Try to behave in the interrogation calmly and confidently. The investigator must first conduct a formal procedure to establish your identity. Provide information about yourself and ask in what capacity you are called in for questioning. In that case, if you declare a suspect, you have the right to request the presence of his attorney and to see what you are accused of. The investigator should present you with specific articles of the Criminal code and statutes, the violation of which you are accused.
Do not give in to pressure and do not go on the transaction with the investigator. He does his job – he needs to solve the crime. Reject the proposal that you give a confession, and you will reduce the term or go home. If you're really to blame, it must still prove. Do not take on the work of the investigator and not admit anything – you, in accordance with article 51 of the Constitution, no obligation to confess against themselves or their relatives.
Every question to think about before you answer it. Do not give detailed answers. Answer on the merits and try to limit the words "Yes" or "No". Any additions, explanations and descriptions of events do not let. If in doubt about the answer, just tell me what difficult to answer.
Keep calm, especially if the investigator starts to behave nervously and yelling at you, most likely, any evidence against you had not. Once raised voice, ask him not to shout and don't resume testimony until the request is heard. Do not worry that your behavior upsets him, and don't be afraid of the investigator, your fate does not depend on good or bad he treats you.
Carefully proofread the Protocol. All blank areas, select the dashes. His signature put directly over the written text. Do not sign a blank Protocol sheet that you can give under the pretext that they will be printed after decoding the tape recording of the interrogation.
Advice 2 : How to behave the investigator
Practice shows that no one is safe from the claims of law enforcement. Even law-abiding citizens can call in for questioning with the purpose of obtaining explanations on the case as a witness or a suspect. Therefore, it is desirable to know the General outline of their rights and rules of conduct of the inquirer.
You will need
- - the agenda;
- - lawyer;
Speak calmly, without raising his voice. Then request that you be allowed to call relatives or friends. Inform them about their detention.
Don't testify without a lawyer ( article 48 part 1 of the Constitution). It may recommend to the investigator (Prosecutor, investigator), don't settle for that. He can act in the interests of investigating authorities. Ask relatives, friends to call independent counsel.
Don't testify against close relatives, yourself, a spouse. It gives you the right article 51 of the Constitution of the Russian Federation.
Do not give false testimony, do not fantasize. The invention is easily refuted. As the investigative tactics encompasses a range of methods and techniques to obtain truthful testimony.
A critical attitude to the claims investigator. His main interest is solving the crime. The suspect's identity it is first of all a criminal during interrogation. You can mislead saying that in the next room is a witness. That as a result of his testimony you can become the Prime suspect, and in your best interest to speak first. Thus, they push you to admit something you did not commit, facilitating a job.
Read the transcript of the interrogation, and only then sign it. Any missed detail could subsequently turn against you. Refer to my carelessness should not - it will not help you.
If you have any comments to the Protocol, specify them in a box. If you refuse to sign, then be prepared to write a reason for your actions.
Between the last line and your signature in the Protocol should be the place to stay. To further there entered what you said.
Come to the survey only after you have been served a summons. A phone call is not the reason for your coming to the investigating authorities.
Advice 3 : How to behave during interrogation
Interrogation is an investigative action, during which the suspects, accused, witnesses, victims, experts testify in a criminal case at the preliminary and court investigation. Participants in the process have different procedural rights, therefore, the tactics of their behavior during the interrogation is different.
You will need
- - The Constitution of the Russian Federation;
- - The code of criminal procedure of the Russian Federation;
Witnesses, victims, experts, specialists, interpreters involved in the case are required to testify on the merits of the case. For refusing criminal liability, she is threatened for false information. So, coming to the interrogation in any capacity, except the suspect, accused and defendant, tell the truth and only what they had seen and heard, not making conclusions and not stating their own assumptions.
Provide answers to these questions, without going into detail, the extra information may render you bad service: in some cases witnesses during questioning of changing their status on suspects.
Regardless of your role in article 51 of the Constitution of the Russian Federation guarantees the right not to testify against themselves and their loved ones: spouse, parents, children, brothers and sisters, grandparents, grandchildren. Disclaimer information in this case does not involve criminal prosecution.
Accordingly, the suspect, accused person or defendant are not obliged to give evidence at the inquest and in court, so if you are attracted in this capacity, do not rush to confession. Perhaps the investigator has no other evidence, and your testimony will form the basis of the charges.
Appearing for questioning as a suspect, ask for clarification of your procedural rights: to know what you suspect, give explanations and testimony in the case or refuse from giving explanations and testimony; to submit evidence; to submit petitions and challenges; to get acquainted with protocols of investigative actions and to submit comments on them, etc.
The questioning has a lawyer present: it will help to Orient in the environment, track compliance with your rights, except in his presence, you're protected from the pressure of the investigator. You can invite your lawyer, or you'll enjoy it.
If you have decided to give explanations on the case, try to answer the questions in monosyllables: "Yes", "No", "don't know", "uncertain". The extra detail useless, because they can cause harm. Don't answer leading questions: the investigator has no right to ask them.
Use some psychological tricks to not get lost and to feel confident: - don't look the investigator in the eye: my trained eye, which is difficult to withstand, it can confuse you;- twirl in the hands of a small object: a pen, a button, a coin – it will help you to take yourself in hand and will distract the investigator;- upon entering the office, start the conversation first, and in the course of interrogation, observe a pause before answering the question.
Carefully read the Protocol of the interrogation, if necessary, require to make changes and your comments. In addition, reflect the facts that speak about provided to you pressure, extortion of testimony about threats made by the investigator, if any.
Keep in mind when considering the case in court, you may refuse the testimony given during the preliminary investigation, and if other evidence of your guilt, no, the chances of acquittal are high.