How to behave to the sysadmin during interrogation by the investigator
Since the last post came about two dozen questions. Closer to the vacation I will try to answer at least some of them. I also follow the topic of accusing the system administrator under Article 146. Criminal Code of the Russian Federation.
However, today came an urgent question, which I answer "without delay".
Jean, I'm a system administrator. I beg you to urgently answer the question. They called for an interrogation to the investigator (they recently confiscated all the computers in our company). It is written on the summons that they are called as a witness. Advise, walk or not? How to behave during interrogation?
If there are no valid reasons for non-attendance (illness, etc.), then of course, you need to go. Otherwise, the drive may shine.
')
The drive is quite painful. In Moscow, the situation is approximately as follows. At 5-6 in the morning - and even earlier! - “comrades” will come for you, they will give 5 minutes for gathering, if the interrogation is scheduled for the day / evening, then you will have several hours of tedious waiting in places that are quite unpleasant.
How to behave during interrogation?
First, know your rights and responsibilities. You may refuse to testify against yourself, your spouse and other close relatives. If funds permit, go to an interrogation with a lawyer. You cannot give false testimony or refuse to testify. However, there is no such law, which would punish, for the fact that the witness does not remember something or finds it difficult to answer.
Remember that after being interrogated as a witness, you can be charged and interrogated as an accused. The accused can safely refuse any evidence, referring to Art. 51 of the Constitution of Russia.
Yours, Jean Valjean
Taxes and Internet
Below are tips that are distributed by the European Union, and written by one of the former prisoners, now the head of the Helping Hand Foundation.
1. Enter the door of the investigator's office confidently, in your soul you should have no place for feeling guilty. You should know: the investigator is no better and not taller than you, including in the sense of purity before the law.
2. Remember: in this house you have no friends.
3. In no case never believe the investigator. Never agree to his suggestions - any.
4. When they tell you why they called you, and warn you about responsibility, ask for clarification of your rights. Do not take the word of the investigator, demand that you present the texts of the Criminal Code, the Code of Criminal Procedure, all the articles indicated in the forms that you are given to sign.
5. Never sign anything without reading. If you have read and do not agree with what you read, do not sign until corrections are made.
6. Answer all questions one word at a time: “yes, no”. In no case do not go into lengthy explanations, do not cite additions, explanations, descriptions of events. In case of any doubt, say: “I find it difficult to answer.”
7. Remember: everything that will be said by you may and will most likely be used against you - and this is not an empty phrase. Most often, the prosecution investigator relies on the testimony of the first interrogation.
8. Remember: in 99 cases out of 100 the indictment for the investigation and the basis for a court conviction are the testimony of the accused himself.
9. Be prepared for the fact that from the first interrogation you will not be a witness, but a suspect, and not home, but to a temporary detention center (IVS). But do not be alarmed by this.
10. Always keep in mind that the investigator is not at all smarter than you and not more professional in conducting interrogations and investigation in general. There is no investigative science - everything is determined by common sense, the imperfection of the human soul and the general cultural level.
11. If the investigator is nervous or starts screaming at you and scaring you - this is a sure sign that he has nothing on you.
12. At the first cry and the first threats, immediately stop giving testimony and do not resume them until you apologize. If after that they shouted at you (or insulted in any other way) - shut up forever for this investigator.
13. If you feel that the answer to the question will be against you, do not answer. To this you have the legal right given by the Constitution: no one should be forced to testify against himself.
14. Do not be afraid of the investigator. Never. Do not be afraid to either annoy him or offend: remember that he does not feed any good feelings to you, and your fate does not depend on whether the investigator is disposed towards you or not.
15. If they give you a hint or offer to buy off directly, never agree: first, it can be a provocation (which is unlikely, in the overwhelming number of cases, the investigators really want to take a bribe); secondly, by doing so you admit your guilt, and now the investigation will be able to “drown” you at any moment.
16. If you are being detained (that is, detained), immediately ask for a lawyer - exactly the one you agreed with in advance: in no case do not agree to a lawyer proposed by the investigator (see section 2 and paragraph 3).
17. Feel free to demand: think about your own freedom, and not about the convenience of the investigator.
However, today came an urgent question, which I answer "without delay".
Jean, I'm a system administrator. I beg you to urgently answer the question. They called for an interrogation to the investigator (they recently confiscated all the computers in our company). It is written on the summons that they are called as a witness. Advise, walk or not? How to behave during interrogation?
If there are no valid reasons for non-attendance (illness, etc.), then of course, you need to go. Otherwise, the drive may shine.
')
The drive is quite painful. In Moscow, the situation is approximately as follows. At 5-6 in the morning - and even earlier! - “comrades” will come for you, they will give 5 minutes for gathering, if the interrogation is scheduled for the day / evening, then you will have several hours of tedious waiting in places that are quite unpleasant.
How to behave during interrogation?
First, know your rights and responsibilities. You may refuse to testify against yourself, your spouse and other close relatives. If funds permit, go to an interrogation with a lawyer. You cannot give false testimony or refuse to testify. However, there is no such law, which would punish, for the fact that the witness does not remember something or finds it difficult to answer.
Remember that after being interrogated as a witness, you can be charged and interrogated as an accused. The accused can safely refuse any evidence, referring to Art. 51 of the Constitution of Russia.
Yours, Jean Valjean
Taxes and Internet
Below are tips that are distributed by the European Union, and written by one of the former prisoners, now the head of the Helping Hand Foundation.
1. Enter the door of the investigator's office confidently, in your soul you should have no place for feeling guilty. You should know: the investigator is no better and not taller than you, including in the sense of purity before the law.
2. Remember: in this house you have no friends.
3. In no case never believe the investigator. Never agree to his suggestions - any.
4. When they tell you why they called you, and warn you about responsibility, ask for clarification of your rights. Do not take the word of the investigator, demand that you present the texts of the Criminal Code, the Code of Criminal Procedure, all the articles indicated in the forms that you are given to sign.
5. Never sign anything without reading. If you have read and do not agree with what you read, do not sign until corrections are made.
6. Answer all questions one word at a time: “yes, no”. In no case do not go into lengthy explanations, do not cite additions, explanations, descriptions of events. In case of any doubt, say: “I find it difficult to answer.”
7. Remember: everything that will be said by you may and will most likely be used against you - and this is not an empty phrase. Most often, the prosecution investigator relies on the testimony of the first interrogation.
8. Remember: in 99 cases out of 100 the indictment for the investigation and the basis for a court conviction are the testimony of the accused himself.
9. Be prepared for the fact that from the first interrogation you will not be a witness, but a suspect, and not home, but to a temporary detention center (IVS). But do not be alarmed by this.
10. Always keep in mind that the investigator is not at all smarter than you and not more professional in conducting interrogations and investigation in general. There is no investigative science - everything is determined by common sense, the imperfection of the human soul and the general cultural level.
11. If the investigator is nervous or starts screaming at you and scaring you - this is a sure sign that he has nothing on you.
12. At the first cry and the first threats, immediately stop giving testimony and do not resume them until you apologize. If after that they shouted at you (or insulted in any other way) - shut up forever for this investigator.
13. If you feel that the answer to the question will be against you, do not answer. To this you have the legal right given by the Constitution: no one should be forced to testify against himself.
14. Do not be afraid of the investigator. Never. Do not be afraid to either annoy him or offend: remember that he does not feed any good feelings to you, and your fate does not depend on whether the investigator is disposed towards you or not.
15. If they give you a hint or offer to buy off directly, never agree: first, it can be a provocation (which is unlikely, in the overwhelming number of cases, the investigators really want to take a bribe); secondly, by doing so you admit your guilt, and now the investigation will be able to “drown” you at any moment.
16. If you are being detained (that is, detained), immediately ask for a lawyer - exactly the one you agreed with in advance: in no case do not agree to a lawyer proposed by the investigator (see section 2 and paragraph 3).
17. Feel free to demand: think about your own freedom, and not about the convenience of the investigator.
Source: https://habr.com/ru/post/59835/
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