During the investigation, the procedural status may change. In order not to & nbsp; become a suspect or an accused in a & nbsp; criminal case, it is important to know how to behave if you are questioned in & nbsp; as a witness.
In order that the investigator could not use the information received during the interrogation to change the status, it is necessary that a lawyer be present during the interview. questioning. Section 56 & nbsp; Code of Criminal Procedure of the Russian Federation & nbsp; established that a witness has the right to appear with & nbsp; him for & nbsp; examination.
What to do if a lawyer is absent for & nbsp; interrogation?
If the interrogation has started, and & nbsp; you & nbsp; realize the need for a lawyer be the appearance of a lawyer. Demand to register this petition in the & nbsp; protocol, the investigator is obligated to satisfy her.
If & nbsp; and & nbsp; for some reason it is not possible to ensure the presence of your lawyer & nbsp; and & nbsp; you & nbsp; are ready to participate independently in the interrogation of & nbsp;, try to do the following:
- give precise answers to & nbsp; specific questions from the investigator … Do not & nbsp; be talkative, don't & nbsp; enter & nbsp; long reasoning and & nbsp; do not & nbsp; tell more about & nbsp; that people do not ask you;
- refer to & nbsp; that you don't remember how it was, if you & nbsp; are not sure to have to answer & nbsp; to this or that question, or that & nbsp; don't know how to answer & nbsp; he;
- ask to enter & nbsp; the minutes of all the participants in the interrogation;
- after questioning, study the minutes, pay attention to the & nbsp; correspondence to the validity of the date and time of the interrogation;
- require to make changes if the investigator recorded in the & nbsp; protocol responses to & nbsp; questions & nbsp; not & nbsp; the way you & nbsp; answered it, or made comments with your own hand, indicating in the & nbsp; ; protocol, as in reality you & nbsp; answered this or that & nbsp; one or the other & nbsp; ;
- ask the investigator for a copy of the protocol.
Can you & nbsp; refuse to testify?
Based on & nbsp; art. & nbsp; 51 & nbsp; Constitution & nbsp; RF & nbsp; a person is not obliged to testify against himself, his spouse and & nbsp; relatives (parents, children, adoptive parents, adopted children, brothers and sisters, grandfather, grandmother, grandchildren).
In the interrogation protocol of & nbsp;, it should be recorded that the refusal was made on the basis of the article, otherwise the document could state that the citizen refused to respond to & nbsp; questions asked. & Nbsp; In a criminal case, such a response can lead to & nbsp; to testify.
What other rights does a & nbsp; witness ?
According to article 56 & nbsp; ; of the Code of Criminal Procedure & nbsp; a witness has the right:
- to testify in & nbsp; his native language or in the language he & nbsp; speak;
- use the help of an interpreter for free;
- call an interpreter participating in & nbsp; his questioning;
- to file requests and & nbsp; to make a complaint about & nbsp; actions (inaction) and & nbsp; decisions of the interrogator, the head of the investigation unit, the head of the investigation body, investigating body, investigator, prosecutor and & nbsp; court;
- to be queried with & nbsp; ; in accordance with & nbsp; part five of article 189 of this code;
- to request the application of the security measures provided for in the third part of article 11 & nbsp; of this Code.
In this case, the witness is not & nbsp; allowed :
- to evade & nbsp; appearing on & nbsp; summons an investigator, investigator or & nbsp; court;
- deliberately giving false testimony or refusing to testify
- disclosing the data of the preliminary investigation, of which he became aware & nbsp; as part of & nbsp; participation in & nbsp; procedure on a & nbsp; criminal case, if he & nbsp; has been warned of & nbsp; in advance in the & nbsp; procedure established by article 161 of this Code.
How long the interrogation lasted in & nbsp; as a witness?
According to the article & nbsp; 187 & nbsp; of the Code of Criminal Procedure & nbsp; interrogation cannot & nbsp; last more than 4 & nbsp; continuous hours. Further questioning is permitted after a break not exceeding a & nbsp; less than & nbsp; one hour, and the total duration of the interrogation in & nbsp; during the day can & nbsp; exceed 8 & nbsp; time.