Interrogation of a witness: procedure for calling, conducting and recording the interrogation

What is interrogation in criminal proceedings

Interrogation is an investigative or judicial action.
It consists of obtaining from the interrogated information relevant to the criminal case. Who can be questioned:

victim;
representative of the victim - a legal entity;
witness;
suspect and accused;
expert and specialist.

In general, the procedure for conducting interrogation is the same for all participants in criminal proceedings (Article 189 of the Code of Criminal Procedure of the Russian Federation). But there are also features for each of them.

Let us dwell in more detail on the interrogation of the witness.

Read about the specifics of interrogating other participants in criminal proceedings in ConsultantPlus. If you don't have access to the system yet, you can get it for free for 2 days. Or order the current price list to purchase permanent access.

What is the difference between a suspect and an accused

The Criminal Procedure Law of the Russian Federation clearly distinguishes between these concepts.

The suspect is:

a person against whom a criminal case has been initiated - that is, if a decision has been made to initiate a case against a specific person who becomes a suspect from that time;
a person who is detained on suspicion of committing a crime in the following cases (an arrest report must be drawn up):
- caught right at the scene of the incident,
traces of a crime were found on his clothes, on his face, on his person or at his place of residence; blood, weapons, prints, etc.);
tried to escape, has no permanent place of residence.

The listed circumstances may arise even before the initiation of a criminal case (for example, a group responding to a message on “02” about a murder: the case has not yet been opened, but the killer was detained at the scene of the incident - from that moment he is considered a suspect).

a person to whom a preventive measure has been applied for the period until charges are brought - such measures may be bail, recognizance not to leave, detention, house arrest;
the person to whom the inquiry body sent a notification of suspicion. It happens that a criminal case is initiated not against a specific person, but based on the fact that a crime has been committed (when there is no one yet to suspect). If during the investigation a person involved in the events has been identified, a written document (notification) is sent to him, which indicates what he is suspected of. From the moment such a written “announcement” is received, the person is considered a suspect.

The accused is:

a person in respect of whom a decision has been made to charge him as an accused - in this document the investigator indicates the essence of the crime, its characteristics, an article of the Criminal Code of the Russian Federation, and circumstances. Such a decision must be made no later than 10 days from the day the person was detained as a suspect if a preventive measure was chosen for him.
citizen against whom an indictment has been issued. In this case, we mean the inquiry procedure, which does not provide for a decision to charge as an accused and ends with an indictment (analogous to an indictment).
the person against whom an indictment was made (based on the results of the inquiry in an abbreviated form).

Thus, the concept of “accused” presupposes a status when the accusation has already been practically formed and the investigation has good reason to believe that the crime was committed by this particular person.

On the contrary, suspicion means that sufficient evidence has not yet been collected; often there may be several suspects in a case and the investigation has not yet come to a clear conclusion. Based on the significant difference between the concepts, there are also features of the investigator’s interrogation of the suspect and the accused.

Witness in criminal proceedings

According to Part 1 of Art. 56 of the Code of Criminal Procedure of the Russian Federation, a witness is any individual who has information relevant to a criminal case. In this case, such a person acquires the status of a witness at the time of being called to testify.

Important! A witness in a criminal case is often identified with an eyewitness to a crime. This is a misconception.

Persons who not only did not see the moment of the crime, but who do not even know about its commission, can be interrogated as witnesses. For example:

colleagues, relatives, neighbors of the suspect and other persons - to confirm or refute an alibi, characterize the person involved, establish his location, etc.;
employees of pawnshops and consignment stores, if items acquired by criminal means were deposited there;
train conductors and flight attendants of passenger aircraft - to verify the fact of travel or flight of the person involved and other persons.

This list can be continued endlessly.

Important! In Part 3 of Art. 56 of the Code of Criminal Procedure provides a complete list of persons who, in certain circumstances, cannot be questioned as witnesses.

Rights and responsibilities of a witness during interrogation

All of them are set out in Art. 56 Code of Criminal Procedure of the Russian Federation.

So, the witness is obliged:

appear when called by an investigator, inquiry officer or judge;
give truthful testimony (except for cases of refusal to testify against oneself or close relatives);
keep investigation data secret if the investigator or inquiry officer warned him of such a need.

The witness has the right:

use the services of a lawyer during interrogation (you will have to ensure the participation of a lawyer yourself - unlike a suspect or accused, a witness is not entitled to a free lawyer);
give evidence in your native language (for this, the law provides for the right to free assistance from an interpreter);
refuse to testify against yourself, your spouse or close relatives (this right is enshrined in Article 51 of the Constitution of the Russian Federation).

In addition, according to Part 3 of Art. 189 of the Code of Criminal Procedure of the Russian Federation, during interrogation, a witness has the right to use any documents and records brought with him.

Who is considered a close relative by law?

Their circle is determined by Art. 14 of the Family Code of the Russian Federation and duplicated in paragraph 4 of Art. 5 Code of Criminal Procedure of the Russian Federation:

parents and children;
adoptive parents and adopted children;
siblings (including half-siblings, that is, having only one common parent);
grandparents and grandchildren.

Note! The Constitutional Court of the Russian Federation, in its ruling dated December 24, 2013 No. 1937-O/2013, explained that the right not to testify against a spouse and close relatives also includes the right not to present other evidence against these persons to the investigation and court.

Interrogation of a witness in a criminal case by an investigator

Not only the investigator or interrogating officer who is in charge of the criminal case has the right to question witnesses. On their written instructions this can be done by:

detectives of the criminal investigation department or OEBiPK (department of economic security and anti-corruption - former OBEP);
local police commissioners;
employees of juvenile affairs units (PDN).

In addition, the interrogation can be conducted by an investigator or interrogating officer from another unit, including one located in another city, if the witness lives in a place remote from the place of investigation. For example, the investigation is being conducted in Moscow, and the witness lives in Novosibirsk.

To do this, an order must be issued to carry out separate investigative actions. An interrogation on behalf of a person is carried out in the same way as an interrogation by an investigator investigating a case.

Before interrogating a suspect

The Code of Criminal Procedure of the Russian Federation provides for the obligation of law enforcement agencies to interrogate a suspect within the first 24 hours from the moment of actual restriction of freedom (it is important not to confuse it with the moment the case was initiated). Failure to fulfill this obligation is a gross violation of the criminal procedure law.

Investigators try to interrogate suspects immediately, this is due to targeted tactics - a person who is suddenly brought to the police department is often confused and frightened. The psychological state of a person taken by surprise is often used by the police for their own purposes - to quickly establish the circumstances of the incident and, often, to obtain a confession and a written confession.

Before interrogation, in accordance with Part 3 of Art. 46 of the Code of Criminal Procedure of the Russian Federation, a detained person has the right to one telephone call to his loved ones or relatives. This rule has been in effect relatively recently, since January 2021, and implies:

there should be only one call;
the conversation should only take place in the presence of an official and only in Russian;
the call can be made only for the purpose of notifying loved ones; talking about other topics is not allowed.

There are other rights of a criminal suspect that are useful to know before interrogation:

Participation of the defender. According to the law, a lawyer participates in a case from the moment a case is initiated against a specific person or from the moment of actual arrest. The detainee has the right to invite “his” defense attorney by informing the investigator about this. If the lawyer with whom the suspect plans to enter into an agreement does not appear within 24 hours (that is, the time period when the interrogation is to take place), the investigator may provide a “free” (i.e., on-duty) lawyer as assigned in the manner provided. determined by the regional chamber of lawyers. Immediately before interrogation, the suspect has the right to consult with a defense lawyer in private. Testimony given without a defense attorney may later be considered inadmissible evidence.
Find out what the suspicion is, and also get a copy of the arrest report and a copy of the decision to initiate a criminal case.
Give explanations and testimony regarding the circumstances of suspicion or completely refuse to provide information to the investigation. The suspect must be informed that his testimony can be used in the future as evidence of guilt, even if it subsequently changes. Thus, the law respects the constitutional right of any citizen provided for in Art. 51 of the Constitution of the Russian Federation - do not testify against yourself.
Provide evidence. This can be any information that is provided to the investigation, as well as providing documentation, information about your alibi, etc. All this may be brought to the attention of law enforcement during interrogation.
Submit challenges. Before the start of the interrogation, the suspect has the right to file a so-called “challenge” to the investigator or interrogating officer, if there are grounds provided for in Art. 61 Code of Criminal Procedure of the Russian Federation. Thus, if the investigator is a close relative of the victim, the suspect has the right to challenge and demand that the official be replaced.
Submit petitions. Before or after interrogation, the suspect can petition the investigator (interrogating officer) for almost anything: call a witness, provide medical assistance, invite a defense lawyer, take a break during the investigative action (including interrogation), call a notary, etc. Requests can be made orally or in writing.
Before interrogation, request an interpreter if you cannot speak Russian well. The interpreter is present throughout the interrogation and certifies the correctness of the contents of the protocol with his signature; his work is paid for by the state.

Where is the interrogation taking place?

As a general rule, interrogation is carried out at the place of investigation (Article 187 of the Code of Criminal Procedure of the Russian Federation). In other words, in the investigator's office.

But the investigator has the right to interrogate the witness at his place of residence, that is:

in a place of residence or vacation (hotel, hostel, etc.);
place of treatment (hospital, sanatorium);
place of detention or serving a sentence (yes, witnesses in the case can include those arrested or convicted);
at the place of work or service (often practiced when investigating crimes committed in organizations);
place of study, etc.

Rights of the accused

When bringing charges and interrogating the accused, the investigation must respect his rights:

the subject must clearly know what he is accused of; he must be given a copy of the decision to initiate a criminal case;
he has the right to object to the accusation, give evidence on this charge or refuse to give it, and present evidence;
he has the right to file petitions and challenges;
the accused person has the right to testify in the language in which he is more comfortable speaking, and to use the services of an interpreter free of charge;
has the right to use defense services, including free of charge. He also has the opportunity to demand meetings with his defender, held in private and with complete confidentiality. Meetings can be held even before the first interrogation; they are not limited in number or duration;
has the right to meet with a notary in order to certify his power of attorney for the right to represent his interests in business activities. It is worth noting that actions in relation to property are prohibited during this period;
has the right to get acquainted with all the results of the examination, the results of the preliminary investigation, and make copies of the materials. He also has the right to file complaints against the actions of the investigators (or their inaction).

It is important to remember your rights when being questioned. In the absence of familiarization with anything and an unfounded refusal, you can safely write a complaint against the actions of the investigator.

The procedure for calling for questioning by an investigator

Article 188 of the Code of Criminal Procedure of the Russian Federation requires that a witness be summoned for questioning by subpoena. It should indicate:

surname, name, patronymic of the witness;
his procedural status (usually the wording “as a witness” is used);
date, time and place of interrogation;
surname, initials of the investigator;
consequences of failure to appear for questioning without a valid reason.

Here you can find a summons to summon a witness for questioning, as well as a completed sample:

The summons must be served against the signature of:

to the one being called;
his adult relative;
to the administration at the place of work or study;
to the command of a military unit if a serviceman is called in for questioning.

An alternative option is to send the summons by mail.

Important! If a minor under 16 years of age is called as a witness, the subpoena is served on his legal representatives or through the administration at his place of work or study.

Does a summons always arrive?

Not always. There can be many reasons - from the banal dishonesty of the investigator, who simply did not send a summons, to the loss of a postal item.

In addition, in practice, investigators often ignore the requirements for a summons for questioning, preferring to notify the witness of the need to appear in other ways: by phone, SMS, via instant messengers or email.

The reason is clear: the period of investigation of the case is limited, and delivery of the summons takes time, especially if sent by mail.

Such notification cannot be considered a violation of the law, but if a witness fails to appear, coercive measures cannot be applied to him (see, for example, the ruling of the Supreme Court of the Russian Federation dated September 23, 2008 No. 81-O08-85).

Even in the absence of a subpoena, we recommend that you still come to the investigator and give evidence: failure to appear, of course, will have no consequences, but it will only delay the interrogation, but will not cancel it.

Is it possible to refuse to appear for questioning?

If there is a subpoena, you can't. According to Part 3 of Art. 188 of the Code of Criminal Procedure, the witness is obliged to appear and testify. Or inform in advance about the reasons for non-appearance, if any.

We are talking about good reasons - reluctance or remoteness to live within the same locality are not such reasons.

The law does not say how exactly the investigator should be notified of the reasons for failure to appear. Therefore, this can be done in any way: by hand, by telephone, fax, mail, etc.

What is considered a valid reason for failure to appear?

There is no list of valid reasons for failure to appear before an investigator or in court in any legal act. But judicial and investigative practice recognizes as such:

natural disasters and catastrophes;
death of a close relative;
wedding on the day of the call;
failure to receive a summons in a timely manner;
illness of the witness himself or his family members whom he must care for;
long unforeseen interruption in traffic;
other circumstances that objectively deprive the witness of the opportunity to come for questioning.

In this case, the reasons must be confirmed: a certificate from a doctor, a sick leave certificate, a death certificate or marriage registration, etc.

In practice, investigators usually accommodate witnesses and arrange an interview at a time convenient for them. Therefore, the main thing is to promptly inform about the impossibility of appearing and agree on a meeting date.

What happens if you don't show up for questioning?

The investigator has two tools to influence a witness who evades appearance:

Arrest is the forced delivery of a witness to the investigator. Does not apply to minors under 14 years of age (Article 113 of the Code of Criminal Procedure of the Russian Federation).
Monetary penalty for failure to fulfill the obligations imposed by the criminal procedure law. Imposed by the court at the request of the investigator, amount - up to 2500 rubles. (Article 117 of the Code of Criminal Procedure of the Russian Federation).

If the witness is sick or on a business trip

Regarding illness, everything is obvious: if there is a supporting document, it is a valid reason for failure to appear.

But even if the witness did not see a doctor, the investigator can accommodate him. In practice, the interrogation is usually postponed to another time or the investigator comes to the witness’s home. This is not prohibited by law.

But it should be remembered that such a concession is the investigator’s right, and not his obligation.

A business trip to another city is also recognized as a valid reason for failure to appear for questioning. But here everything depends on its duration: if the business trip is short-term, the investigator will wait for the witness to return. If it is long-term, he will most likely send an order for interrogation to the city where the witness is staying or go there himself.

If the business trip is to another country, the investigator again has two options:

Send an order to provide international legal assistance in accordance with Art. 453 Code of Criminal Procedure of the Russian Federation. It makes sense if the business trip is very long, and the witness’s testimony is important for the criminal case, since the execution of such a request takes several months.
Wait for the witness to return to Russia.

The investigator does not have the right to conduct investigative actions, including questioning a witness, outside the country.

Is it possible to refuse interrogation for security reasons?

Unfortunately, the law does not provide for such a basis. But the investigation has tools to ensure the safety of witnesses. In particular, by virtue of Part 9 of Art. 11 of the Code of Criminal Procedure of the Russian Federation, the investigator can remove all data about his identity from the criminal case.

Technically, this is done as follows: fictitious data is indicated in the interrogation protocol, and the real data is packed in an envelope, sealed and stored in the criminal case.

That is, the accused, when familiarizing himself with the criminal case, sees only a protocol with fictitious data of the witness. The accused and his defense attorney are not familiar with the decision to keep secret the identity of the witness, which contains the real data.

At the trial stage, the court, in accordance with Part 5 of Art. 278 of the Code of Criminal Procedure of the Russian Federation, under the same circumstances, he may not disclose the witness’s data at the meeting, and may also interrogate him under conditions that exclude visual observation by other participants in the process.

Advice from a lawyer

Lawyers advise that in situations where a person has been interrogated as an accused, first of all demand a defense lawyer.

It is with him that there will be confidence that the investigator will carry out the interrogation himself without violations, legally, without resorting to prohibited methods.

The investigator will one way or another psychologically put pressure on the person under investigation!

Experienced lawyers advise not to succumb to provocations, not to take on faith information from investigators that is not documented (for example, testimony of other participants), and also in no case to succumb to methods of psychological pressure, not to answer provocative and leading questions.

Questions asked during interrogation of the accused must be relevant to the case.

It is worth remembering that when interrogating a minor accused, his legal representative must be present.

A minor suspect or accused cannot be interrogated for more than 2 hours, and the interrogation time per day should not exceed 4 hours. For more information about interrogating a minor, see here>>> .

Physical violence during the interrogation of the accused by the investigators is also unacceptable. If such cases arise, the person against whom this violence was used must immediately contact a lawyer and request a medical examination.

A list of the most effective and easy to apply rules that experienced lawyers recommend using:

Talk as little as possible. The answer to any question must be brief, unambiguous, and not subject to double interpretation. There is no need to give lengthy explanations, since only the essence of the statements will be included in the protocol and it is not at all necessary that it will be understood correctly.
Make sure that the protocol clearly records the exact time of both the beginning and end of the interrogation. If the interrogation lasts too long, then this fact may become evidence of psychological pressure on the interrogated.
Be sure to think through every answer you give, even if the answer seems obvious. Thanks to this, the person being interrogated will not only be able to accurately formulate the answer itself, but will also not give the investigator the opportunity to confuse him by quickly changing questions. If the question seems unclear, you need to ask the investigator to repeat it.
Try to systematize the investigator's questions in order to understand what exactly interests him and what he already knows. This will subsequently help you think about an effective defense strategy. It must be remembered that interrogation involves a two-way exchange of information, which means that the person being interrogated can ask the investigator questions and find out the specifics of the criminal case.
In the case of interrogation with bias, experts recommend that the investigator not look directly into his eyes to prevent psychological influence. Experienced investigators can easily determine the emotional state of the interrogated person based on small signs (frequent blinking, hand trembling, etc.) and structure the interrogation accordingly.
It is worth answering only the questions posed and you need to ensure that both the investigator’s questions and all answers are entered into the protocol verbatim.
Under no circumstances should you sign blank protocol forms or partially completed sheets.

Do not sign blank forms or forms with blanks in the interrogation report.

There is no need to be afraid of anything or allow yourself to be intimidated. The person being interrogated should remember his rights, regardless of his status during interrogation. You should not allow manifestations of rudeness or expressed aggression.

By following these simple rules, the interrogated citizen will protect himself from psychological pressure and will not allow anyone to violate his legal rights.

How long can the interrogation last?

No more than 4 hours without a break (Part 2 of Article 187 of the Code of Criminal Procedure of the Russian Federation) and no more than 8 hours in total during the day.

In this case, the duration of the break cannot be less than 1 hour.

Important! Based on the doctor’s conclusion, a different, shorter duration of interrogation may be established if there are medical indications for this (Part 4 of Article 187 of the Code of Criminal Procedure of the Russian Federation).

For example, if a witness is undergoing hospital treatment for a head injury, heart disease, or other illness that requires rest, the attending physician may limit the questioning to any time or prohibit it altogether until the patient's condition improves.

Note! For minors, different time frames for interrogation are established.

Rights of a minor's representative

During the interrogation of a minor, the legal representative has the same rights as the interrogated person. He takes over the legal capacity of the child. The basic rights of a legal representative include:

presence at interrogations;
familiarization with the protocols of all investigative activities;
studying the decision on the application of measures against the child;
participation in any investigative actions with a minor.

A parent or guardian has the right to control the progress of the interrogation, compliance with its rules, and the fulfillment of the rights and obligations of participants in the process. He can reveal the pressure on the interrogated person from the investigator, prosecutor, lawyer and petition for unreliable results of the interrogation.

At the same time, the court and investigator may not allow a parent or guardian to participate in events if their actions harm the interests of their ward (clause 11 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated February 1, 2011 No. 1). The reasons for this decision may also be:

refusal to fulfill responsibilities for raising a child;
their improper implementation;
ignoring the stages of the investigative process (appearing in court or before an investigator);
obstructing the investigation;
abuse of the position of a trustee (coercion to give false testimony, blackmail, threats, etc.).

If the legal representative was notified of the need to appear at investigative measures, but he did not come, the interrogation is carried out without him.

Guardians and parents can play the role of defenders (Article 72 of the Code of Criminal Procedure of the Russian Federation). However, this does not exclude the mandatory participation of a qualified lawyer in the investigative process (Clause 2, Article 49 of the Code of Criminal Procedure of the Russian Federation).

How many times is a witness usually questioned?

Most often, a witness is questioned only once. But situations are different: sometimes there is a need for repeated and subsequent interrogations. In addition, interrogation is not the only investigative action in which a witness can participate; he can be invited to conduct:

identification;
confrontation with other participants in the process - the suspect or accused, the victim, other witnesses.

In addition, after being questioned by the investigator, the witness usually faces further questioning in court. They can also be summoned to court more than once if the interests of the case require it.

Location

To ensure that children aged 6-14 years do not feel frightened or oppressed in an unusual official environment, they are usually interrogated in a familiar and familiar environment:

Houses;
At school;
in children's institutions.

For teenagers aged 15-17 years, the official environment is, on the contrary, favorable: they feel a higher degree of responsibility for their testimony.

The behavior of the investigator plays an important role: he must act friendly, calm, confident, firm, and benevolent. Children should be given short breaks regularly.

How many times can a witness be called in for questioning?

As much as necessary. The number of interrogations is not limited by law. Why might one time not be enough? There are many reasons. For example:

the first interrogation was carried out in violation of the Code of Criminal Procedure, therefore it is necessary to interrogate the witness again;
new circumstances have arisen on which questions need to be asked - an additional interrogation of the witness is being carried out;
the investigator does not trust his predecessor, who initially questioned the witness, etc.

How to summon a minor

The teenager can be summoned by employees of the investigative agency or the court. To do this, a summons is sent to the address of the legal representatives of the child or the institution where he is kept (orphanage, etc.).

The agenda must contain the following information:

information about who is calling for questioning (name, position, etc.);
in what capacity the teenager is called;
time and date when you should see the investigator.

In order to ensure the appearance of a teenager, the investigator has the right to come to the home address of the child and his parents or call them by phone and inform them of the need to appear for questioning. In this case, it is up to them to decide whether there is a need to receive the summons itself.

The subpoena can also be served through the local police officer.

If you received a summons by registered mail, then you need to go to the investigator as soon as possible, since the postman can sign for you upon receipt. To prevent you or your child from being accused of failure to appear, it is better not to delay it.

Peculiarities of interrogation of a minor witness

The interrogation of a witness under 18 years of age is carried out according to general rules, but with some peculiarities:

During the interrogation, the legal representative of the witness has the right to be present - one of the parents or persons replacing them: adoptive parent, guardian, trustee (Part 1 of Article 191 of the Code of Criminal Procedure of the Russian Federation).
If a minor left without parental care and living in an orphanage or boarding school is being interrogated, the head of this institution or another employee to whom the head has granted a power of attorney is invited as a legal representative. Important! If the minor witness is neglected, the legal representative is an authorized employee of the guardianship and trusteeship department.

To participate in the interrogation of a witness under 16 years of age or from 16 to 18 years of age, but suffering from a mental disorder or mental retardation, a teacher or psychologist must be invited (Part 1 of Article 191 of the Code of Criminal Procedure of the Russian Federation).
Important! The interrogation of a minor witness of any age is carried out with the mandatory participation of a teacher or psychologist if we are talking about giving evidence in a criminal case about a crime against the sexual integrity of minors.

A witness under 16 years of age is not warned of criminal liability for giving false testimony and refusal to testify. This can be explained simply: in accordance with Art. 20 of the Criminal Code of the Russian Federation liability for giving false testimony or refusing it under Art. 307 and 308 of the Criminal Code of the Russian Federation begins at the age of 16. Therefore, it makes no sense to warn witnesses under this age about it. But they are explained the need to tell the truth.

The duration of interrogation of a minor witness is less than that of an adult:

Witness age	Maximum duration of interrogation without interruption	Total maximum duration of interrogation during the day
Up to 7 years	30 minutes	1 hour
From 7 to 14 years	1 hour	2 hours
14–18 years old	2 hours	4 hours

The duration of the break is the same as for adults - at least 1 hour.

How is the interrogation going?

In order for the interrogation of a minor to be most effective, it is important to pay attention to the location and preparation. The investigator faces a number of questions:

Where is it better to conduct the interrogation - at the place of investigation or in an environment familiar to the child. When resolving this issue, they take into account the age of the minor. For kids, familiar surroundings are preferred, and for teenagers from 14 to 16 years old, the opposite is true. In some situations, questioning at the scene of an incident is acceptable: this is done after a significant amount of time has passed after the event or to establish precise details.
Choose a day and time for the interrogation. Due to the peculiarities of the child’s psyche, the interrogation should be carried out as soon as possible. The impressions of the incident are superimposed on new events, which over time displace past, and especially unpleasant, memories from memory. It is also important that the child does not succumb to the influence of an adult who benefits from distorting the event.
Make a psychological portrait of a minor. In order to establish psychological contact with a teenager, the investigator can communicate with parents and teachers before the interrogation. Find out your social circle and interests.

In terms of preparing to interview a minor, it is important that the investigator plan his or her time. It is unacceptable for a child to wait in the corridor.

The law sets limits on the time of interrogation. A teenager over the age of 14 cannot be interrogated for more than 4 hours a day. A child under seven years of age cannot be interrogated without a break for more than 30 minutes, or for a total of more than one hour. A child aged seven to fourteen years is allowed to be interrogated for an hour, and with a break - no more than two hours.

The information obtained during the interrogation is recorded in the protocol. At the end of the interrogation, all participants in the interrogation have the right to familiarize themselves with the document and make changes. The procedure itself should be recorded on video, but if the child or parent refuses, this will not happen.

Interrogation of a witness in court in a criminal case

Witnesses questioned as part of the investigation are required to be summoned to court to confirm their testimony. Don't be afraid: this is standard procedure and does not mean that the court does not trust the witness. The court merely fulfills its duties to objectively and comprehensively examine the evidence.

Summoning a witness for questioning in court

A witness is summoned to court in the same way as to an investigator - by summons. But the Plenum of the Supreme Court of the Russian Federation, in Resolution No. 28 dated December 22, 2009, clarified that notification of a witness and other participants in the process about the need to appear in court is also allowed by sending an SMS message.

Important! Notification in this way is possible only with the written consent of the witness, which is executed by receipt.

Is it possible not to appear in court when summoned?

It is possible, but only if there are good reasons - they are listed above.

Otherwise, the witness may be subject to forced delivery to court (draft) or a monetary penalty.

Request to call a witness

If a witness was questioned during the investigation, there is no need to file a petition to summon him to court - the court will summon him himself.

If there is a need to question a previously undeclared witness, a petition will be required. It can be stated either orally or in writing.

But in any case, you will need to indicate the witness’s details: his last name, first name, patronymic and place of residence, as well as the grounds for questioning. That is, it is necessary to inform the court what information the witness has in order to justify its significance for the consideration of the criminal case.

Important! In accordance with Part 4 of Art. 271 of the Code of Criminal Procedure of the Russian Federation, the court has no right to refuse to satisfy a request to interrogate a witness if he appeared in court on the initiative of any of the parties to the proceeding.

In other words, in order to ensure that the necessary witness is questioned in court, his appearance should be ensured in advance.

Sample request to question a witness

We offer you to download a completed sample request for questioning of a witness in court in a criminal case:

Procedural procedure for interrogation

The procedure for questioning a witness at a court hearing is regulated by Art. 278 Code of Criminal Procedure of the Russian Federation.

In general, the interrogation is carried out in the same way as during the investigation, but with some differences:

An interrogation protocol is not drawn up. The testimony of the witness is entered into the minutes of the court session.
Questions can be asked of the witness not only by the judge, but also by the parties to the trial: the victim, his representative, the prosecutor, the defendant, his defense attorney.

Note! As a general rule, at the end of the interrogation, the witness remains in the courtroom. You can leave immediately after interrogation only with the permission of the judge (Part 4 of Article 278 of the Code of Criminal Procedure of the Russian Federation).

Tips on behavior during interrogation

The situation cannot be called pleasant if you are going to be interrogated as a suspect, accused or defendant. It is difficult to advise you to control yourself and not succumb to negative emotions, but still, a calm emotional background is very important for participation in a criminal case.

So, if you are facing interrogation as a person involved in a crime, we recommend:

Do not refuse the services of a defense attorney. The help of a legally savvy person is simply necessary in any criminal case. It happens that a citizen simply does not have the money to pay for the work of a lawyer and at the same time he refuses free assistance, believing that public defenders are “at the same time” with the investigation. At the same time, the lawyer on duty can also provide significant assistance, and poor-quality services can be reported in writing to the bar association (for example, when the defense lawyer is actually absent during the investigative action and only comes to sign the protocol). Consultation with a defense lawyer can be provided at any time upon request of the accused.
From the very beginning, stick to one position, do not change it during interrogations during the investigation and subsequently at trial. If there is a significant and especially repeated change in the testimony, the court may evaluate this position critically and not in favor of the defendant. Remember that previously given testimony, even if rejected, can be used by the prosecution.
If there is no specific position, it is better to use Art. 51 of the Constitution of the Russian Federation and not to give evidence at all. This can be done at any time - even in the middle of an interrogation. For example, if a suspect begins to talk about a crime, but then changes his mind, he can exercise his constitutional right.
The accused or defendant has the priority right to testify at any time, even if he has already been questioned earlier. If you have something to add to the previous information, you have the right to state this in writing or orally, both during the investigation and in court.
Use the right to make comments and clarifications, which can be recorded in writing in the interrogation protocol during the investigation, or orally in a court hearing - all statements are recorded on audio recording.
Before the first and even before subsequent interrogations, you have the right to declare the need to familiarize yourself with the case materials - this is an important opportunity, the implementation of which law enforcement agencies cannot interfere with. Knowledge of the materials in some cases helps to formulate your testimony clearly and understandably.
Use your right to appeal the actions of the investigator or the court in cases where you are pressured during interrogation or forced to give false information. In addition, any actions that degrade honor and dignity are strictly prohibited by the Convention for the Protection of Human Rights and the Code of Criminal Procedure of the Russian Federation - in such cases it is necessary to contact the prosecutor's office and the Commissioner for Human Rights.

What happens if you change the readings

If there are significant differences between the testimony given by a witness during the investigation and in court, the interested party will almost certainly file a motion to have the first testimony read out.

The witness will have to explain what caused this contradiction. If it is established that the witness deliberately misled the investigator or misled the court, he faces criminal liability under Art. 307 of the Criminal Code of the Russian Federation for giving knowingly false testimony.

Important! Liability will not arise if the witness voluntarily reports the falsity of his testimony (note to Article 307 of the Criminal Code of the Russian Federation).

Does it make sense to change testimony in court?

Yes, but only if false testimony was given during the investigation. Or if at the time of interrogation by the investigator the witness was mistaken about any circumstances, and the court became aware of this.

In both cases, the witness does not face liability for giving false testimony.

It is not worth changing testimony from reliable to false: firstly, the witness risks earning a criminal record under Art. 307 of the Criminal Code of the Russian Federation, and secondly, this is unlikely to help. The testimony of a witness is not the only evidence in a criminal case, and the court evaluates all the evidence in its entirety. Therefore, the judge will take as a basis those testimonies that fit into the overall picture, and not those that were given last.

Tactics and techniques of interrogators when interrogating the accused

The tactics of interrogating a suspect and accused person have their own characteristics. They are due to two factors:

the investigation has already collected facts and evidence that give them the opportunity to believe that the crime was committed by the accused person;
Since the person has been charged, he can compare its wording with the real facts and understand to what extent the investigation knows the true circumstances of the case and how many episodes are known.

Based on previous communication and the subject’s psychotype, the investigator selects the optimal interrogation tactics. He has an advantage because, for his part, he has already dealt with the accused, interrogating him as a suspect. The interrogator already knows his behavior, the possibility that he will lie and give evidence that will not correspond to reality. The interrogator can use the following types of tactics:

present evidence progressively - as it is significant and convincing. Investigators most often use this tactic in relation to especially dangerous criminals;
present the most significant evidence at the very beginning of the interrogation. This tactic is most often used in relation to persons who have committed a criminal offense for the first time;
evidence is presented in conjunction with other witness statements and circumstantial evidence.

If there are certain gaps in the evidence available to the interrogator, then during interrogation he can also use the following techniques:

create an exaggerated idea of the extent to which he knows the circumstances of the case;
on the contrary, deliberately hide the fact that he has a sufficient amount of information.

In addition, the interrogator can successfully use reservations, contradictions expressed in answers to questions and disguise his main question under a large number of indirect ones. It can encourage repentance and sincere confession, and influence certain aspects of the personality.

Online questioning of a witness

Questioning of a witness via video conferencing (VCC) is possible only at the trial stage. Article 278.1 of the Code of Criminal Procedure of the Russian Federation allows the court to make such a decision if necessary. The law does not specify what caused the need, but based on practice, it is:

The remoteness of the witness's residence or stay from the place of proceedings. Simply put, the witness lives or has been in another city for a long time.
The presence of a witness in custody or in prison.

The interrogation under the videoconferencing system is carried out from the courthouse at the location of the witness, from a pre-trial detention center or a colony.

Important! It is impossible to interrogate a witness via videoconferencing from home or any other place.

The explanation is simple: in such conditions it is impossible to establish the identity of the witness.

Otherwise, the procedure for online questioning of a witness is the same as the procedure for in-person questioning.

Who is eligible to attend

The following are required to take part in investigative actions against persons under 16 years of age (Article 425 of the Code of Criminal Procedure of the Russian Federation):

defender – asks questions to the minor, monitors compliance with the rules of investigative actions, gets acquainted with the protocol, and, if necessary, defends the interests of the teenager;
a teacher or psychologist accompanies the child, can ask questions, and get acquainted with the protocol.

Legal representatives - parents or guardians are present due to the children's lack of full legal capacity on their own initiative or at the invitation of the investigator.

It is worth adding that similar rules apply to interrogations of citizens 16-18 years old with mental disabilities or developmental delays.

Sample request for interrogation of a witness under the HQS

We offer to download a completed sample request for questioning of a witness in a criminal case via video conferencing:

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The interrogation of a witness in a criminal case is one of the sources of evidence, both confirming and refuting the involvement and guilt of the defendant.
Testifying is a witness's responsibility, not his right. Therefore, a summons to an investigator or to court should be taken seriously. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Psychology of interrogation of the accused

A good investigator usually takes into account certain psychological characteristics of those individuals who have been charged. This is first of all:

the subject may experience conditions such as depression, mental depression, fear of punishment for the crime committed;
on the other hand, he may have a fairly high level of interest in the outcome of a given criminal case, he may also take a rather active defensive and defensive position;
the person who has been charged is not interested in giving truthful testimony and is afraid that if he gives it, his situation will worsen;
the subject does not trust the investigation and has a negative attitude towards the witnesses in this case;
the person may also be in a state of quite strong mental tension or in an affective state;
the accused may, on the contrary, have an increased level of self-control.

During the interrogation, the investigator determines the state and mental characteristics of the accused. Based on this, he can build his tactics. It is important not to show emotions and to be as collected as possible.