What to do if you are called in for questioning

How can they be summoned for questioning?

The procedure for calling a citizen to testify is determined by Article 188 of the Code of Criminal Procedure of the Russian Federation. There are two legal formats for summoning for questioning: written (by summons) and using means of communication. The text about calling the interrogated person must indicate his full name, the status of the person being called (for example, “as a witness”), the full name of the caller (investigator, interrogator), the address where the interrogated person is required to arrive, the date and time of the interrogation (Article 188). .1 Code of Criminal Procedure of the Russian Federation).

Summons

. Notification by summons is carried out only against a receipt confirming its acceptance. If it is impossible to hand it over to the person being called in person, it is handed over against signature to a family member (an adult) or an administrative employee at the place of work of the person being called.

Calling via communications

(Article 188 Part 2 of the Code of Criminal Procedure of the Russian Federation). This method of notification of a summons for interrogation must be carried out under the terms of notification by summons. Those. the option of calling the person summoned for questioning and verbally communicating the need to come to the investigator does not correspond to the letter of the law, since it does not allow recording the content of the notification transmitted over the telephone.

Using means of communication, the summons is transmitted to the citizen only in the form of a text message and subject to the established form of notification (full name of the addressee, his status, full name of the caller, etc.).

As with the delivery of a paper subpoena, the person summoned for questioning must confirm the fact of receipt - open the message and read it. If the message was opened (for example, an SMS was read or a telegram message was opened), then the notification took place.

You received a summons or an investigator called you

There are two main ways to call a witness for questioning:

You, your relatives or your boss will be served with a summons at work. Such documents are rarely sent by mail;
The investigator will call you and invite you for questioning.

As practice shows, the investigator usually uses both methods to eliminate the possibility that the witness will ignore the subpoena and decide not to appear for questioning.

Moreover, both your local police officer and a regular postman can serve the summons. And then they will call you and invite you for interrogation.

Let's look at both situations.

Agenda

In accordance with Article 188 of the Code of Criminal Procedure of the Russian Federation: a witness is summoned for questioning by subpoena.

The summons is handed to the witness against signature. If the witness is not found, then the summons is given to an adult member of his family or it is handed over to the administration at his place of work or to other persons and organizations that are obliged to hand over the summons to the witness.

Typically the agenda looks like this:

Each person has the right to decide independently what to do when receiving a summons. We recommend that you definitely appear for questioning without ignoring the summons.

If you still decide not to appear for questioning, what to do?

The classic way to call a witness for questioning is to notify by registered letter, since in this case the investigator will receive proof that the recipient was notified of the letter!

To achieve this goal, as a rule, a registered letter is sent with a notification.

If the recipient of the notification is not at home at the time of delivery of the summons, it is handed to an adult family member or work colleagues (also against signature).

In the event that the investigator decides to send a registered letter, the witness only receives a notice of the need to appear at the post office at the specified address and pick up the registered letter.

If the letter is returned to the investigator after 5-7 days, and the notification was given to you (you were simply thrown a Notification receipt in your mailbox), then it will be considered delivered to you, i.e. on paper you were warned about the call, even if you didn't know it. Therefore, you can no longer claim that you did not know about the summons for questioning.

In the photo you can see a sample notification.

So, if the subpoena was not delivered in person and you did not sign for it, then of course you can avoid appearing for questioning on the grounds that no one informed you. But this position, in our opinion, is controversial, since you will have to prove why you did not learn about the subpoena from your loved ones if you actually live at this address and did not go on a business trip or vacation. And if you left, then be so kind as to show your tickets, and so on and so forth.

If the summons was delivered to you in person and you signed for it, then you will have to appear for questioning.

What else can you do

Immediately after receiving the summons, you should pay attention to the basic information that must be mentioned:

time of interrogation;
date of interrogation;
procedural actions;
in what capacity are you called;
who calls for questioning;
investigator contacts.

For example, if the summons does not indicate in what capacity you have been summoned, the following text should be written on the summons or in a separate letter:

“Due to the fact that my procedural status, within the framework of which they plan to question/interrogate me, is not indicated, I cannot appear, since it is impossible to determine whether I will need qualified legal assistance. I ask you to inform me in writing about my procedural status.”

The letter should be sent with a notification; it can be sent by fax. This method will help delay the interrogation date for some time.

Phone call

The second method of notification is a telephone call. When it comes to a phone call, people ignorantly think that it can be ignored and not given any importance, but this is not so. In this case, evidence of receipt of the notification will be the telephone recording of the investigator and the witness. Therefore, in the case where you answered the phone call, you should appear for questioning on the specified date.

Politely inquire about the identity of the caller; if the person does not provide you with information, ask to be summoned. Don’t forget to find out all the necessary information (address, office, date, who you will be interrogated as, etc.), specify how long it will take. Try to show interest and, if possible, assist the investigative authorities.

The legality of the procedure is a rule not only for the investigator, but also for you. If it seems to you that the investigator is violating the legality of the procedure for calling for interrogation, then you can assume that violations will continue in the future. To prevent these violations, you must emphasize your desire to comply with the law and require the investigator to do the same.

If you have a lawyer, be sure to coordinate your visit to the investigator with him:

Lawyer Christina Shekina comments on the status of the witness on

Who will conduct the interrogation?

Having received the summons, you need to find out who exactly will be the interrogator. If the call for interrogation is made not by the investigator, but by the detective, then the purpose of the call is to interrogate or give explanations. In this case, the status of the person summoned by the summons is not regulated in any way, which means liability under Articles 307 and 308 of the Code of Criminal Procedure of the Russian Federation cannot be applied to him. Those. The citizen called by the detective has no obligation to give full answers to the questions of this police officer.

The investigator's goal is always to initiate a case as soon as the pre-investigation check is completed. From a meeting with the detective, you will only learn the reason why he is interested in you. Counting on the objectivity and benevolence of an operative who calls you for a conversation over and over again is a pointless exercise. The only correct thing here would be to entrust communication with the detective to your lawyer and not waste your time.

Can they beat and insult during interrogation?

People often become afraid to go to interrogation for a number of different reasons.

There is no need to worry; no illegal actions will be carried out against you.

But psychological pressure from the investigator is possible.

The investigator may use psychological and tactical techniques and try to mislead you, not tell the whole truth and hide the current progress of the investigation.

Take the interrogation seriously, think about what and how you say.

Even if you are unfamiliar with the person involved in the criminal case, do not be irresponsible with your testimony. This can harm the innocent, including you.

What is the status indicated on the agenda?

If the sent subpoena indicates the procedural status of the person being called “witness” (“called as a witness”), then appearance before the employee of the investigative agency is strictly mandatory (Article 188 Part 3 of the Code of Criminal Procedure of the Russian Federation). An unjustified refusal to appear (the justification must be agreed with the investigator) will be followed by a forced arrest.

Before the interrogation, the investigator will inform you that if the witness gives false testimony or refuses to provide it, he will be held accountable. It should be noted that even if the witness subsequently refuses reckless testimony (recorded), it can be included in the evidence base, incl. against the witness himself. Therefore, a witness invited for questioning needs a lawyer.

Contacting a legal defender after receiving a subpoena with witness status will allow you to:

perform a preliminary legal analysis of the situation that, according to the principal, served as the reason for the summons for questioning;
assess the criminal legal risks that allow criminal liability in the current situation for the principal, or for citizens whose fate is not indifferent to the principal;
weigh ways to minimize identified risks, formulate a position for questioning;
find out the procedure for investigative actions, understand the rights of a witness;
provide options for the development of the situation during the interrogation process.

Be sure to check the status indicated on the agenda. It is important!

We're going for questioning with a lawyer.

We recommend that you come with a lawyer for questioning as a witness. There are three legal aspects that allow you to avoid some of the nuances at this point.

During the interrogation, the lawyer has the right to give you the necessary legal advice. This is useful.
Immediately after interrogation as a witness, the investigator can proceed to carry out other investigative actions, which can sometimes dramatically change your life in the future - during the interrogation, the “witness” can become a “suspect”. Therefore, timely legal assistance from a lawyer is important.
During interrogation, the lawyer makes sure that your testimony is not distorted. Provides necessary evidence and prevents other psychological pressure during interrogation.

Forced summons for questioning

If a witness ignores the need to arrive for questioning on a subpoena, the measures of procedural coercion noted in the second part of Article 111 of the Code of Criminal Procedure of the Russian Federation will be applied to him, namely: an obligation to appear (Article 112 Part 2 of the Code of Criminal Procedure of the Russian Federation), a summons (Article 113 of the Code of Criminal Procedure of the Russian Federation) RF), or monetary penalty (Article 117 of the Code of Criminal Procedure of the Russian Federation).

The obligation to appear is a forced delivery by intelligence officers. The basis for this coercive measure is a written order from the investigator, used for persons who deliberately evade appearing on a subpoena. When a police officer carries out a drive, the citizen is informed who and where exactly the delivery is being made. You cannot refuse, since the police will have the right to use special equipment (handcuffs) and force delivery.

The use of an obligation to appear allows the investigative authorities to achieve the effect of surprise without allowing the citizen to prepare for interrogation. The drive procedure should not be interfered with; it can be appealed after execution.

At the initial stage of interrogation, a forcibly delivered citizen must declare the absence of any notifications about the need to appear before the investigator (he did not receive a summons). Also demand the assistance of a lawyer, the right of which belongs to every citizen (Article 48 Part 1 of the Constitution of the Russian Federation, Article 53 Part 2 of the Code of Criminal Procedure of the Russian Federation). The investigator must indicate in writing the request for legal assistance in the interrogation record.

What should be in the interrogation protocol

In practice, the following often happens. The investigator, when questioning a witness about certain circumstances of the case, records and sets out his testimony in the interrogation protocol as it is beneficial to him. This is where the pitfalls of the criminal process itself lie, which we do not recommend going into.

Insist on verbatim presentation of your testimony.

If your phrases are not corrected or the investigator does not want to correct your testimony or attach certain documents, then remember that the protocol contains a “comments” column. In this column you can make certain comments on the merits of your interrogation. And only after that you have the right to sign the protocol.

Remember that during interrogation you have the right to write down both the investigator’s questions and answers in order to control your interrogation record as a witness.

Insist on verbatim presentation of your testimony.

How does witness interrogation work?

After checking the details of the person who arrived on the subpoena, the investigator will explain to the witness his rights and obligations in accordance with part five of Article 164 of the Code of Criminal Procedure of the Russian Federation. What is required is official data, from marital status to being registered at a dispensary (narcology, psychoneurology).

Often, investigators motivate a witness to speak freely by asking them to “tell us what you know about the situation.” By listening carefully to the witness, the investigator will be able to identify his weak points and then build an interrogation around them. The police officer conducting the inquiry will try to bring the witness into a confidential conversation. He will present the most convincing arguments of the investigation after a while and always suddenly, in order to break through the emotional defense of the witness.

It is more convenient for the person being interrogated to participate in the interrogation in the “question-answer” format. By the way, the investigator will be well aware of the answers to the first few questions (up to 5-7 questions). He will try to evaluate from them how sincere the witness is. Keep in mind that the investigator’s task is for the person being interrogated to help him achieve his goal. And nothing else!

Keep in mind that with the procedural status of a witness, the personal interests of a citizen are the least protected (Article 56, Part 6 of the Code of Criminal Procedure of the Russian Federation). The only defense option for a witness invited by subpoena is to participate in the questioning of a lawyer.

When can you refuse to testify?

Only the refusal to testify from a citizen with the procedural status of a suspect or accused is completely safe, in accordance with Articles 46 (Part 4, Clause 2) and 47 (Part 4, Clause 3) of the Code of Criminal Procedure of the Russian Federation.

However, when in the procedural status of a “witness” or “victim,” the citizen is obliged to testify (Article 56, Part 6, Clause 2 of the Code of Criminal Procedure of the Russian Federation). Criminal liability for refusal to provide testimony is not applicable only if the testimony requested by the investigation threatens the witness himself, or his legal spouse, or close relatives (Article 308 of the Criminal Code of the Russian Federation, Article 51 Part 1 of the Constitution of the Russian Federation).

It should be noted that refusal to give testimony, even if there are legal grounds, does not always benefit the suspect or accused. For investigative authorities, a witness’s refusal to provide evidence on the merits of the case is perceived as a tacit admission of guilt. This may become a motivation to revise the procedural status of a witness to a suspect or accused.

It is more rational not to remain silent here, but to prepare for the interrogation in advance, having worked out the position on the case with a lawyer. In addition, the presence of a lawyer during the interrogation will allow the interrogated to maintain psychological calm and reasonably express his position. Moreover, the lawyer will not allow pressure on the client from a police officer trying to obtain testimony that is convenient for the investigation.

What do I need to sign during interrogation?

This is the most important question. It is not so important what you told the investigator, what is more important is what he wrote down about you.

A document in which all your testimony is recorded and must be signed. This document is called a protocol of interrogation of a witness. It is for the sake of this document that you were invited for interrogation; this is evidence obtained during a conversation with the investigator.

And you have to answer for the words written in the protocol, since you put your signature under it.

Where is the answer to be found? In the courtroom, because you will be invited to interrogation. The interrogation, where you are questioned by the investigator, is carried out during the preliminary investigation. And then comes the trial stage, where you will also be interrogated, but by a judge. Therefore, you should not believe the investigator’s words that you will not be called again.

You have to answer in the courtroom. In the presence of the defendant's relatives, the prosecutor and the judge.

You will be asked questions based on the text of the protocol drawn up by the investigator. If you refuse your words, the judge will ask you direct, uncomfortable questions.

In court, if you retract your words, the judge will ask you direct, uncomfortable questions.

And you will feel uncomfortable. To avoid such an unpleasant moment, do not sign the interrogation protocol until you have studied it.

Remember that the fate of a person or the decision in the case under investigation may depend on the contents of the protocol.

How to behave during interrogation

First of all, ask why they were called. Based on the investigator's response, it may be possible to understand the danger of the situation.

The dialogue with the investigator should be conducted respectfully, addressing strictly “you” and by first name and patronymic. And it doesn’t matter how older you are than the inquiry officer.

Note:

A witness has the right to testify in a language other than Russian if he speaks it poorly. An interpreter must be provided free of charge (Article 56 Part 4 of the Code of Criminal Procedure of the Russian Federation);
the witness has the right to petition for the application of state protection measures to him and his relatives (Article 11, Part 3 of the Code of Criminal Procedure of the Russian Federation);
continuous interrogation lasts no longer than 4 hours, after which a one-hour break is required. The daily duration of interrogation cannot exceed 8 hours (Article 187 of the Code of Criminal Procedure of the Russian Federation).

Often the investigator offers to tell you everything you know about the essence of the case. You shouldn't do this. Ask for specific questions. Don't be talkative - only talk about what the policeman asks.

Maintain a calm tone of speech and do not rush to answer. After listening to the question, pause briefly, then answer. This will prevent the investigator from determining which questions are bothersome to you. If the interrogator tries to rush you with an answer, tell him that you are worried because of the unusual surroundings. It is natural to feel discomfort during an interrogation.

If the question allows, answer “yes” or “no”. Don't give a detailed answer, this is not an exam. If you doubt whether to answer, say “I don’t remember” or “I find it difficult to answer.”

The interrogator may insist on an answer with the phrases “let’s think together” or “you try to remember.” Tell him that you cannot give testimony, the reliability of which you do not consider sufficient (Article 56, Part 6, Clause 2 of the Code of Criminal Procedure of the Russian Federation).

During the interrogation, the investigator will keep a protocol, recording questions that are significant from his point of view and your answers to them. This is his right and duty (Article 166 of the Code of Criminal Procedure of the Russian Federation). If you come with a lawyer, he will also take notes and, based on them, give advice during the interrogation. But even when participating in an interrogation without a lawyer, you also have the opportunity to take notes, since this is not directly prohibited by law.

By taking notes on the main points of the interrogation, you will be able to check with previously stated answers, and at the end of the interrogation, you will be able to compare your notes with the protocol.

Remember that you benefit from anything that gives you time to think about the issue. Write down the interrogation notes slowly, but without delaying the process too obviously. Therefore, when preparing for interrogation, be sure to take a pen and notepad with you.

If, in the event of a change in procedural status from “witness” to “suspect,” you are asked to sign a protocol refusing to have a lawyer, do not sign. The investigator’s phrase “where should I look for a lawyer now, it’s the end of the day (holiday, day off, quarantine, etc.)” is only an attempt to weaken your legitimate legal protection (Article 50, Part 2 of the Code of Criminal Procedure of the Russian Federation).

Never agree to the option of “paying off” - this is a provocation under “giving a bribe” (i.e. under Article 291 of the Criminal Code of the Russian Federation).

The investigator is your enemy: 10 tips from a lawyer during interrogation

Being summoned for questioning by the competent authorities to testify as a witness or suspect is always stressful, but you need to be prepared for such a situation. When can you not come for questioning? Under what circumstances does an interrogated person have the right to remain silent? How to avoid answering tricky questions? What can be countered to the investigator's tricks? How not to succumb to threats and blackmail? Dmitry Aleksashin, a former employee of the Investigation Department of the Ministry of Internal Affairs, lawyer, partner of the PASMI Legal Center, answers these and other questions.

The main thing you need to know when you are called in for questioning is that the investigator is not your ally. The exception is if you are a victim in a criminal case. Law enforcement officials have their own goals and objectives, often very different from yours. You should not trust information from the investigator; it may be unreliable even if he says that he is acting in your interests. Only a lawyer acts in your interests.

Conventionally, the interrogation of an investigator can be divided into three stages: preparatory (summoning for interrogation), main (interrogation itself) and final (reading and signing the protocol).

Tip one: tell your employer

As soon as you learn that a law enforcement officer intends to obtain a statement from you, inform your employer. If you work for a small company, you need to take care of a lawyer yourself.

Tip two - come according to the agenda

A witness or suspect is summoned for questioning using a subpoena. The summons is served either personally on the summoned person or sent to him by mail. If a person fails to appear without a good reason, the investigator has the right to forcefully bring him in.

Notify the investigator in advance of your inability to appear for questioning and ask to reschedule the date or time of questioning. If you can confirm the validity of the reason for a witness’s failure to appear for questioning, support this with relevant documents. For example, a medical certificate in case of illness, or air tickets if you were not in Russia on the date of interrogation by the investigator.

Illness or business trip are grounds for failure to appear for questioning by the investigator. The impossibility of appearing must be notified by a petition or telegram. As a last resort, call. But the conversation must be recorded.

Tip three - do not refuse a lawyer

If you are called in for questioning, avoid any communication with the investigator without the approval of your lawyer. Any negotiations with the investigator, including by exchanging messages using Internet messengers, by email or telephone, are best carried out with the knowledge of the lawyer.

You should not attend a witness examination without a lawyer. During the interrogation, the lawyer has the right to give you brief advice of both a legal and tactical nature. In addition, the lawyer will ensure that your rights are not violated during the interrogation.

By appearing for questioning by an investigator without a lawyer, you are leaving yourself without qualified legal assistance in a situation where legally trained law enforcement officers are playing against you.

The right to have a lawyer when questioning a witness is provided for by the criminal procedure law. It is advisable that a lawyer be present initially. However, at any time you can request a break in the interrogation in order to ensure the participation of a lawyer. If the investigator does not satisfy this request, the interrogation of the witness can be postponed, citing poor health.

Tip four - prepare a written position

It is necessary to prepare for the interrogation of the investigator. If you are summoned for questioning, it is necessary to find out the reason for the summons for investigative action. It is necessary to analyze the situation in detail and develop a written position with the participation of a lawyer to answer possible questions from the investigator.

The interrogation of a witness is carried out in order to clarify circumstances relevant to the criminal case. However, we must remember that the investigator independently determines during the interrogation what information is important. During the interrogation, the investigator has the right to ask questions at his own discretion. The witness must be prepared for a wide range of questions that the investigator may ask, not limited to the circumstances of the criminal case under investigation.

Tip five - don’t take anything unnecessary with you

Remember: in order to obtain evidence in a criminal case, the investigator has the right, before, during, or after the interrogation of a witness or suspect, to seize objects or documents that the witness has with him. When interviewed by an investigator, take with you only those items and documents whose seizure does not pose any risks. If you do have such items and documents with you, hand them over to your lawyer before communicating with the investigator.

Tip six - remember the right to refuse to testify

Before the interrogation begins, the investigator explains to the interrogated the rights and obligations. You should pay attention to Art. 51 of the Constitution of the Russian Federation, which enshrines the right of the interrogated person not to testify against himself and his close relatives, the circle of whom is determined by law. Thus, any person, on the specified grounds, has the right to refuse to give testimony (explanation).

The use of this constitutional norm does not indicate that the interrogated person is hiding any circumstances, and cannot be considered as evidence of his guilt. The use of one's constitutional rights cannot worsen the situation of the person being interrogated. A person may submit a request for additional questioning at any time.

Before the start of the interrogation, the investigator warns the witness about criminal liability for refusal to testify (Article 308 of the Criminal Code of the Russian Federation) and giving knowingly false testimony (Article 307 of the Criminal Code of the Russian Federation). The witness may be subject to such liability in the future.

You should not tell the investigator that you refuse to testify. However, if the situation is not clear to you, the answer to the question cannot be given without preparation and may entail risks for you or close relatives, it is better not to testify, referring to Article 51 of the Constitution.

Tip seven - answer briefly and to the point

When interrogating an investigator, do not be afraid to clarify questions and answer only the question posed. Listen carefully to the investigator's questions. Make sure you understand the question. Do not hesitate to ask again and ask for clarification of the question if you do not understand something, or if the question seems too general or abstract to you. Always try to remain calm and have a clear assessment of what is happening.

If the investigator asks you to state the circumstances of interest to him in free form, answer briefly and concisely. Do not express assumptions or opinions; in your answers, refer only to facts. Analyze every word you say based on possible risks.

During the investigative action, the interrogated person has the right to use the documents and records available to him. You can use a draft of your position during the interrogation of a witness, explaining to the investigator that in this way you will more accurately reproduce past events.

Ideally, your testimony should be set out verbatim in the protocol of the investigative action, and the investigator will act as the person who will record the position prepared in advance. Remember, if you were not asked something and you did not answer something, this does not mean that you lied.

Tip eight - don’t be afraid to answer “I don’t remember”

When interrogated by an investigator, do not hesitate to answer questions “I don’t remember.” This is especially true for “slippery” topics, as well as those questions that you are not ready to answer right now. This will allow you to gain time and prepare for the correct answer. It is the investigator's responsibility to ask questions and think them through in advance.

Tip nine - study the protocol

Do not allow the investigator to arbitrarily interpret your words. Carefully study the witness interview protocol before signing it. Everything should be stated exactly as you said, in the same wording.

If something is missing or you want to add something, then request changes to the protocol before signing. If the investigator refuses to make them, write the additions in your own hand at the end of the protocol - in the column “Comments to the protocol.”

Tip ten - don’t rush to sign

Never sign an interrogation report without reading it. During the interrogation of the investigator, the witness has the right to read the protocol; to confirm the correctness of the testimony stated in the protocol, the witness signs each sheet of the protocol.

Even if the investigator assures you that everything in the interrogation protocol is written down from your words, even if you are in a hurry, even if you are urged on and demanded to sign the protocol as quickly as possible (especially in this case), do not sign it without reading it. Remember that the record of interrogation of a witness is evidence in a criminal case. Anything you say during interrogation can be used to accuse you or someone else of a crime.

Always ask for a copy of the interview report as a witness. The investigator is not obliged to give it, but has the right, and you can ask for it. Before signing the protocol, you have the right to rewrite the text of your interrogation in your own hand.

What does the investigator not have the right to do?

The law does not provide for summons for questioning by telephone. The only exception is if you have given written consent to this in advance. If the investigator claims that a subpoena was sent to you, it is better not to avoid appearing for questioning.

The interrogation cannot last continuously for more than 4 hours . The interrogation may be continued after a break of at least one hour. The total duration of interrogation should not exceed 8 hours during the day.

Carrying out investigative actions at night ( after 10 p.m. ) is possible only in urgent cases. However, continuation of interrogation at night is possible with the consent of the person being interrogated. Before giving such consent to the investigator, analyze the appropriateness of this action.

Carefully ensure that the time indicated in the interrogation protocol corresponds to the actual time of interrogation. If there is any discrepancy, please indicate this in the “comments” column. When interrogated at night or for an interrogation lasting more than 8 hours, use the following formulations: “I am tired, I cannot testify at night,” “The duration of my interrogation is more than 8 hours, I am tired, I cannot give further testimony.”

Remember: the use of violence, threats and other illegal measures is unacceptable during investigative actions. The investigator may be held criminally liable for forcing a witness to testify (Article 302 of the Criminal Code of the Russian Federation). During the interrogation, the investigator does not have the right to threaten the witness (including with imprisonment).

Always make comments in the interrogation protocol and keep an undisclosed audio recording.

If you need qualified assistance from lawyers, please contact the PASMI Legal Center (write, call - 8 (495) 998-20-40.

If you have information about corruption violations by officials and law enforcement officers, write to the PASMI section “Report Corruption.”

How to check the interrogation protocol

Of course, the witness is looking forward to the end of the interrogation. I want to quickly leave the interrogation room and return to normal life. But the final stage of communication with the investigator is not the last question and answer - it is checking the contents of the interrogation protocol.

It is important not to rush to sign and carefully read the protocol prepared by the investigator, supplement and correct it. The interrogated person has the corresponding right to clarify the contents of the protocol in accordance with Article 190, Part 4, Clause 4 of the Code of Criminal Procedure of the Russian Federation (certifying the correctness of the protocol).

You should not be afraid of a negative reaction from the investigator in response to the request to correct the text of the witness’s testimony. In a criminal case, the evidence will be the protocol of the investigative action (interrogation) and it is very important that it contains information that reflects the interests of the witness (a summary written down by the witness during the interrogation will be useful).

Here it will be especially convenient to have the support of a lawyer who is accustomed to the interrogation environment and strictly follows the interests of the client. The lawyer will not be afraid of the potentially conflictual atmosphere of communication with an employee of the investigative agency who does not want to supplement the protocol.

Having discovered a distortion of his words when reading the protocol, the witness can and should make corrections to the text of the testimony, crossing out the distorted places and writing his comments over them. If the investigator refuses to change the contents of the protocol, the witness should not sign it, and also make a comment about the distortion of the meaning of his testimony.

Please note: it is the witness, not his defense attorney, who must enter comments into the interrogation document. Otherwise, when assessing this evidence, speculation will arise about the witness’s actual agreement with the testimony, since changes to the investigative document were not made by him (by someone else).

Since a copy of the final text of the testimony to the interrogated citizen is not transferred in the interests of the investigation (Article 161 Part 1 of the Code of Criminal Procedure of the Russian Federation), an audio recording of the interrogation for subsequent decoding or a snapshot of the finished protocol can only be made by a lawyer, an inspection (search) of whom without an appropriate court decision is prohibited by law (Article 450.1 Part 1 of the Code of Criminal Procedure of the Russian Federation). The presence of the text of the testimony will allow the defense attorney to prepare the client for the next interrogation, especially with possible criminal prosecution later.

Do I need to take documents for questioning?

It often happens that a witness has documents related indirectly or directly to the event that occurred.

In this case, a logical question arises: Should these documents be taken for interrogation?

If you have documents related to the case, in accordance with Part 3 of Art. 189 you have the right to take them with you. But you should weigh the pros and cons before making such a decision.

Here you should consult a lawyer about the possible risks. His qualified assistance would be useful to clarify important details:

Firstly, documents may be valuable for the investigation, and the investigator may decide to seize them in the interests of the investigation.
Secondly, by such actions you can show excessive awareness of the details of what happened, which will entail increased attention to your person.
Thirdly, when you come to an interrogation with documents, you reduce your time reserve for thinking through the investigator’s tricky questions, that is, he may ask about what is indicated in the documents and you will no longer have the option to remain silent.