drive.

What if you were not summoned by a summons, but by phone? In theory, this is not an official challenge and you can ignore it. But everything should be weighed here: if you are not opposed to providing assistance to the investigation, you can do this by verbal invitation, without insisting on an agenda. If for some reason an official challenge is fundamental for you, then you are not obliged to meet the officials halfway.

You cannot refuse to testify

A witness is always warned about criminal liability for refusing to testify. For example, if he does not evade the appearance, came to the investigator at the appointed time, but does not want to give explanations, then he can be prosecuted under Art. 308 of the Criminal Code of the Russian Federation with the imposition of a penalty in the form of a fine of up to 40,000 rubles, as well as in the form of correctional or compulsory labor.

Example No. 2... Vasiliev N.P. received a summons to appear for questioning as a witness in a criminal case, and in good faith came to the police department at the appointed time. He guessed that he would be asked about the machinations initiated by his colleague at work during the bidding and public procurement. But he was not asked about this: the investigator brought to the attention of N.P. Vasiliev that he had been brought in as a witness in another criminal case. His friend Kozin, accused of robbery, was brought to justice. Vasiliev was not ready for such a turn of events, and despite the fact that he knew something about what had happened and was warned of responsibility under Art. 308 of the Criminal Code of the Russian Federation, he flatly refused to testify about Kozin - he was afraid to say something that could later turn against his friend. The investigator drew up a report, to which he attached a copy of the interrogation protocol with Vasiliev's refusal reflected in it, he was subsequently convicted under Art. 308 of the Criminal Code of the Russian Federation, he was assigned correctional labor for 6 months.

There are exceptions to the general rule: it is not always possible to prosecute for refusing to testify. Thus, a witness may, on completely legal grounds, refuse to testify against himself, his spouse and other close relatives, which include:

  • parents;
  • children;
  • adoptive parents;
  • adopted children;
  • siblings;
  • grandparents;
  • grandchildren.

The specified list of persons in respect of whom it is possible not to give any evidence is exhaustive. Often, in practice, disputes arise as to whether it is possible to refuse to testify if they concern a common-law spouse (spouse), that is, in fact, a close person with whom an official marriage has not been concluded. It is considered that such situations do not fall under the exception and the witness cannot use the rule exempting him from the obligation to provide information in a criminal case.

If the person being interrogated nevertheless agrees to testify against the above-mentioned persons, he must be warned that everything said by him can be used by the investigating authorities, including in the event of refusal to testify in the future.

Example No. 3... Boev P.R. in the presence of a family friend, Podenov K.N. beat his wife, causing her moderate injury (bruise and dislocation of the arms). Boeva ​​R.G. wrote a statement to the police with a request to initiate a criminal case, as she wanted to punish her husband because of the constant beatings and humiliation, Podenov, an eyewitness, also testified. Subsequently Boeva ​​R.G. decided to withdraw the statement and changed the essence of her testimony: now she said that she herself brought her husband, insulting him with offensive words, while receiving bruises from falling to the floor. The witness also changed his testimony, seeing that the couple made up. Despite this, the court took into account the previous explanations of the victim and Podenova, noting that they were given voluntarily and they were warned about the possibility of using them as evidence of Boev's guilt. The court regarded the new position of Boeva ​​and Podenov as a consequence of the reconciliation of the spouses.

In some cases, the witness, despite the threat of being brought to justice, refuses to talk about the circumstances of the crime out of fear for his life.

Witness Protection Act

Recently, investigators are increasingly using the provisions of this law. Today, we can say that the mechanism for protecting persons who incriminate criminals has been worked out and is being successfully applied in practice.

So, if you are summoned for interrogation, but at the same time you fear pressure, threats from the accused, his relatives and friends, fear for your children, etc., you must inform the investigator about this in writing, who is obliged to take protective measures in accordance with Federal Law No. 119-FZ. Such measures can be:

  • personal security (escort by a police officer, can be both public and private. Security of property and home with round-the-clock supervision can also be carried out);
  • issuance of special equipment (for example, a special means for emergency communication with the supervising police officer);
  • ensuring the confidentiality of information about the witness (relevant when his full name is not yet known to the criminals);
  • relocation to another place (an extreme measure, it is rarely used and only in especially complex cases, often when crimes are committed by an organized group or a criminal community);
  • replacement of documents (an exceptional measure applied due to the high danger to human life);
  • change in appearance (practically not applied);
  • change of place of work or study;
  • temporary placement in a safe place (such a measure is used quite often: the protected person moves to rented or service housing, where he stays safe during the investigation).

State protection can be offered not only to the witness himself, but also to his relatives and friends who are somehow involved in the illegal behavior of criminals.

Example No. 4... P.R. Grekov became an eyewitness to the brutal kidnapping of a child with subsequent ransom. During the investigation, the abductors were taken into custody, except for one accomplice, who remained at large and through his friends influenced P.R. Grekov. So, the offender found out the address of the witness's place of residence and every day met his minor son from school, through whom he transmitted threats of beating and even murder. P.R. Grekov wrote a statement addressed to the investigator, not only he himself, but also his underage son was taken under protection - both of them were provided with round-the-clock security.

All measures provided by law are applied by order of the investigator, approved by the head. Protection is carried out by employees of the internal affairs and security bodies free of charge, at the expense of the federal budget (including accommodation, meals). Also, in some cases, financial assistance can be provided.

Other rights of a witness

In addition to the opportunity to use state protection, a witness has other rights. Knowing them will help you feel more confident during interrogation:

1. Ability to use records and documents... You have the right to bring with you to interrogation any written documents that can help you give a clearer explanation, refer to the date of agreements, contracts, etc. First of all, advice on the use of written records will be needed by persons who have been summoned for cases of an economic nature, for fraud, theft, etc.

2. The right to declare the need for photo and video filming... When a person who is asked to give evidence doubts the integrity of the investigating authorities and wants to record the interrogation procedure on video, he has the right to ask the investigator about it (orally or in writing). As a rule, such requests are satisfied by law enforcement agencies.

3. The right to tell about famous events in your own language... If a witness claims that he does not speak Russian, the investigator is obliged to provide him with an interpreter who will translate free of charge not only the content of the protocol itself, but also an explanation of the rights and obligations.

In practice, there are moments when a person has been living on the territory of Russia for a long time, speaks in Russian, but does not know special terms and does not own complex phrases, has a very limited vocabulary. If the investigator becomes aware of such linguistic nuances, in this case, an interpreter must be provided. Otherwise, the subsequent interrogation of the witness may be recognized by the court as inadmissible evidence.

What if an interpreter is provided, but the witness does not understand him?

Example No. 5... KE Batyrov, an Avar by nationality, was interrogated by a police investigator in one of the cases. Batyrov immediately asked to provide him with an interpreter, since he said that he did not fully understand Russian. The translator provided to him was also Avar, but he knew the Avar language with a certain dialect that Batyrov did not understand. He exercised his right to declare this situation in writing and was subsequently provided with another interpreter.

Thus, each person has the right to testify in their own language and to use the services of an interpreter.

4. Interrogation with the participation of a defense lawyer... Often a person is invited to the police department as a witness, but immediately he can be brought in as a suspect. Unfortunately, this practice exists and is quite widely used by the investigating authorities.

If you are somehow involved in a crime, are worried that you may be prosecuted, it is better to immediately appear for interrogation with a defense lawyer. If you came for interrogation alone and the investigator announces to you that there are suspicions of involvement in a crime, file a written request to call a lawyer. Of course, care should be taken in advance that the lawyer is in touch and is not busy with other matters, since his failure to appear does not interfere with the interrogation procedure.

5. An interrogation cannot last more than 4 hours without a break... If there is a need to continue the procedure, then the law allows this to be done only after at least an hour's break with eating. The total interrogation time per day should not exceed 8 hours (for medical reasons and with a written doctor's recommendation, the deadline may be less).

6. The law determines that interrogation of a person is not permissible at night, that is, from 10 pm to 6 am... Failure to comply with this requirement is possible only with the written consent of the person being interrogated. A witness invited for interrogation at night has the right not to give such consent, then the investigative action will be postponed until the next day.

7. It must be remembered that threats of violence or adverse legal consequences from the police are unacceptable., about such actions, you need to write a complaint to the prosecutor's office and refer to the requirements of Art. 9 of the Code of Criminal Procedure of the Russian Federation on respect for each participant in a criminal case.

8. The witness has the right to apply for reimbursement of expenses associated with the need to appear for interrogation... For example, if the stay in the police department has been prolonged and the citizen, in this regard, has received less salary at the place of work; if he had to go to the police from the village and rent an apartment in the city for 1-2 days; if there were expenses for the purchase of a ticket for intercity transport. For reimbursement of expenses, the following petition should be written to the name of the official conducting the interrogation:

Investigator of the district police department No. 3 of Krasnodar
Malinin K.G.
Nikulina A.M., living in
with. Kalinovka Krasnodar Territory, per. Embankment, 3,
witness in criminal case No. 10101010101

Petition
On reimbursement of expenses associated with the appearance at the place of interrogation

I am asking you to issue a decision to reimburse me for the costs incurred associated with the need to appear at the police department No. 3 of Krasnodar to testify as a witness in the case against LD Morozov.

In connection with the summons (a summons indicating the date and place of the interrogation is attached) I incurred the following expenses:

  • a ticket dated 02/01/2018 for a regular bus from Kalinovka village - Krasnodar, costing 400 rubles;
  • a ticket from 02.02.2018 for a regular bus on the route Krasnodar - s. Kalinovka, worth 400 rubles;
  • a receipt for payment of one day's stay from 02/01/2018 to 02/02/2018 in the Kuban economy hotel in the amount of 1200 rubles;

Total - 2,000 rubles.

Based on the foregoing, guided by paragraph 5 of part 4 of Art. 56 of the Criminal Procedure Code of the Russian Federation (the right of a witness to file motions and lodge complaints),

Reimburse me, Nikulina A.M., who lives in the village. Kalinovka Krasnodar Territory, per. Naberezhny, 3, expenses incurred in the amount of 2,000 rubles, transfer to my account 000000000000000000000000000000, opened in the branch 62626/00 of PJSC Sberbank of the Russian Federation, BIK0000000.

Appendix: a summons to appear on 02/01/2018, two tickets for a regular bus (round trip), a receipt for hotel payment.

Nikulina A.M., number, signature.

Based on the results of the consideration of such a petition, the investigator must, within three days, issue a decision on reimbursement of expenses (paid from the budget) or on the refusal to satisfy the petition. If you disagree, the decision can be appealed in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation to the district court.

Interrogation procedure

The criminal procedure legislation contains recommendations on how an interrogation of a witness should be carried out:

  1. The investigator is convinced of the identity of the person who has appeared for interrogation. So, he has the right to ask for an identity card, passport, driver's license to make sure that he is in front of him who was called. The law allows that it is possible to interrogate a citizen not only in the police, but also at the place of residence, work and in other places (for example, in a hospital).
  2. The person who appears is explained the rights and obligations that we have already indicated earlier (the obligation to testify, the right not to testify against himself or his loved ones), as well as responsibility under Articles 307, 308 of the Criminal Code of the Russian Federation.
  3. Before the interrogation begins, the witness may be warned in writing about non-disclosure of the secrets of the investigation. Such a warning is not used by law enforcement agencies in all cases. The observance of confidentiality acquires the most urgent importance in criminal cases of crimes against sexual inviolability, crimes against minors, etc. In case of violation of such a subscription, the citizen may be held liable under Art. 310 of the Criminal Code of the Russian Federation for disclosure.
  4. The investigator announces the form in which the interrogation will take place, it depends on the tactics chosen by the official:
    • in the form of a question-answer;
    • in a free story;
    • with the provision of documents and questions on them for review;
    • the use of video recording or photography;
    • with the participation of a specialist, etc.
  5. All that has been said is literally filled out in the form of the protocol, with which the interrogated person gets acquainted. If everything is correct, the witness affixes his signature on each sheet. If there are any comments to the protocol, they must be declared in writing by putting a corresponding mark.

Example No. 6... Anna P. testified as a witness in a case involving two twin brothers, Peter and Vasily. From start to finish, she saw how her husband was beaten and told the investigator in detail which blows were inflicted by Peter and which by Vasily. After reading the interrogation protocol, the woman pointed out inaccuracies in the text: three blows to the head were inflicted not by Vasily, but by Peter. She wrote down these shortcomings with her own hand at the end of the interrogation, the investigator certified the clarifications with his signature.

Thus, making additions and comments is permissible only immediately after reading the protocol. Adding records later (after a few days or even months) is unacceptable, it can be regarded by the court as falsification of evidence. If the witness, for some reason, believes that he did not tell everything or reproduced the events inaccurately, he can write to the investigator a request for additional interrogation (the form is approximately the same as the sample on behalf of the victim K.Sh. Pivovarova, which we presented to your attention in this article).

The witness has the right to refuse to sign - in this case, the refusal is certified by the signatures of the attesting witnesses and the investigator, as well as other persons participating in the investigative action.

Interrogation protocol

How is the witness interrogation protocol drawn up? All actions that were carried out on the spot are recorded in the protocol: video, photography, participation of a specialist, calling an ambulance (for example, if a witness became ill), breaks, etc. Usually the protocol looks like this:

PROTOCOL
questioning a witness

(place of compilation)

(position of investigator (head of the investigative body, interrogator),

class rank or rank, surname, initials)

(which one)

(when and by what court was convicted,

(signature) (initials, surname)

(procedural position, surname, name, patronymic of each person,

(which ones)

Before the start of the interrogation, I was explained the rights and obligations of a witness, provided for
h. 4 tbsp. 56 of the Code of Criminal Procedure of the Russian Federation:

1) refuse to testify against himself, his spouse (his wife) and other close relatives, the circle of which is determined by paragraph 4 of Art. 5 of the Criminal Procedure Code of the Russian Federation. If you agree to testify
I have been warned that my testimony may be used as evidence in a criminal case, including in the event of my subsequent rejection of this testimony;

2) to testify in my native language or in a language that I speak;

3) use the help of an interpreter free of charge;

4) declare a challenge to the translator participating in the interrogation;

5) submit petitions and lodge complaints about actions (inaction) and decisions of the inquiry officer, investigator, prosecutor and court;

6) appear for interrogation with a lawyer in accordance with Part 5 of Art. 189 of the Criminal Procedure Code of the Russian Federation;

7) apply for the application of security measures provided for in Part 3 of Art. 11 of the Criminal Procedure Code of the Russian Federation.

On criminal liability for refusing to testify under Art. 308 of the Criminal Code of the Russian Federation and for giving deliberately false testimony under Art. 307 of the Criminal Code of the Russian Federation has been warned.

(signature) (initials, surname)

On the merits of the criminal case, I can show the following: I speak Russian fluently, I do not need the services of an interpreter. I live at the above address alone.

I want to clarify that Ksenia Shaganovna Pivovarova lives next door to me, who comes to the village only on weekends, works as a watchman in Krasnodar and lives there during her work. Ksenia has been my friend for 25 years now, we are both widows. Pivovarova told me that our mutual friend L.D. Morozov, born in 1954, constantly calls her and asks to issue a power of attorney for him to manage the deposit, allegedly he will double the percentage of income on the deposit.

Once Morozov L.D. I came to Ksenia's home in the village of Kalinovka, no. 4, I was just visiting her. With me Morozov L.D. assured Pivovarova that after issuing the power of attorney, the percentage of income on her deposit would be greater. He convinced her that the funds would not go anywhere from the account. For me, this seemed suspicious, especially since the same scheme of Morozov L.D. earlier he offered to me too, but I refused, saying that I had no savings.

A few days after Pivovarova issued a power of attorney for L.D. Morozov, we went with her to a bank branch in Krasnodar, where we were told that there was no money in the account, they were withdrawn by power of attorney L.D. Morozov.

We see that the text of the interrogation is composed in a free story - that is, the witness tells everything that he considers necessary, she is not interrupted. Meanwhile, the investigator often clarifies certain points by asking questions. Both the question and the answer should be reflected in the protocol:

Investigator K.G. Malinin's question.: Do you know what amount was on the account of K.Sh. Pivovarova, how much was stolen?

Reply of A.M. Nikulina: Ksenia said that she had 120,000 rubles in her account, and this entire amount was stolen.

Investigator's question: When you went to the bank with Pivovarova, can you name the date?

Reply to A.M. Nikulina.: I don't remember exactly, I think it was at the end of November 2017.

(signature) (initials, surname)

(procedural

position, surnames, initials)

(did not enter, entered, their content)

(signature) (initials, surname)

(signature) (initials, surname)

(personally or aloud by the investigator (head of the investigative body, interrogator)

(signature) (initials, surname)

(signature) (initials, surname)

If the investigating authorities deem it necessary to interrogate A.M. Nikulina again, a protocol of additional interrogation of the witness will be drawn up. In addition, a confrontation can also be carried out - an investigative action, where the so-called "cross-examination" of two persons is carried out, between whose previous testimony contradictions are seen.

If the witness lies

As we already wrote, before interrogation, the witness is warned about criminal liability under Art. 307 of the Criminal Code of the Russian Federation for knowingly giving false testimony. In what cases can he really be criminally liable? We answer this question:

  1. If it is reliably established that knowingly false testimony was given, the interrogated knew that he was giving false information to the law enforcement agencies. The criterion of awareness is rather difficult to prove: you can always refer to the fact that the person was mistaken, did not know all the circumstances of the incident, etc. Perhaps, it is precisely because of the difficulty of proving such a sign as knowingness of the criminal cases initiated under Art. 307 of the Criminal Code of the Russian Federation, relatively few. At the same time, if it is obvious that the witness is lying, the investigator can initiate a case against him.
  2. If a witness told a lie about his loved ones, this does not exclude liability under Art. 307 of the Criminal Code of the Russian Federation. It is believed that he had the opportunity to exercise the right not to testify about his close relatives, and if he nevertheless agreed to talk about the events of the crime, he should not lie.
  3. If the interrogated has declared a deception before the verdict is announced, he is released from responsibility. This rule is contained in the footnote to Art. 307 of the Criminal Code of the Russian Federation and in many cases witnesses who know about him use such a legal loophole, believing that at any time they can change the essence of their testimony with impunity.
    Example No. 7... Kurennoy K.D. witnessed a street fight where his friend was stabbed by teenagers. Before the start of his interrogation, the parents of the accused paid Kurenniy a large sum of money so that he would inform the investigation that he had not seen anything. Having been repeatedly interrogated, Kurennoy denied that he had seen the faces of the attackers, planning to change the testimony and favor of the friend in court, since he knew about the footnote to Art. 307 of the Criminal Code of the Russian Federation. Kurennaya did not appear in court, and the guilty verdict was passed without being summoned. From the testimony of other persons, it was established that Kurennoy could not fail to see the ongoing crime, and the police also obtained reliable information about the transfer of funds to him for silence. On the initiative of the victim, a criminal case was initiated against the witness under Art. 307 of the Criminal Code of the Russian Federation.
    By the way, in the above example, another case was initiated against the parents of the convicted - for bribing a witness under Art. 309 of the Criminal Code of the Russian Federation.
  4. Only witnesses who have reached the age of 16 can be held liable for knowingly false testimony (read our article on interrogation of minors - LINK) and only if the protocol contains a written note warning of liability under Art. 307 of the Criminal Code of the Russian Federation with the signature of a citizen. If, for some reason, the investigator forgot to explain the obligation to tell only the truth, a witness under this article of the Criminal Code cannot be involved.
  5. Investigation and initiation of a criminal case under Art. 307 of the Criminal Code of the Russian Federation is carried out by the body that conducts the investigation of the main case (for example, if the investigative committee is investigating a murder case, then the same body initiates a case under Article 307 of the Criminal Code of the Russian Federation).
  6. For giving false testimony, a witness may be assigned:
    • fine up to 80,000 rubles, compulsory labor for up to 480 hours, corrective labor for up to 1 year;
    • imprisonment up to 5 years(if the lie of the witness has led to an unjustified accusation of the person in the commission of a grave, especially grave crime).

How to behave correctly during interrogation by an investigator

If you have been summoned for questioning as a witness, you can use our practical tips:

  1. Do not panic. This is a common procedure that an official (not you!) Needs to collect evidence. If you can't get yourself together and you continue to be nervous (or fear that you will also be prosecuted), make an agreement with a lawyer, let him be present at the interrogation with you.
  2. In most cases, the witness is aware of what case and on what issues he will be interrogated: point by point, mark in memory the information that you are going to tell the investigator, create a rough plan of answers. If the amount of information is quite large and difficult to keep in mind, write it down on a piece of paper - the notes can be used during interrogation.
  3. Remember: when you put your signature under the line "clarification of rights and obligations", thereby you confirm that you are informed about the onset of criminal liability under Art. 307, 308 of the Criminal Code of the Russian Federation for refusing to testify or giving false information.
  4. Do not forget that you have every right not to testify against yourself, your loved ones and relatives - that is, to use the constitutional right in the manner of Art. 51 of the Constitution of the Russian Federation.
  5. Tell about events that you know in your own words, then you may be asked questions. Be aware that even if later you change your testimony, the court still has the right to accept the original interrogation protocol as evidence.
  6. Sign the protocol only after reading it completely and personally. If there are any inaccuracies in it, please reflect them in writing before signing. Together with the signature, you need to write the phrase "written down correctly from my words, read by me" (only if everything is really true!).
  7. Use your right to file a complaint against the investigator's actions if you believe that lawlessness has been shown against you: threats, degrading phrases, violence and blackmail, etc. A complaint can be filed with the prosecutor's office or court.

During interrogation, a protocol is compulsorily drawn up. It records all the questions and the answers received to them. The witness and the accused have the right to fill in the described document with their own hand.

At the end of the interrogation, the investigator hands over the document to the witness for familiarization. If any comments are found, the investigator must amend the content of the document. Further, the witness must put his signature on each page of the document. If it is not there, then the protocol is invalid.

Eventually

The interrogation procedure with an investigator or a tax office has many conditions and requirements, without which a citizen can simply refuse to testify without consequences for him. The main thing is to remain calm, restrained and clearly formulate your thoughts. It is also important to understand the difference between interrogation and explanation. In the second case, you can refuse the conversation without explaining the reasons.

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