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

Oppositionist Ilya Yashin is a "regular" of the Investigative Committee of the Russian Federation

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

Most the best option, if you are called as a witness, they will take a subscription from you not to disclose the secrets of the preliminary investigation and after several hours of conversation they will let you go home. And they won't call again. But if your name, God forbid, is on the list of defendants in Bolotny or some other politically motivated case, then after interrogation as a witness, you can be interrogated as a suspect, and then, after the charge is brought, as an accused. Your conduct during these interrogations may determine your later life for many years to come. That is why it is so important to know how to behave properly.

Do not run from the investigator

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

“If the investigator is a normal person,” says Marina Andreeva, a former investigator and now a lawyer, “you can agree with him at a time convenient for you. If you don’t show up for interrogation after several phone calls, then a policeman will come to your work or home with a summons and you will have to obey.”

Lawyer Vadim Prokhorov advises "not to bargain" and to come for interrogation even after a phone call. “The main thing is to make sure that this is not a hoax, call the phone number indicated by the investigator. It is better not to evade the turnout.”

Don't Testify Against Yourself

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

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

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

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

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

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

Lawyer Prokhorov warns: “It happens that you refuse to testify, referring to the 51st article of the Constitution, and the investigator tells you: “Why don’t you testify, because I’m asking a question that has nothing to do with you or your relatives, you are obliged to answer it. Here the investigator is cunning: you cannot mechanically assume that a question, for example, about Uncle Vanya will not lead to you. There are no universal recipes, but not everyone knows how to answer questions correctly and at the same time give a minimum of information. Only a lawyer in each particular case can determine which position is better to take.

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

Keep an audio recording of the interrogation

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

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

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

Don't testify without your lawyer

Most searches end with the person being searched being taken away for questioning by an investigator. Imagine: several hours of search, your apartment is turned upside down, all computers, flash drives, mobile phone, you think hard about what is in your computer or in your notebooks they can find you, they bring you to the Investigative Committee and start talking to you. “First of all, you should say that you won’t talk without a lawyer,” advises Anna Stavitskaya. - The investigator will start to tell you: “Why do you need a lawyer? It is not known when he will arrive, testify and go home!” Don't give in to persuasion. Without a lawyer, one cannot give any evidence at all: an ordinary person does not understand at all that any word of his can turn against him. I really want to explain to the investigator that there was a mistake, they say, it’s not my fault, but the investigator will understand and let him go. This is not at all the case: if the investigator has started working, it means that no one will let anyone go. From the moment of interrogation, the real struggle begins. You need to keep quiet and demand that you be allowed to call relatives or friends who will find a lawyer for you. The investigator has his own task: to extract some evidence from you in order to “expand” the case from your words. A classic example is the case of the scientist Igor Sutyagin. If he had not started to testify without a lawyer, there would have been no case against him. Subsequently, the entire accusation was built on his testimony.

Don't Trust the Government Lawyer

Igor Gushchin, the twentieth person involved in the Bolotnaya case, was charged with the UK, where he was brought after the search. The search began at six in the morning, lasted several hours, and the investigators, taking Gushchin to Technical Lane, did not tell his relatives that he would not return home.

The phone was taken away from him and they began to interrogate him as a witness. When he hinted that he needed a lawyer, the investigator reassured him that until your lawyer arrives, it will take about an hour, and we will decide everything in 20-30 minutes - and you will go home. “The investigator misled him,” says lawyer Maxim Rachkovsky. - He showed him photographs, which show that Gushchin was on Bolotnaya Square on May 6th. He didn't deny it. Then the investigator showed him another photo, which shows how some guy grabs a policeman by the uniform. Ilya said that it was not him. But the investigator repeated his question several times, and the exhausted Gushchin, who most of all wanted the interrogation to end as soon as possible, confirmed that it was he. And then the satisfied investigator invited the injured police officers and they identified Gushchin.

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

“State-appointed lawyers, as a rule, are in collusion with the investigation,” says Anna Stavitskaya. - So you can not agree to them. They will not help you, but, on the contrary, will give such advice that is beneficial to the investigation.

Beware the Investigator

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

“Margolin told the investigator that he had been to Bolotnaya and told how he was dressed,” says lawyer Anna Polozova. - At the identification next to Margolin, they put two people, both ten years younger than him. And of course, the policeman recognized him. I would never let that happen. This whole operation was thought out in advance: as soon as the identification was over, the state lawyer gave Margolin his mobile phone so that he would call his wife. My wife gave him my phone number. He called me". Polozova persuaded Margolin to retract his initial testimony. Now she is appealing the actions of the investigator. And operatives go to Margolin in the temporary detention facility. They invite him to plead guilty, reminding him that he has two small children.

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

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

photo: Alexander Weinstein/Kommersant, ITAR-TASS

The first night in the pre-trial detention center was spent by football players Pavel Mamaev and Alexander Kokorin, and they were taken to different cells. The theme of lawlessness arranged by them in Moscow is still in the spotlight. Late in the evening they were interrogated by investigators and detained for 48 hours. Already today, the court can choose a measure of restraint for them. This can be, for example, arrest (that is, they will remain in a pre-trial detention center), or house arrest.

In the video, Pavel Mamaev is waiting or after interrogation. Whether he admits guilt, whether he repents, it is not clear, from a relaxed posture you cannot say that he is fully aware of what is happening. So far, only one thing is clear: both friends are detained for 48 hours.

“We have both Mamaev and Kokorin detained in accordance with Article 91 of the Code of Criminal Procedure of the Russian Federation and both are suspects in a criminal case being investigated by the Main Investigation Department of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow,” said the head of the press service of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow Yuri Titov.

It is unlikely that the players expected that an early breakfast could result in imprisonment for up to seven years. First, there was a fight at the Peking Hotel with the driver of our colleague Olga Ushakova, who at that time was broadcasting the morning broadcast from Triumfalnaya Square. And then there was the beating of Denis Pak, the director of one of the departments of the Ministry of Industry and Trade. And not even a lawyer understands why the article “Beatings” became “Hooliganism”. The chair is regarded as a weapon. An insult is a violation of public order.

Mamaev and Kokorin become such "stars", as you know, not for the first time. True, this enviable fame is not very much when the whole country is discussing the completely unsportsmanlike behavior of football players.

“Yes, I agree they did it wrong, that all this came out like that. And how they rest there is their own business, ”said Pavel Mamaev’s wife Alana Mamaeva.

But if the holiday on the occasion of the departure of the Russian team from the European Championship in 2016 could still be called a personal matter, then a chair on the head is no longer quite. Although, apparently, the players did not fully realize this, if they appeared at the investigative department only after they were promised to be put on the federal wanted list.

“The wheat from the chaff must be separated immediately. It doesn't mean that everyone is like that. This absolutely does not mean that athletes should be perceived precisely from a negative point of view, black sheep exists in every herd. Let's talk calmly, if someone commits an offense, he is responsible for it, what responsibility - time will tell, ”said the boxer, State Duma deputy Nikolai Valuev.

The second part of the 213th article is "Hooliganism committed by a group of persons by prior agreement." It is a group of people that is clearly visible in the video with street beatings, and if you look closely, it’s hard not to notice: it’s not Mamaev or Kokorin who is waving at first. And even though it doesn’t matter who hit first, another question arises: where are the rest of the participants in the “morning adventures”.

Eyewitnesses say that the younger brother of the forward "Zenith" Kirill Kokorin could participate in the fight. A young man on footage from surveillance cameras. Here he is in a cafe - tall, thin in a dark blue T-shirt, on the street - in a white sweater with a hood and a bag over his shoulder.

Now Kokorin and Mamaev are in a temporary detention center. They are in different cells. According to news agencies, the court can choose a measure of restraint already today. And threatens arrest up to seven years and a fine of up to a million rubles.

Interrogation is an investigative action, which consists in obtaining and fixing by an authorized person in the established Code of Criminal Procedure Russian Federation(hereinafter referred to as the Code of Criminal Procedure of the Russian Federation) the procedure for the testimony of participants in criminal proceedings about the facts known to them that are relevant to the criminal case.

An interrogation may be carried out only within the framework of the official conducting his investigation, or on his behalf by the body of inquiry, as well as by the court.

In the event of the appearance of a participant in criminal proceedings, the investigator (inquirer) is obliged to ascertain his identity and proceed to the preparation of the protocol.

The interrogation process consists of the following parts:

• clarification of the necessary data on the identity of the interrogated (filling out the questionnaire part of the protocol);
• clarification of rights (the interrogation form provides for an explanation of not all of the above rights to the interrogated person), warning the witness and the victim about criminal liability under Art. 307, 308 of the Criminal Code of the Russian Federation (refusal to testify and giving knowingly false testimony);
• obtaining evidence in the form of a free story on known circumstances or in the form of questions and answers or in a mixed version, with their subsequent fixation in the protocol;
• at the end of the interrogation, the protocol is presented to the interrogated person for reading or, at his request, is read out by the investigator, about which an appropriate entry is made in the protocol. The interrogated person's request for an addition and clarification of the protocol is subject to obligatory satisfaction;
• the protocol is signed by the participating persons (in case of refusal to sign the protocol, a record of this is made by the investigator and certified by his signature or, if necessary, by the signature of other persons, for example, a defense lawyer).

If the record of the interrogation was drawn up by an unauthorized official, then such evidence may be declared inadmissible.

Interrogation is not only an important legal moment, but also a psychological one. You should behave calmly, non-irritably, respectfully to the official.

If the question is not clear, it is better to ask again or ask the investigator (interrogating officer) to reformulate it.

It is not necessary to testify about those circumstances that are beyond the scope of the investigator's question, as well as about what the interrogated person knows from the words of others and pass off these testimonies as his own.

If a person understands that he does not want to answer some questions and such answers may negatively affect the interrogated person himself, it is necessary to refuse to testify within the legal framework (refer to Article 51 of the Constitution of the Russian Federation).

It is better to prepare for the interrogation in advance, tune in psychologically and think over the answers to possible expected questions.

Follow-up after interrogation

On the part of the interrogated person: if the rights are violated, for example, the rights are not clarified, the entry of comments or oral petition into the protocol is refused, the interrogation was conducted by an unauthorized person (these violations are possible due to the absence of a lawyer), you must contact or file a complaint yourself.

On the part of the investigator: if the investigator (inquirer) has new questions after the first interrogation, he has the right to conduct an additional interrogation and call the previously interrogated person again. The number of such repeated interrogations is not limited by the legislator. As practice shows, in this case the tactic of questions and answers is used.

If there are significant contradictions in the testimony of previously interrogated persons, the investigator has the right to conduct a confrontation.

Depending on these testimonies, the investigator may, with the participation of the interrogated person, carry out other investigative actions and measures. For example, to seize documents and objects, obtain samples for a comparative study (fingerprints, handwriting and signatures, etc.), ask to appear for a polygraph or draw up a photo-composite portrait.

Further actions depend on the results of the investigation of the criminal case. In the event of its suspension or termination, the person who testified may no longer be summoned (the preliminary investigation may be resumed), and if the criminal case is sent to court, then one should wait for a summons to be summoned for interrogation.

Interrogation in court

As a rule, participants in criminal proceedings who have already been interrogated during the investigation are summoned by the court, but there are exceptions. For example, interrogation in court as a witness of the investigator (inquirer) who conducted the investigation of a criminal case.

Interrogation in court has its distinctive features, this is due to the principles of the work of the court, in particular the principles of publicity, immediacy and orality.

Before the beginning of the interrogation, the presiding judge (judge) will verify the identity of the interrogated person, explain the rights, warn about criminal liability for refusing to testify and for giving knowingly false testimony.

Unlike the preliminary investigation of a criminal case, the interrogation of a person is carried out by the judge and the parties to the criminal proceedings.

This is an important psychological moment for the interrogated person, since the interrogation is carried out in the presence of other persons (more than 5) and, unlike the preliminary investigation stage, instead of one official, the interrogation is carried out by three (judge and parties to criminal proceedings).

The first to ask questions to the witness is the party at whose request he is summoned to the court session. The judge asks questions to the witness after he has been questioned by the parties.

The court considering the criminal case, if necessary, may decide to interrogate the witness through the use of videoconferencing systems.

However, this rule is not practiced, because if the witness and the victim did not appear in court for a good reason, with the consent of the parties, their testimony given during the preliminary investigation of the criminal case is read out by the judge.

The minutes of the court session (interrogation) must be prepared and signed by the presiding judge and the secretary of the court session within 3 days from the end of the court session.

A copy of the protocol is made at the written request of the participant in the trial and at his expense.

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