Interrogation is an investigative action, during which suspects, accused, witnesses, victims, experts testify in a criminal case both at the preliminary and at the trial. Participants in the process have different procedural rights, so the tactics of their behavior during interrogation are different.
Necessary
- - The Constitution of the Russian Federation;
- - The Criminal Procedure Code of the Russian Federation;
- - advocate.
Instructions
Step 1
Witnesses, victims, experts, specialists, translators involved in the case are obliged to testify on the merits of the case. For refusal, criminal liability is provided, it also threatens for false information. Therefore, when coming for interrogation in any capacity, except for the suspect, the accused and the defendant, speak the truth and only about what you yourself have seen and heard, without drawing conclusions or expressing your own assumptions.
Step 2
Answer strictly to the questions posed, without going into details, unnecessary information can do you a disservice: in some cases, during interrogation, witnesses change their status to suspects.
Step 3
Regardless of your role in the case, Article 51 of the Constitution of the Russian Federation guarantees the right not to testify against yourself and your loved ones: your spouse, parents, children, siblings, grandparents, grandchildren. Refusal to provide information in this case does not entail criminal prosecution.
Step 4
Accordingly, the suspect, the accused and the defendant are not required to testify at the investigation and in court, so if you are involved in this capacity, do not rush to confess. Perhaps the investigator has no other evidence, and your testimony will form the basis of the accusation.
Step 5
Appearing for interrogation as a suspect, demand clarification of your procedural rights: to know what you are suspected of, to give explanations and testimonies in the case, or to refuse to give explanations and testimonies; present evidence; submit motions and challenges; get acquainted with the protocols of investigative actions and submit comments on them, etc.
Step 6
A lawyer must be present during the interrogation: he will help you navigate the situation, monitor the observance of your rights, in addition, in his presence you will be protected from the pressure of the investigator. You can invite your own lawyer, or you will be provided with one by appointment.
Step 7
If you have made a decision to give explanations on the case, try to answer the questions in monosyllables: “Yes”, “No”, “I don’t know”, “Difficult to answer”. Superfluous details are useless, as they can be harmful. Do not answer leading questions: the investigator has no right to ask them.
Step 8
Use some psychological techniques in order not to get confused and feel confident: - do not look the investigator in the eyes: your trained gaze, which is difficult to endure, it can confuse you; - turn a small object in your hands: a pen, a button, a coin - this will help you will pull yourself together and will distract the investigator; - after entering the office, do not start the conversation first, and during the interrogation, pause before answering the question.
Step 9
Carefully read the interrogation protocol, if necessary, ask for changes and your comments. In addition, reflect in it the facts that speak about pressure put on you, about extortion of testimony, about threats from the investigator, if any.
Step 10
Keep in mind: when considering a case in court, you can withdraw the testimony given during the preliminary investigation, and if there is no other evidence of your guilt, the chances of an acquittal are high.
