Before you start questioning, it is important to ask the investigator of the identity document, record information about it. The investigator should, when you fill in all the boxes of the Protocol, which specify who carries out the questioning. It is also necessary that the Protocol was recorded by all present, as in some cases, the questioning takes place in places where a lot of innocent people. Sometimes this is done intentionally so as to exert pressure on the interviewee. You have the right not to answer questions of persons not entered into the record.
Each question and answer should be recorded in the minutes. Ensure that the investigator wrote down everything exactly as you said. Any misspelled word may subsequently be used against you. You can also personally write down everything that was said.
With the active assistance of operative employees immediately after the criminal case the investigator may use to your advantage the suddenness, the speculation with the information available in the case. Posing leading questions shall be prohibited. If you notice that the investigator is trying to lead to the right answer, the answer very carefully. You can add to the answer the phrase "I'm not sure".
After the interrogation, you should carefully read the Protocol. If inaccuracies are detected, immediately require modification. In this situation, each word plays a huge role.
Advice 2: 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.