The investigator became very nervous during the interrogation why. How to behave correctly during interrogation using NLP and neurolinguistic programming techniques. How to correctly answer questions from an investigator or interrogator in the police, FSB, Investigative Committee, Narcotics

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The main goal that the investigator sets for himself when conducting an interrogation is to obtain the maximum amount of information within the framework of a particular investigation. And the way in which this information is obtained does not always comply with the requirements of the law.

The investigator does not have to use physical force during the interrogation or any other measures of influence. It is enough to have the right psychological impact on the person being interrogated, and this is often enough for the person to give the testimony the investigator needs. An experienced investigator is able to construct an interrogation in such a way that the witness, suspect or accused does not even understand that his rights were violated, and he himself gave the testimony that was expected of him.

Therefore, one of the basic rules for a person facing an interrogation procedure is the presence of a lawyer.

Never rely on your own knowledge of the laws. Only an experienced criminal lawyer can promptly point out violations of procedural law during interrogation and protect you from making irreparable mistakes. Even if you are involved in the case as a witness, the presence of a lawyer will prevent unscrupulous investigators from obtaining from you information that the investigators themselves primarily need.

A summons for questioning is carried out by means of a summons, which must be handed in against signature. The exception is for accused or suspects to whom a measure of restriction of freedom in the form of arrest has been applied.

There are a number of unwritten rules, the observance of which is recommended for all persons participating in interrogation as a witness, suspect or accused.

Talk as little as possible. Answers to any questions must be brief, unambiguous, and not subject to double interpretation. You should not give lengthy explanations, since only the essence of your statements will be included in the protocol and it is not at all necessary that it will be exactly the information that you wanted to convey to the investigator.
Pause before each answer, even if it is an answer to a basic question. Firstly, this will allow you to more carefully formulate the answer itself, and secondly, it will not give the investigator the opportunity to confuse you with a quick change of questions. If a question is not clear to you, ask the investigator to repeat it.
To prevent the possibility of psychological influence on the part of the investigator, you should not look him in the eyes. An experienced investigator can easily determine your emotional state based on small signs (hand trembling, frequent blinking, etc.) and direct the interrogation in the right direction.
Do not answer any questions unless they are recorded on the record. Anything you say can be used against you. Do not sign blank protocol forms or partially completed sheets.
Don't be afraid of anything and don't let yourself be intimidated. Whatever your status during interrogation, you have certain rights and no one is allowed to violate them.
You have the right not to testify against yourself or your loved ones. Don’t be afraid to use this right; you certainly won’t worsen your situation.
Do not allow aggression or rudeness.

The general rules of conduct during interrogation are the same for all persons, regardless of their procedural status. However, for a witness, suspect or accused, there are nuances of correct behavior during interrogation.

Four Basic Principles

Let us assume that, when thinking about whether it is permissible, from the point of view of your ideas about morality, to answer this or that question, you, as it were, sift it through some sieve - sieve “D” (from the word “admissibility”). There are three more sieves that will make you feel confident. Now we will look at them.

How to answer a difficult question? (About the sieve “P” and “L”)

Don't worry. There are so many difficult questions that require one simple answer. It must be pronounced politely and slowly: “Write your question down in the protocol and I will answer it.” . If the investigator does not record his question in the protocol, you are not required to answer it. We will conventionally denote these arguments as sieve “P” (“protocol”).

Sieve "P" prevents the investigator from writing a draft report. It prevents, for example, from canceling asked question, if after your answer it seems unprofitable to the investigator. This is important.

However, most likely, the question that concerns you personally will be “difficult” for you. That is, in this case, you cease to be a witness and become a suspect or accused. But according to the law, a suspect or accused is not liable for giving false testimony and for refusing or evading testimony. In the Bulletin Supreme Court USSR (1974, No. 4, p. 245) says: “Interrogation as a witness of a person suspected of committing a crime deprives him of the opportunity to exercise his right to defense and therefore cannot be recognized as meeting the requirements of procedural law.”

Imagine, someone K. declared that he took the book taken from him from you. Of course you're upset. Regardless of whether this book is harmful to the government or not. It's definitely bad for K, and bad for you too. In this case, you will say that, of course, you would be happy to answer whose book it is, but in fact you cannot do this, since you are not impartial. You, in essence, cannot be trusted as a witness, since you are interested person. You are a suspect in a crime. No really...

Finding out the truth, if possible, should occur without your participation. “I’m interested in proving my innocence,” let’s say you answer. “What’s stopping you from proving it?” - the investigator will ask. “A lot,” you answer. — Firstly, the lack of a lawyer. Secondly, ignorance of the laws. Thirdly, it is not known what exactly needs to be proven; I have not been charged. And, finally, the very need to prove. There is an opinion: It’s up to the investigation to prove it, isn’t it?”

If the investigator does not calm down, it is useful to go through the entire piece with him again, starting with the words “that we would be glad to answer the question...” Let’s call these reflections, conventionally, sieve “L”, from the word “personal”.

It should be noted that refusing to answer a question that relates to you personally is often psychologically difficult, especially in sensitive situations, when it can be regarded as cowardice. For example, with the same K. You are sorry that he suffers because of your book. You would be ready to help him out by taking on the “sin” upon yourself. But can this position be considered correct? Of course not. It is much better to simply explain the absurdity of your position as a witness in this case. After all, you simply cannot be one!

Another example does not relate to the practice of investigation, but the situation is quite common, so I will allow myself to give it. Suppose a person worked for 25 years in a responsible job and always, right up to his dismissal (due to the desire to go to Israel), received big salary. To the policeman’s question: “Where do you work?” - he is unlikely to refuse to answer. He would rather “confess” that he does not work anywhere and would prefer to prove that he lives on money earned by honest labor than simply refuse to answer the question. In this way, he will make it easier to persecute himself for parasitism, while those who are obliged to prove that he is a parasit should be forced to prove that he is a parasit.

A question that is not relevant, or a question that is “too close” to the case (about the “O” sieve).

One day Valery Chalidze refused to answer some question from an investigator. He asked: “Why?” Chalidze replied: “Your question has nothing to do with the present case. It relates to a case that has not yet been initiated regarding my refusal to answer the previous question.”

So, if you are sure that the investigator’s question is not relevant to the case, you have a reason not to answer it. But it is interesting that the same reason arises if the question suggestive , i.e. “too close” to the matter, or, in other words, suggestive The answer to the witness is “yes” or “no”. The law expressly prohibits asking leading questions. For example, you cannot ask: “Did Rabinovich give you to read “The Gulag Archipelago?” You should ask: “Did Rabinovich give you any books to read?” Let us further assume that you are saying that you do not understand which Rabinovich we are talking about and would like to see his photograph. In this case, the investigator does not have the right to show you one photograph (this would be a leading question). He should show several photographs at once so that you yourself recognize Rabinovich in one of them. Such a request is not so easy to fulfill. Moreover, the entire identification procedure must be carried out in the presence of witnesses and documented in a protocol.

The examples above are not entirely successful, or rather not at all successful :) But the general train of thought is clear if they suddenly call for Article 282.

D. Demushkin conducted a training seminar: Repressions. (Part 1)

D. Demushkin conducted a training seminar: Repressions. (Part 2)

How to behave correctly during interrogation?

Unfortunately, a person can meet a criminal not only in a dark alley or in his own apartment, but also in the office of a modern official, in the “corridors of power.”
We would like to give some advice on how to behave and what to do if you fall into the hands of a “criminal” from the authorities. Let's start with a simple thing: you were detained on the street by police officers on suspicion of something, but you did nothing. The first thing you, feeling that you are right, should demand is to release you or invite a prosecutor; write a statement about your illegal detention. Demand that your relatives be notified of your arrest. If you have a lawyer, you need to contact him immediately. It is necessary to demand that police officers or other law enforcement agencies provide their names and positions. In this case, you should look at the service IDs from their hands. Write down the names of the police officer on duty, if they start searching you, demand the sanction of the prosecutor, invite witnesses, write down their data.

Demand to explain why you were detained. Without special need, the police can keep you for no more than two hours. Understanding that arbitrariness is being committed, that they want to deprive you of money and valuables, do not hesitate to shout and attract the attention of citizens, call on citizens to inform the prosecutor’s office, relatives or authorities that a crime is being committed by the police. Feeling that you are right, behave confidently and do not give in to provocations. Demand to invite senior police officers or the management of the Internal Affairs Directorate. Without reading the document carefully, do not sign it; if you are asked to write an explanation, write it yourself, do not trust it to anyone in order to avoid further insertions.
If you were placed in a temporary holding cell, demand the document on the basis of which you were placed there. Demand a prosecutor. Ask for paper to write a complaint. If they start beating you, defend yourself and scream for help. In the cell, shout that you were detained illegally and that the prosecutor be notified about this, since it is possible that there are people in other cells who can be released, and they will report this. Do not give in to provocations in the cell; if necessary, fight back. If you are released, contact a lawyer and then decide where to complain and what to do.
If the police detained your child under the age of 14, request a meeting with him. Ask what they did with him, how they talked. Until the age of 14, he can only be interrogated in your presence or in the presence of a teacher.
Find out what he signed and whether he read what he signed. In case of violations by the police and complaints from the child, demand his release and contact the prosecutor's office.
Consult a competent lawyer and act, remembering that evil should not triumph.

A person subject to interrogation may find himself in different situations:

1). witness;
2). suspect;
3). the accused;
4). the defendant.

When receiving a summons, you must check that it is correctly formatted, i.e. it must indicate the institution where you are being summoned, with the name of the investigator, with a signature; it is handed over to you or your relatives against signature, as well as by registered mail. It happens that the summons just lies in the mailbox. The subpoena must indicate whether you are being called as a witness or a suspect. If you are sick, i.e. available
sick leave, you may not appear for questioning, but you are required to notify the investigator about this.
So, the summons has been received, and you or your relatives have signed for its receipt; Now, if you don’t show up for questioning, this is already grounds for you to be brought in, according to the investigator’s decision. Remember: if you were not notified and you or your loved ones did not sign on the counterfoil of the summons to appear, then there are no grounds for arrest. It’s the same if you were invited by telephone, because anyone could talk to you, and you could take it as a joke. That is, only an official summons with notification or signature of its receipt is valid.
A police officer also has the right to invite someone to testify by presenting their identification; but in such cases, you have the right to demand a summons or a separate order to deliver you, signed by the investigator. Notify your loved ones, leave them the phone number and the name of the investigator to whom you are being called.
If the interrogation did not end entirely successfully for you and you are detained in a pre-trial detention cell, the investigator is obliged to notify your family and the prosecutor within 24 hours in writing or by telephone about the detention and the place of your detention. Before the interrogation, get a good night's sleep, take a walk in the fresh air, you can take a sedative and, most importantly, do not give in to the feeling of fear; remember that investigators and judges, just like you, are citizens and have the same rights and responsibilities before the law, so do not look at them as super-humans; They also have families and relatives, but in addition to this they have an official duty, they are vested not only with power, but also with responsibility for the abuse committed.

Article 302 of the Criminal Code of the Russian Federation. Compulsion to testify

"1. Forcing a suspect, accused, victim, witness to give evidence or an expert to give an opinion by using threats, blackmail or other illegal actions on the part of the investigator or the person conducting the inquiry - is punishable by imprisonment for a term of up to three years.
2. The same act, combined with the use of violence, bullying or torture, is punishable by imprisonment for a term of two to eight years.”

The majority of investigators are decent, normal people, however, unfortunately, there are also people of a different category, but you can only determine this when it is already quite difficult to correct something. Therefore, treat the interrogation with the utmost care. If you have a voice recorder, take it with you and put it in working condition: this is not prohibited by law, but it can protect you from further provocations and falsifications. If you have doubts about the fact of a call to law enforcement agencies, you can come with a friend or a lawyer who will be waiting for you in the corridor or lobby of the institution. When you come for questioning, clarify who you are dealing with, you can ask for identification, and you must present it. After making sure that the investigator who called you is in front of you, clarify why you were invited. If, for example, a car was stolen from a friend of yours, then you cannot be questioned about your work, since this is not the subject of the investigation.
The agenda indicates the time to which you were invited, but life is life, and the investigator may not calculate something; treat this calmly, with understanding, behave politely but confidently. If you begin to feel that you are being deliberately ignored, kept in the corridor, go to the investigator and tell him that you also have work to do and if he cannot interrogate you now, then let him set a new time. If he tells you to wait, then ask how long? Having heard the answer: “You will wait as long as necessary,” feel free to go to his boss so that he can sort out the situation. Well, if you understand that at the same time they are trying to make you a “second-class” person, say that you are a citizen of the state, like them, and will not allow yourself to be humiliated. Let them not abuse their official powers.

IN conflict situations contact the prosecutor's office, substantiating the complaint with objective facts. However, before starting a conflict on this basis, it is necessary for someone to make a note that you have arrived. And one more thing: if a police detective starts interrogating you, and not an investigator, ask him for a separate order from the investigator about your interrogation or a resolution to include him in the investigative group with the right to interrogate. The police officer can only get an explanation from you. He has no right to interrogation without the appropriate documents. There are cases when low-ranking employees, without informing the investigator, collect information for some of their own reasons, so from the very beginning you need to understand on whose initiative you were called in for questioning. If you are not presented with the above documents, you are not required to testify and sign the protocol.
The prosecutor, his deputy, the investigator, and interrogators can interrogate. And the detective officer, police inspector, and operational employees of the State Security Service do this only on a specific order or by order of their inclusion in the investigative team with the right of interrogation, signed by the investigator
or a prosecutor. Before interrogation, you have the right to raise the question of recording it on a video recorder or tape recorder; If this issue is important to you, enter the petition into the protocol with your own hand. The investigator must give an official answer: either agree or refuse. If it is refused for technical reasons, you can offer your services, i.e. provide your equipment. Bring video and audio equipment for monitoring, disciplining the investigator and limiting him in the use of illegal interrogation techniques.
Now about the course of the interrogation and its place. You may be questioned in your office, or in some cases at your place of residence. If you do not wish this, you must be invited to the police or prosecutor's office for questioning. Remember that before the interrogation you will be warned about liability for refusal to testify and for giving false testimony under Article 308 and Article 307 of the Criminal Code of the Russian Federation.

Article 308 of the Criminal Code of the Russian Federation. Refusal of a witness or victim to testify

“The refusal of a witness or victim to testify is punishable by a fine in the amount of up to forty thousand rubles or in the amount wages or other income of the convicted person for a period of up to three months, or compulsory work for a period of one hundred twenty to one hundred and eighty hours, or correctional labor for a period of up to one year, or arrest for a period of up to three months.
Note. The person is not subject to criminal liability for refusing to testify against yourself, your spouse or your close relatives.
Let us clarify: the number of cases under this article is negligible. Almost no one is brought to criminal responsibility. Yes, and you can evade testifying in different ways. One phrase written down in the protocol: “I don’t feel well and don’t remember the events about which you are interrogating me,” can deprive the investigator and judiciary the possibility of holding you accountable under this article. Of course, it is the duty of citizens to testify, otherwise the investigation and the court will not be able to expose the real criminals. You must have respect for the law, but the law must also respect you, i.e. there needs to be reciprocity.”

Article 307 of the Criminal Code of the Russian Federation. Knowingly false testimony, expert or specialist opinion, or incorrect translation

"1. Knowingly false testimony of a witness, a victim, or the conclusion or testimony of an expert, the testimony of a specialist, as well as deliberately incorrect translation in court or during a preliminary investigation, is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months. , or by compulsory labor for a term of one hundred eighty to two hundred and forty hours, or by correctional labor for a term of up to two years, or by arrest for a term of up to three months.
2. The same acts, combined with accusing a person of committing a grave or especially grave crime, are punishable by imprisonment for a term of up to five years.
Note. A witness, victim, expert, specialist or translator are exempt from criminal liability if they voluntarily during the inquiry, preliminary investigation or trial before a court verdict or a court decision was made, they declared that their testimony, conclusion, or deliberately incorrect translation was false.”

Example. You are asked about the details of an event that took place several months ago. If this event is not imprinted in your memory due to some interesting facts your life, then, of course, you did not focus on it. Considering that after 1-3 hours a person forgets up to 30% of what he saw and heard, you can, when answering an investigator or in court, calmly say that you do not remember the details of the event and do not want to mislead the justice authorities. There should be no questions for you after this. If you still try to help the investigation and try to clarify some issue by giving testimony, then you need to talk about what actually happened, and not about what your imagination, the imagination of the investigator or the judge, depicts. Remember that behind your every inaccurate word there may be crippled destinies of innocent people. Remember: you should only say what you have actually seen and what you clearly know. Now, according to the law, you have the right not to testify against your relatives: mother, father, brothers, wife, which would incriminate them.
Any testimony given during the preliminary investigation does not constitute grounds for bringing you to criminal liability under Art. 307 of the Criminal Code of the Russian Federation. But any testimony, regardless of what methods they were obtained, testimony confirmed by you in court hearing, allow the court to initiate a criminal case against you under Article 307 of the Criminal Code of the Russian Federation.
The investigator fills out your personal information, which includes:

Full name, year of birth, place of birth, nationality, place of residence, place of work, criminal record.

After this, you have the right to declare that you will testify in your own hand or the investigator can take the protocol. Having decided this question, the investigator begins to ask. Questions should be asked politely and only about the topics and circumstances being investigated in the case. The interrogation may take the form of questions and answers. You carefully listen or read the question, write the answer or the investigator writes it down, carefully check the protocol and sign. The investigator is obliged to include in the interrogation protocol the persons who are in the office besides the two of you, indicate their positions, and you have the right to demand documents from these persons. If during the interrogation they shout at you, begin to insult you, threaten you, blackmail you, force you to sign the protocol without reading, ask questions that are not related to the subject and circumstances of the case under investigation, you have the right to refuse to give further testimony, write it down in the protocol, demand to invite the head of the investigative department or a representative of the prosecutor's office or state that you will call the above organization (you can check in advance the telephone numbers of the Ministry of Internal Affairs of the Russian Federation, the Regional Internal Affairs Directorate, the Prosecutor's Office of the Russian Federation or the region).
If they start beating you, resist, scream for help, try to leave the room and seek help. In case of these violations, you have the right to file a complaint with a higher organization, or you can go to court with an application to hold officials accountable. If there are injuries, get a doctor's note.
When the interrogation is over, you carefully re-read the protocol and sign each sheet. If you have any comments, indicate them at the end of the protocol and write: “I read the protocol, it was written down correctly (in my words), there are no additions or changes.” If video filming or sound recording was carried out, this should be indicated at the end and beginning of the protocol. All persons who participated in the interrogation must sign the protocol. In addition, it must be indicated from what time and until what time the interrogation lasted, and whether there were breaks. After this, the investigator marks you with a summons, where he indicates from what time, in what criminal case (case number) or on the charge of whom you were interrogated and in what capacity - a witness or a suspect; puts his signature, and in the office you put a stamp. The time you spent with the investigator is subject to payment as a state duty.

What “tricks” does the investigator use:

1. Having put you at ease, he writes down your testimony and at the end, as if by the way, lets you sign a protocol that you have not read.
2. Having recorded your testimony on a tape recorder, they may give you to sign a blank interrogation protocol form, promising that they will transcribe your testimony from the tape recording.
3. During the interrogation, the following phrases are written down: “it seems to me”, “it could have been like this”, “he looked like him”, “it could have been him” - they convince you that the picture of the crime is clear; they record the testimony of others who supposedly saw everything, and you just need to confirm this, and then your report will be shown to someone else who, like you, doesn’t really know anything and hasn’t seen anything.
4. Leave space in the protocol between sentences and lines so that phrases can be inserted. Therefore, if the investigator wrote the protocol, checking the text, use dashes instead of empty lines.
5. The date and time of the interrogation are not indicated in the protocol. Check that everything is filled out, this can be very important in some cases.

Remember that the witness is a very important figure in the interrogation system.

Article 292 of the Criminal Code of the Russian Federation. Official forgery.

“Official forgery, that is, the introduction by an official, as well as a civil servant or employee of an authority local government, who is not an official, in official documents containing knowingly false information, as well as introducing corrections into said documents that distort their actual content, if these acts were committed out of mercenary or other personal interest, are punishable by a fine in the amount of up to eighty thousand rubles or in the amount of wages wages or other income of the convicted person for a period of up to six months, or compulsory work for a period of one hundred eighty to two hundred and forty hours, or correctional labor for a period of one to two years, or arrest for a term of three to six months, or imprisonment for a period of up to two years."

Testimony given in good faith and correctly recorded helps establish the truth, expose the criminal and avoid bringing an innocent person to criminal liability. And most importantly, do not yourself become a participant and accomplice of lawlessness. If you have been invited to join law enforcement agencies and begin
to be interrogated as a suspect, then after filling out the personal data you are required to declare what you are suspected of and indicate this in the protocol. If this is not done, you are obliged to demand from the investigator that they explain to you what exactly they suspect you of. You also have the right to call a lawyer or refuse to testify, citing objective reasons. You don’t have to explain anything, just indicate in the protocol that you will not testify without a lawyer whom you personally trust. You can also give evidence as a suspect in your own hand, or request a sound recording or video recording of the interrogation. During the interrogation, you may only be asked questions about the charges against you. After interrogation as a suspect, the investigator may choose a preventive measure against you: detention, recognizance not to leave your place of residence, personal guarantee, loan of a sum of money deposited by the investigative authorities. The investigator has the right to detain you for 3 days, but is obliged to indicate in the protocol the reasons for the detention; and they are like this: you were detained at the scene of a crime; traces of a crime or material evidence were found on your clothes or home; there is objective evidence that you may escape or destroy evidence; eyewitnesses pointed to you as the person who committed the crime, or you may interfere with the investigation in establishing the truth. If these circumstances do not exist, then you cannot be detained for other reasons. Your relatives and the prosecutor must be notified in writing within 24 hours of your detention and indicate where you will be kept. You are required to familiarize yourself with the decision on your detention, the reasons for your detention, and draw up a protocol. You have the right to write in the decision and in the protocol your attitude towards the detention. One of the options for a statement, if you believe that arbitrariness is being committed against you: “I consider myself not guilty and not involved in the suspicions that have been brought against me, I require a lawyer and a prosecutor to file an official complaint against the actions of the investigator or interrogator. I demand that the investigator or interrogator be held criminally liable under Art. 301 of the Criminal Code of the Russian Federation for knowingly illegal detention. I am enclosing a complaint to the prosecutor, going on a hunger strike, demanding that the investigator be replaced.”
Demand that the investigator's supervisor receive the complaint. Indicate the transfer of the document in the interrogation protocol and in the protocol and resolution of your arrest. A complaint against an investigator must be considered within 3 days, and you must be given an answer: refusal of the complaint, initiation of a criminal case, conduct additional check. The answer must be written, on the letterhead of the prosecutor's office, and after reading it, you must sign it, recording your agreement or disagreement. After you have been placed in a temporary detention center for 3 days, you must be presented with a decision to extend the period of detention, authorized by the prosecutor, stamped and signed. You can be held as a suspect for up to 10 days. Then you need to bring charges and choose the final preventive measure (say, detention), announcing an arrest order against receipt (indicating what you are accused of and on what grounds the preventive measure is chosen for you). Motives for which detention is chosen as a preventive measure: the commission of a serious crime, for example, murder, rape, robbery, bribery, or the fact that you can
prevent the establishment of the truth in an important matter, but it must be deciphered.
General provision: 10 days from the moment you were interrogated, you must be charged; if charges are not brought, the preventive measure taken against you is automatically canceled.
You may be invited for questioning and charged, i.e. familiarize you with the decision to charge you as an accused. This resolution must contain a number, the position of the person who brought the charge against you, and describe in detail what you are accused of. The resolution must indicate the time, place, motives of the crime and its legal qualification. Before this, you must be explained the rights of the accused, which are usually printed on the form of the decision to be charged as an accused. You have the right to know what you are accused of, to give or refuse to give evidence, you have the right to file petitions and complaints against the actions of the investigator and prosecutor, to demand the presence of a lawyer during interrogation, according to
At the end of the investigation, familiarize yourself with the case materials. In the resolution you write that you are familiar with the charges brought against you. If you plead guilty, you must write: fully or partially.
You can fill out the protocol yourself or in the presence and assistance of a lawyer. You do not have to testify: this is the right of the accused. You cannot be prosecuted as a witness for this. If you have been unlawfully charged, then you can write in the interrogation report as an accused (one of the options): “I do not plead guilty. I demand that I interrogate people who can confirm my alibi and attach documents
(which ones, please indicate), I demand a replacement of the investigator or an objective investigation, I am attaching a complaint addressed to the prosecutor of the higher prosecutor's office on 2 sheets (with the specifically indicated surname). I refuse to give evidence, not believing in the objectivity of the investigation.”
You can write in more detail, breaking down the charges. Please note that often unscrupulous investigators use double forms of the decision to charge as an accused in order to file one charge, replace the first sheet with another with a change in the charge. So, after reading the accusation, make a dash to the end of the sheet so that nothing can be added below. Place your signature at the bottom of each sheet and indicate that the resolution was signed by you on the first sheet, recording this in the protocol of interrogation of the accused. If you believe that you are accused of something that you did not commit, you have the right to write a complaint against the actions of the investigator or prosecutor, demand his recusal, citing objective facts (for example, the investigator intimidated you, the investigator did not satisfy legal requests to question witnesses, attaching documents, presenting confrontations, identifications, ordering an examination). Responses to the stated complaints must be given in writing and signed not by the investigator against whom you are complaining, but by the prosecutor.
The refusal to satisfy your application must be motivated; it cannot be a simple unsubscribe. The complaint must be reviewed within 3 days. This is how it differs from an application, which can take up to a month to be considered. And so, complaints must be filed against the illegal actions of investigators. The investigator, having received a complaint or challenge, is obliged to transfer it to the prosecutor within 24 hours, and he must make a decision and give you an answer within 3 days.
If you have clearly been illegally prosecuted or illegally arrested, write a complaint to a higher prosecutor’s office or to the court to consider the legality of the charges brought and the legality of your arrest; demand that the investigator and prosecutor who committed lawlessness against you be held criminally liable.

According to Article 299 of the Criminal Code of the Russian Federation. Bringing a knowingly innocent person to criminal liability

"1. Bringing a knowingly innocent person to criminal liability is punishable by imprisonment for up to five years.
2. The same act, combined with a person being accused of committing a grave or especially grave crime, is punishable by imprisonment for a term of three to ten years.”

Under Article 301 of the Criminal Code of the Russian Federation “Knowingly illegal arrest or detention”, as well as under Article 302 of the Criminal Code of the Russian Federation “Forcing to give false testimony through the use of threats or other illegal actions on the part of the person conducting the inquiry or preliminary investigation”

Punishment period is up to 3 years of imprisonment. The same actions, combined with the use of violence or mockery of the person being interrogated - from 3 to 10 years in prison.”

Based on your complaints, you are required by law to conduct an investigation and make the following decision: reasoned refusal to satisfy your complaint; initiate a criminal case against the investigator or prosecutor, removing them from the investigation; forward the complaint for consideration to another body for objective verification. The review period is 3 days; in extreme cases, due to the large volume, it is 30 days.
Unfortunately, these deadlines are practically never observed. Remember, if you feel that clouds are gathering over you and they are starting to collect materials against you, then go to a lawyer in advance, develop a defense system, prepare statements and complaints, because... Today it is difficult to hope for objectivity and that in the event of an arrest, your complaints will reach the addressees. If you were arrested, then your relatives and lawyer should write complaints together with you, go to appointments and transmit complaints, because... It's easier for them to do this. And most importantly, they must believe in you, in your innocence, and this will give you strength.

None of us are immune from such an accident as getting interrogated by an investigator. Yes, this is precisely an accident, since it is not such a pleasant procedure to be in the shoes of a suspect, victim or witness. The best thing, of course, is when they are called as a witness, in this case they give testimony under the protocol and sign a non-disclosure agreement and release the witness, perhaps they will not call him again. This is the best option. But if, God forbid, you are suspected of something, then interrogation will not be enough in one go, and in this case you simply need to know enough about your rights and how to behave during interrogation.

There is a misconception that the investigator must send a subpoena for interrogation, and if he does not do this, then there is no need to go to the interrogation. But according to the law, the investigator has the right to call for questioning using a subpoena or call. Since the summons is sent by mail, and letters often take a long time to travel around the city, it is more convenient and faster to invite you for questioning by telephone and you do not have the right not to come to the investigator. You can arrange a convenient time by phone. If you refuse to come for questioning several times after a phone call, then a police officer may come to your work or home with a summons, and in this case you will have to obey him.

Never testify against yourself

The investigator during interrogation is not a friend, but an enemy. You can’t trust him and all his persuasion. They are good at psychological manipulation, and you can trust him. When inviting you to interrogation in a subpoena or by telephone, it is announced that your lawyer may be present at the interrogation. Therefore, you should take care in advance and hire a good lawyer, without whom you have every right not to say anything during interrogation. According to the law of the Constitution of the Russian Federation, Article 51, a witness may not testify against himself, his relatives and his spouse.

Of course, investigators are good psychologists and lawyers, and he can mislead and confuse, threatening to give false testimony or other threats, so you need to be mentally prepared for this.

Under no circumstances give evidence without a lawyer, as it is not easy to deal with an investigator alone and without knowledge of the law. He can easily set traps for you. It happens quite often that witnesses go for interrogation several times for six months or longer, and then in a minute they turn from a witness into an accused. And that’s all, because somewhere in words the investigator was able to catch the witness. If the witness does not know the laws, then it is better to entrust his fate to professionals.

It is better to audio or video record the interrogation

Lawyers recommend using audio or video recordings during interrogation. This is not prohibited by law, but it will help for safety. Since the investigator can threaten, demand a bribe or recruit. With this data, you can go to court with a complaint about illegal methods and pressure on you.

During the interrogation, the investigator will ask you to sign a non-disclosure agreement; if you refuse, he can call two witnesses and, in front of them, tell you that you have violated the law and that he can bring you to criminal liability under the article. If you see that the investigator is seriously interested in your person, then you should go to a notary and draw up a power of attorney for your entire fortune, since if they imprison you, your relatives will not be able to take this power of attorney from you.

Mandatory presence of a defender

Even if a search was carried out at your work or home and as a result you were immediately taken to the investigator, when you arrive for questioning, you have the right to refuse to testify. Say that you will not answer questions without a lawyer. Under any persuasion from the investigator, do not agree to give testimony without protection, no matter how much it is necessary. You might think that after explaining everything to the investigator, he will let you go, but this is just a misconception. If the investigator starts working and putting pressure on you, then most likely he has no plans to let you go home. He has his own task to extract information and develop the case.

Most government lawyers are not so fair and sometimes collude with the investigator. Therefore, it is better to invite your lawyer, an independent person, to the interrogation. An independent lawyer works for you and it is in his interests to acquit you and make sure that the investigator does not transfer you from the category of a witness to a suspect.

If you are still not given the opportunity to testify in front of your lawyer, then simply refuse to provide any information and do not answer the investigator’s questions, do not respond to his tricks.

Tricks on the part of the investigator

Having gained your trust, the investigator writes everything down in the protocol and at the end lets you sign; there is no time to read out in detail everything that is written there. You sign the protocol without looking, without understanding what is recorded there.
The interrogation is audio-recorded, and you are given the opportunity to sign a blank protocol form, supposedly on the assumption that then everything with audio will be recorded on a piece of paper. But other information may already be recorded in the protocol, which could be used against you. And the same protocol with false data can be shown to other witnesses, saying that you allegedly gave a sincere confession or this testimony, and then other witnesses can also sign the protocols and be deceived.
He may leave empty lines in the protocols, to be filled in later with the necessary phrases. Therefore, when you sign the protocol, look carefully and put dashes in the empty lines, only then sign the protocol.
Does not indicate the time and date of the interrogation. When checking the protocol, be sure to pay attention to this data.

Very important points

When you receive a summons, check the correctness of your information, the following information should be indicated: the address of the site where you are being summoned, the name of the investigator and his signature, the time at which you must appear for questioning, in what capacity you are summoned - a witness, a victim, a suspect, an accused.
The summons is handed strictly into the hands of you personally or relatives. You must sign for the summons.
You can fill out the protocol yourself or the investigator. It’s safer to do it yourself.
Questions during interrogation are asked only in a polite manner. They must correspond only to the topic of the interrogation, no side questions.
The interrogation may take place in writing. A list of questions is provided and you record the answers.
If during the interrogation there are other persons present in the office, then you have the right to demand their documents, and the investigator must enter their data into the protocol.
If you receive threats, beatings, or persuasion for a bribe, then you have the right to refuse to testify.

If during the interrogation you did not like the behavior of the investigator, if the law was exceeded, then you have the right to file a complaint and statement with the prosecutor.

Be attentive and vigilant from the very beginning of receiving a subpoena until the very end of the interrogation to avoid a situation where you can become an accused or suspect from a witness.

If you needed to spend time on interrogation working hours and quit work for a while, the investigator is obliged to provide you with a protocol indicating that you were under interrogation and the time it was conducted.

So, to summarize, remember to attend an interrogation with an investigator you will need:

knowledge of your rights.
the presence of a lawyer during each interrogation.
at the end, carefully read the protocol without rushing and only then sign it.
Don't fall for the investigator's tricks.

Take the time and money to invest in a professional lawyer who can provide you with specialized assistance on the law and protecting your rights. Your fate depends on how highly qualified your lawyer is.

No business is immune from criminal prosecution. And not a single criminal case is complete without interrogations. Anyone can appear before the investigator - as a victim, witness or accused. In this actualization of stress, irrational defense mechanisms are actualized, and even an experienced leader can do stupid things: say unnecessary things and sign a document without looking.

We will tell you seven rules on how to behave correctly in this extreme situation. The outcome of the case will largely depend on this.

Figure out who plays what role and “where the wind blows”. It is necessary to realize that the investigator’s task is to obtain maximum information. For this reason, he resorts to professional techniques. The task of the interrogated person is not to give information that will work against him and his colleagues.
It is important to try to understand “where the wind is blowing.” What is this and where did it “come from”? Accident? Someone's complaint? Excessive initiative of law enforcement officers? Someone's order? And what is the role of the investigator? Does he do his job formally or is he motivated? He is competent in economic relations, he is in the subject or his knowledge is superficial.
Control your emotions. We must constantly analyze the course of the conversation and carefully monitor the words spoken. If the person being questioned understands that he was mistaken, he can return to the question, telling the investigator that he misunderstood him. You should NOT take extreme positions - agree with everything or dispute everything.
Remember, the more unbalanced you behave during interrogation, the more you provoke the investigator into all sorts of professional “tricks.” Therefore, calm and calm again, because you did not do anything illegal.It is also important to maintain a respectful attitude towards the investigator, understanding that he is performing official duties. Then he will not perceive the words “I don’t remember”, “I don’t know” as mockery.
Speak little and only the truth. The rule to follow is: the less, the better. Closed questions should be answered in monosyllables, without background or commentary. It is better to omit information that can compromise employees and company management. Before saying anything, the person being interrogated should think about whether he is then ready to sign the words and repeat them. There is also no need to interpret other people's words and actions. If the investigator insists, it is better to say: “I don’t know” or remain silent. For this reason, you can become a “loser” who knows nothing or has forgotten something (“after all, so much time has already passed”). Don't be afraid to look funny.
Be prepared for provocations. The investigator can resort to all kinds of “professional techniques” (see rule one). Moreover, these techniques may go beyond your moral ideas; they may explain to you that your colleague has already told everything about you, that you are the “main villain” in this whole story, and they may “advise” you to talk about him or about “how it all happened, because It’s not your fault.” They may frighten you, “play” on your “pain points” (children, illness, family). There are many things that can happen... It is important to be prepared for this and remain calm.
Keep it simple. As a rule, it is better not to utter complex, confusing phrases and general expressions such as “balanced scorecard”, “information flows”, “relations with counterparties”. Having heard such answers, the investigator will ask clarifying questions. You need to answer formally, but specifically: “How were these contracts drawn up?” - “Standard.” And some words that may have an ambiguous meaning, or even an irritating signal for the investigator, are better not to be uttered at all, such as “financial scheme”, “optimization”, etc.
Take your time. It seems that the faster you answer the investigator’s questions, the sooner they will end. Alas, during interrogation the opposite pattern applies: the more emotionally and hastily a person answers, the longer the conversation will last. After listening to the question, you should take a break and think about the answer. And having uttered the answer, you can correct it a little more by repeating it again when the investigator begins to enter it into the protocol by typing on the keyboard.
Bring things to completion. Even if the investigator runs out of questions, you shouldn’t breathe a sigh of relief. You must read the protocol carefully. If corrections need to be made, you can say: “When you asked a question, I apparently misunderstood it.” Only after clarifications have been made should the protocol be signed.