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.

Methods of transmitting a subpoena

According to Part 2 of Art. 188th Code of Criminal Procedure of Russia, a summons can be:

Handed to a citizen who is summoned for questioning, necessarily against his signature. If he is temporarily absent, the summons may be served on one of his family members who have already reached the age of majority.
Transmitted using various means of communication.
Transferred to the administration of the organization in which the called person works.
Delivered to other persons or organizations if ordered by the investigator.

Note that in the first three cases, the summons is served by the investigator, the inquiry officer, or the court. In the fourth case, it can be handed over to the police (the body of inquiry).

Often, the police, in the absence of the addressee , try to pass the summons through third parties (neighbors, concierges, etc.) or simply leave it in the door slots of the addressee’s entrance doors.

Such methods of transfer are not provided for by the Code of Criminal Procedure of the Russian Federation. Therefore, persons not provided for by this code do not bear any responsibility for the transmission of such a summons.

Calling the police by phone

Does the investigator have the right to call for questioning by telephone? I think this question is of interest to many, especially those who have already had similar situations of being called for questioning by telephone, without an official summons.

As a rule, people do not know whether this is legal and how to react in such cases. Most of them even refuse to talk on the phone and demand to send a summons.

However, in the form of such a summons there is even a space provided for noting that it was served by telephone. So it's completely legal.

But in practice, it will be quite difficult for law enforcement officers themselves to prove that they spoke with the person they called.

And a citizen, in turn, may not appear for questioning if he is summoned to it by telephone. Since he also cannot be one hundred percent sure that it is the interrogator or investigator who is talking to him.

Read about whether it is possible to identify scammers by phone number here.

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.

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!

Is it necessary to have a lawyer present when questioning a witness or suspect?

Whether or not to call a lawyer for questioning is everyone’s personal choice, but one must remember that this is a right that is guaranteed to every citizen of the Russian Federation. There is an opinion that only those suspects who are definitely guilty and need protection are hired by a lawyer for questioning. If a person knows that he is innocent, then he can cope without outside help. And this is a very erroneous point of view: no one knows how the interrogation may turn out, it is quite possible that the police have some evidence against you, which, together with the psychological impact, can lead to a confession of guilt and unpleasant consequences. In addition, in the presence of a lawyer, the police will be much more restrained and tolerant of the interrogated person, and will monitor compliance with all procedural norms and human rights. Based on this, if you are summoned for questioning as a witness or suspect, immediately contact a criminal lawyer, tell him the essence of the situation and invite him to interrogation with you. Remember that the sooner a professional lawyer gets involved in a case, the easier and faster it can be resolved.

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.

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.

Persons not subject to interrogation

According to Art. 56 of the Code of Criminal Procedure, witness testimony cannot be demanded from the following persons who received information about a crime in the performance of official duties:

Judge, juror, arbitrator (arbiter).
The lawyer of the suspect (accused) or other person who has applied for legal assistance and provided information regarding the case under investigation. The exception is cases when the lawyer himself requests interrogation in the interests of his client and with his consent (or the consent of another person).
President of the Russian Federation.
A member of the Federation Council, a State Duma deputy, unless they express their consent.
Diplomat.
Commissioner for Human Rights in the Russian Federation.
Inspector of the Tax Service.
Priest.

The procedure for questioning a witness under the Code of Criminal Procedure of the Russian Federation, as well as an example of an interrogation protocol can be found in a separate article https://lexconsult.online/6832-poryadok-doprosa-svidetelya-po-upk-rf

Witness immunity also applies to:

a suspect who has the right to refuse to provide information discrediting him;
close relatives of the defendant.

If these persons are nevertheless summoned for questioning, they must appear at the place of demand and present documents confirming their immunity.

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).

Commentary on Article 188 of the Code of Criminal Procedure of the Russian Federation

1. Part 1 of the commented article speaks only about the witness and the victim, meanwhile, the procedure for calling for questioning enshrined here can be extended to other participants in the criminal process who, according to the Code of Criminal Procedure, can testify (the accused, the suspect, the expert and the specialist). It does not apply only to those subjects who are subject to interrogation at their location or who are not subject to summons and interrogation.

2. According to Part 2 of Art. 8 of the Federal Law “On Advocacy and the Bar in the Russian Federation”, a lawyer cannot be summoned and questioned as a witness about the circumstances that became known to him in connection with an appeal to him for legal assistance (both within the framework of criminal, civil, arbitration and even administrative process) or in connection with its provision. The prohibition of interrogating as a witness a lawyer - a defender of a suspect or accused - about circumstances that became known to him in connection with an appeal to him for legal assistance or in connection with its provision, is also contained in paragraph 2 of part 3 of Art. 56 Code of Criminal Procedure of Russia.

3. The defendant’s defense attorney cannot be questioned as a witness about the circumstances and facts that became known to him in the framework of his professional activities in providing legal assistance, regardless of the time and circumstances of his receipt of such information <1202>. ——————————— <1202> See: Determination of the Constitutional Court of the Russian Federation of July 6, 2000 N 128-O “On the complaint of citizen Viktor Vasilyevich Parshutkin about the violation of his constitutional rights and freedoms by paragraph 1 of part two of the article 72 of the Code of Criminal Procedure of the RSFSR and Articles 15 and 16 of the Regulations on the Bar of the RSFSR” // Ross. newspaper. 2000. August 3.

4. The following cannot also be questioned:

- judge, juror - about the circumstances of the criminal case that became known to them in connection with participation in the proceedings in this criminal case (clause 1, part 3, article 56 of the Code of Criminal Procedure of Russia);

- a clergyman - about the circumstances that became known to him from confession (clause 4, part 3, article 56 of the Code of Criminal Procedure of Russia);

- a member of the Federation Council, a deputy of the State Duma without their consent - about the circumstances that became known to them in connection with the exercise of their powers (clause 5, part 3, article 56 of the Code of Criminal Procedure of Russia).

5. Accordingly, it is not recommended to call such persons for this type of interrogation.

6. Meanwhile, it should be recognized that the prohibition of interrogating an official is not yet a direct prohibition of calling him for questioning. Therefore, such a challenge cannot be considered illegal. A person summoned for questioning is obliged to appear for questioning and report (provide documents confirming this circumstance) that he has witness immunity.

7. Our recommendation against calling persons with witness immunity, in respect of whom there is no direct legislative prohibition of calling them for questioning, applies only to those cases where their corresponding immunity is confirmed by the materials of the criminal case at the time of their invitation for questioning.

8. A witness (accused, etc.) is summoned by subpoena. This term was used three times by the legislator in the commented article. And everywhere it means a procedural document drawn up by the person conducting the investigation or executing the instructions of the investigator (investigator, etc.). This document is drawn up in compliance with the rules enshrined in the commented article

9. Moreover, a witness (accused, etc.) who has reached 16 years of age is summoned to the investigator (inquiry officer, etc.) by sending a written demand - a summons - to his address. A minor who has not yet turned 16 years old is also sent a summons. But it should be formatted somewhat differently.

10. As follows from the content of the commented article, the law does not require the summons to indicate specific evidence (circumstances) that served as the actual basis for the summons for questioning.

11. It is not enough in the summons to indicate information about the person to whom the witness (accused, etc.) has been summoned; it should also reflect the exact address of the building and the number of the office where he should come.

12. The summons also reflects the consequences of failure to appear without good reason. The consequences of failure to appear without good reason, which must be reflected in the summons, are expressed by the phrase “in case of failure to appear within the specified period without good reason on the basis of Art. 113 Code of Criminal Procedure You can be subjected to arrest either on the basis of Art. 118 of the Code of Criminal Procedure, a monetary penalty may be imposed on you.”

13. Since a person can be summoned for questioning only after the initiation of a criminal case, these consequences do not apply to those who are invited to the preliminary investigation body or the inquiry body in the process of verifying a statement (report) of a crime. Therefore, if such a person is summoned by summons, it is recommended that the above consequences be crossed out on the pre-printed form so as not to deceive the summoned person.

14. Part 2 of the commented article is devoted to the procedure for serving a subpoena on a witness (accused, etc.).

15. “Served” means that the procedural document in question is handed over in person. In this case, the person is explained the purpose of this document, the obligation arising from its receipt, and responsibility in case of failure to fulfill this obligation. It is recommended that when serving the summons, the entire contents of the summons are read to the person. Although this requirement is not directly enshrined in the law.

16. It is recommended to serve the summons on the witness (accused, etc.) against a signature indicating the date and time of delivery. But sometimes a summons was brought, but the witness (accused, etc.) was not at home. In such a situation, a subpoena for delivery to the witness (accused, etc.) is handed over against signature to any of the adult capable family members living with him, an employee of the housing maintenance organization or administration at his place of work, or a representative of the village (rural or other at the place of residence ) administration or other persons. The above-mentioned persons are obliged to hand over the subpoena to the witness (accused, etc.) called for questioning. Responsibility for failure to fulfill a procedural obligation is provided for in Art. Art. 11, 111, 117 Code of Criminal Procedure of Russia.

17. The summons is transmitted by courier or by means of communication. Accordingly, it can be transmitted by post, telephone message, telegram, facsimile, electronic or any other communication.

18. Part 2 of the commented article determines the procedure for transmitting a summons in the event of the temporary absence of the person summoned for questioning. Absence is temporary when there is evidence that the person summoned for questioning will return to the apartment (house) where he lives within 24 hours. Or at least he will return so quickly that he will be able to appear on time for interrogation <1203>. In other words, his absence from his place of residence will not be a valid reason for failure to appear for questioning. ——————————— <1203> Similar judgments were made by other scientists. See: Commentary on the Criminal Procedure Code of the Russian Federation... M.: Yurayt-Izdat. P. 455; and etc.

19. The legislator provides an additional mandatory condition for the transfer of a subpoena to another person or organization. It can only be carried out on behalf of the investigator (interrogating officer, etc.). The form of such an order is not defined by law. However, we recommend a written form of instruction. It is not necessary to formalize the order by a special resolution of the investigator (investigator, etc.). Such a resolution is drawn up so that a person who does not have a criminal case under investigation has the right to carry out separate investigative actions on it. The order to transmit a summons can be formalized in the summons itself. To do this, it is sufficient to act within the limits provided by Part 3 of Art. 474 of the Code of Criminal Procedure of the powers, provide the summons with an additional column indicating through which other person or organization the summons can be transmitted in the event of the temporary absence of a witness (accused, etc.).

20. Part 3 of the commented article imposed on the person summoned for interrogation the obligation to appear at the appointed time, and also resolved issues arising in connection with the failure of this subject of criminal proceedings to appear for interrogation.

21. To avoid a situation when the investigator (inquiry officer, etc.) does not know whether the witness (accused, etc.) did not appear before him for a good reason or not, the latter must notify the investigator (inquiry officer, etc.) in advance about the reasons why he cannot come to him at the appointed time.

22. Notification may be either oral or written. Nevertheless, we recommend that in cases where a witness (accused, etc.), for example, reported the reason for his failure to appear by phone, simultaneously send the investigator (inquiry officer, etc.) a corresponding letter of notification. In this letter, indicate when (date and time) and to whom exactly they were informed by telephone (what number) about his failure to appear and what the reasons were for this. This should be done so that in the event of a subsequent violation of the legal rights and freedoms of a witness (accused, etc.) by bringing him in, despite a valid reason for absence from interrogation and prior notice of failure to appear, he has evidence that he acted in accordance with with the rules of part 3 of the commented article

23. The investigator (interrogating officer, etc.) should be notified of both the failure to appear and its reasons. Moreover, it is not necessary that the reasons for non-appearance be valid. Whether the reasons that prevented the witness (accused, etc.) from appearing for questioning at the appointed time were valid is ultimately decided by the investigator (inquiry officer, etc.). The witness (accused, etc.) is obliged to report the actual reasons.

24. If he gave a reason that, in the opinion of the investigator (interrogating officer, etc.), was disrespectful and did not appear for interrogation, if he violated only one obligation - the obligation to appear for interrogation at the appointed time. He can challenge the legality of the action taken against him in such a situation (the imposition of a monetary penalty). Bodies (officials) exercising control and supervision over the activities of the investigator (inquiry officer, etc.) may take the position of a witness (accused, etc.), recognize the reason given to them for failure to appear as valid, and thus agree that the arrest was illegal.

25. If the witness (accused, etc.) did not give any reasons for his failure to appear at the interrogation, he violated two obligations, and in any case, the arrest against him is lawful.

26. Other measures of procedural coercion (provided for in Part 2 of Article 111 of the Code of Criminal Procedure of Russia), in addition to the summons, may be applied to a witness (accused, etc.) who has not appeared, and to the accused and suspect, in addition, preventive measures.

27. Part 4 of the commented article describes the features of calling persons under 16 years of age for questioning.

28. In this case, the summons is issued for delivery not to the summoned minor, but to his legal representative or the representative of the administration at the place of work or study of the witness (accused, etc.).

29. The procedure for calling a minor witness for the first interrogation should be as follows:

1) a decision is made on the admission to participation in the criminal case of one of the parents, adoptive parents, guardian, trustee of a witness (accused, etc.) under 16 years of age or a representative of the institution (organization) in whose care this witness (accused, etc.) is located .), guardianship and trusteeship authority as a legal representative <1204>; from this moment the parent (adoptive parent, etc.) becomes the legal representative; ——————————— <1204> Further, for brevity, unless otherwise specifically stated, a parent (adoptive parent, etc.).

2) a summons is sent (transferred) to the legal representative to summon the person under 16 years of age for questioning;

3) the legal representative appears for questioning together with the person represented;

4) before the interrogation, the legal representative is given a resolution on his admission to participate in the criminal case, his rights, duties, responsibilities and the procedure for conducting the interrogation are explained;

5) a person under 16 years of age is interrogated;

6) the legal representative has the right to be present at this interrogation.

30. Part 4 of the commented article also talks about a different procedure for summoning a person under 16 years of age for questioning. Another procedure in relation to summoning such a witness (accused, etc.) would be to summon him by summons, telephone message, telegram handed directly to him and not to his legal representative, or to serve a summons to another person, but again not allowed to participate in the criminal case in as his legal representative. A different procedure should also be considered to call a witness (accused, etc.) under 16 years of age through the administration of the institution where he is located or sometimes stays (administration of the pre-trial detention center, head of a sports section or circle, etc.).

31. The circumstances of the criminal case, which, according to Part 4 of the commented article, determine the possibility of summoning a witness under 16 years of age (accused, etc.) not through his legal representative (the administration at the place of his work or study), can be connected both with those available in the investigator (inquirer, etc.) has information that the legal representative negatively influences the person represented, contributes to his failure to appear for interrogation, and does not have the power (authority) necessary to ensure the minor’s appearance. This group of circumstances should also include the presence of a witness (accused, etc.) without access to him by his legal representative (the administration at his place of work or study). We are talking about a situation where a witness (accused, etc.) under 16 years of age is, for example, in custody or in the infectious diseases department of a hospital, etc.

32. According to part 5 of the commented article, all military personnel are summoned for questioning through the command of the military unit in which they serve. The command of a military unit should include the corresponding commanders (chiefs) of military units and their deputies. And by military unit we mean military command bodies, associations, formations, military units, ships, organizations, military professional educational organizations and military educational organizations of higher education, in which, in accordance with the legislation of the Russian Federation, military personnel undergo military service (Article 2 of the Federal Law dated July 12, 1999 N 161-FZ “On the financial liability of military personnel” <1205>). ——————————— <1205> See: Collection. legislation of the Russian Federation. 1999. N 29. Art. 3682.

33. Based on what is enshrined in Part 2 of Art. 3 of the Criminal Procedure Code of the Russian Federation, a summons for interrogation of a person enjoying immunity from such actions in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation can only be carried out with the consent of the foreign state in whose service the person enjoying immunity is or was, or an international organization of which he is or was a member of the staff.

34. See also commentary to Art. Art. 5, 56, 104, 111 - 113, 172 - 174, 182, 191, 456 Code of Criminal Procedure <1206>. ———————————

Note:

Monograph by Ryzhakov A.P. “Interrogation: grounds and procedure” is included in the information bank. <1206> For a more complete commentary on this article, see: Ryzhakov A.P. Interrogation: grounds and procedure. M.: Delo i Servis, 2014. 192 p.

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.