A factual understanding of the difference between a survey and an interrogation will help those invited to participate in one of the procedures understand their rights and the consequences of providing information to authorized persons. An interview is a procedure carried out as part of an investigation by a lawyer or other authorized person, during which a protocol, report or explanation is drawn up. The main difference between the procedure and interrogation is that the documents drawn up as a result of the interrogation cannot be used as evidence in court.
Interrogation is a procedural procedure that is carried out to clarify the circumstances of a criminal or civil case specifically to obtain evidence for the court. Only an investigator or an authorized representative of the court can conduct an interrogation.
Thus, we can highlight that the difference between a survey and an interrogation is as follows:
Additional Information
In case of failure to appear for questioning, sanctions are applied to the person summoned: property seizure, deprivation of official powers, and so on. Investigators can also forcibly bring a citizen for questioning - the so-called. drive unit. Read more in this article
- The interrogation is carried out in order to collect evidence for the court, the interrogation is carried out for a non-judicial investigation.
- The interrogation is carried out by an investigator or a person authorized by the court, the interrogation is carried out by a police officer or other authorized person.
- Information obtained as a result of the interrogation is used as judicial evidence, and information obtained as a result of the interview is used for other purposes.
- Only witnesses to the crime, the accused and the victim can be called in for questioning, while persons involved in the non-judicial investigation can be questioned.
- During interrogation, a receipt is taken from the person being questioned confirming that he is aware of criminal liability for providing knowingly false information.
What is questioning and interrogation?
The interview is carried out as part of investigative actions by an authorized person, including a lawyer. Its results are recorded in a report, explanation or protocol. Unlike an interrogation, the results of a survey cannot be used as evidence in court.
The interrogation is carried out directly to clarify the circumstances of what happened in the framework of a criminal or civil case. The results of the interrogations are necessary for their use in court proceedings. Only an investigator or a court representative has the right to conduct an interrogation.
The main differences between interrogation and interrogation:
- The results of the survey are needed for non-judicial investigation, and interrogation for evidence in court.
- The survey is conducted by a police officer or other authorized person, as well as a lawyer. Interrogation – only by the investigator or a person authorized by the court.
- Before interrogation, the participant is notified of the liability for giving false testimony. A corresponding receipt is taken from him regarding this.
If a citizen fails to appear for questioning, the law allows for a citizen to be forcibly brought to the investigative authorities.
Interrogation. Survey. Conversation. What is the difference?
HOW TO COMMUNICATE WITH SECURITY SERVICES
The police, the Investigative Committee, the FSB - you will meet with all these structures sooner or later, this is the Russian reality. "Team 29" explains how to communicate with them with the least damage to yourself. This time we will look at those situations when security forces want to get information from you. They have dozens of ways to do this, varying in form, investigator capabilities and regulatory laws. Everyone has the same goal: to obtain from you information that is of interest to law enforcement. We will take the most common methods: conversation, questioning and interrogation.
INTERROGATION
When you were invited for interrogation
Get official notification.
This is necessary, for example, so that you can take time off from work (interrogation, according to labor law, is considered a valid reason).
Do not go to interrogation without a lawyer. Never!
As we have already written, it is best for you to immediately attend to finding your lawyer, regardless of your procedural status.
If you are an accused or suspect, a defense attorney must be present at the interrogation. The state may provide you with a designated attorney. The independence of such defenders from the investigation raises doubts among many.
Do not give in to the persuasion of the police officers. Sometimes they can use direct threats: put you in a pre-trial detention cell, put pressure on your relatives. But these days this is rare. Most likely, if you refuse, the investigator will promise to check you thoroughly. But if you come with a lawyer, they are unlikely to put pressure on you in front of witnesses.
During interrogation
1. Identification
You will be required to provide your passport or other identification document. As a rule, at the beginning of the interrogation, the investigator will enter your data into the protocol in front of you.
2. Explaining the essence of the matter
The investigator must tell you why you were called. If your status is a suspect or accused, they must explain to you where it comes from.
3. Clarification of rights
You must be told what rights you have during interrogation. For example, if you have the status of a suspect or accused, then your rights are in the articles and the Code of Criminal Procedure of the Russian Federation. If you are a witness, then in the article of the Code of Criminal Procedure of the Russian Federation.
4. The actual interrogation
Usually the investigator begins with the question “What can you essentially report?” Sometimes everything is limited to them.
5. Drawing up a protocol
You have the right, having seen shortcomings in the protocol, to point them out in comments to it.
6. Signing the protocol
Before signing the protocol, make sure that there are no empty spaces (or they are crossed out). Don't forget to indicate your comments and report them in the appropriate box.
During and after interrogation
Use the right not to answer questions if you are afraid that the answers will be used against you.
The reasons for refusal depend on your procedural status.
If you are a witness
you are required to answer all questions. You have the right to refuse only if the answer could harm you or your closest relatives (parents, children, grandparents, grandchildren, full and half (who have a common father or mother) brothers and sisters). The investigator may threaten you with liability for refusing to testify (Article 308 of the Criminal Code of the Russian Federation), but practice shows that such cases are opened extremely rarely.
If you are a suspect or accused,
you have the right to refuse to testify at all. But it is best to consult with your lawyer first.
Be polite
You need to speak to the investigator clearly, calmly and respectfully. There is no need to succumb to provocations. You should not use profanity. There is no need to provoke conflict.
Study the protocol carefully and record any violations.
Based on the results of the interrogation, the investigator draws up a protocol, which is signed by himself, you, your defense attorney, and other persons present. The protocol can be handwritten or printed on a computer. The investigator may also ask you to sign under each of the answers, and perhaps on each page. The law does not clearly stipulate exactly how everything should look.
The protocol must indicate the date, time of the beginning and end of the interrogation, and the names of all actors. You must read the interrogation report carefully. If you see that somewhere the investigator wrote something that is not what you said, ask him to correct it.
If the investigator refuses to correct the record, you can reflect this in your comments. State in them as clearly as possible what you actually talked about.
All empty spaces remaining in the protocol after its completion must be crossed out. You can leave an unlimited number of comments on the protocol. Record them all carefully. This can be done either by you or by the investigator under dictation.
Sheets with comments must be attached to the protocol. Information that they exist must be entered in the “comments” column in the protocol itself. There it is advisable to indicate not only the number of pages, but also a description of the content. Or you can write how the text begins and ends with comments.
SURVEY
You don't have to answer any questions at all.
The survey is regulated by the Law “On Operational-Investigative Activities.” There is also a protocol there. You have the right not to answer. This is not an interrogation, and you will not be held liable for refusing to testify.
The survey is conducted as part of operational work. Since the latter is classified and regulated by the law on state secrets, you can only guess about the essence of the matter.
There is no set invitation form.
In practice, the form of invitation to a survey is not provided for by law. However, you need to get it. You can explain this, as in the case of interrogation, by the need to get legal time off from work. For failure to appear for the survey, you may be held liable under Article 19.3 of the Code of Administrative Offenses (failure to comply with the legal requirements of police officers).
The interview protocol is more difficult to use in a criminal case.
The requirements for the interview protocol are not as stringent as for a similar document during interrogation.
Your rights will need to be explained to you. Also, in order for an interview to be used in a criminal case, its protocol must meet the requirements for an interrogation protocol from the Code of Criminal Procedure of the Russian Federation.
You have the right to write down your comments at the end of the survey protocol. For example, that the text does not correspond to your testimony. The rules for filling out comments in the interview protocol are the same as in the interrogation protocol.
CONVERSATION
The conversation is not documented in any way.
The conversation is not much different from a regular conversation. Communication takes place informally, no documents are signed based on its results, and no protocols are drawn up.
Both investigators and operatives can talk to you. It can take place anywhere: at the police department, the Investigative Committee, a cafe, at your home, on the street.
The materials from the conversation can be used both in court and during the investigation.
During your testimony, the investigator may tell the court that you provided some information during a personal conversation.
In addition, what you told during the conversation may help further actions of investigators and operatives against you and your loved ones.
In this case, the investigator can record the conversation on a voice recorder without warning. It is impossible to predict in advance the attitude of the court to the information obtained in this way. It all depends on the specific case.
Therefore, think carefully before agreeing to speak with an investigator. Contact a lawyer and consult with him.
Interrogation procedure
The interrogation procedure is strictly regulated by Russian legislation and includes several stages:
- Checking the identity of the person being interrogated, explaining to him his rights, as well as the procedure for the interrogation.
- Gathering information in the form of a conversation. The investigator determines its structure and course at his own discretion.
- Drawing up a protocol. Information obtained during interrogation is entered into it in the first person and verbatim.
An important requirement for the investigator is not to ask leading questions during interrogation and not to influence the information given by the interrogated in other ways.
Article 187 of the Code of Criminal Procedure of the Russian Federation determines the procedure for conducting interrogation. It says:
- The interrogation may be conducted at the actual location of the interrogated persons or in a pre-trial detention center at the place of the judicial investigation.
- The interrogation can be conducted for no more than 4 hours continuously.
- During the day, the interrogation can last up to 8 hours (after 4 hours of interrogation there should be a lunch break).
- If there are medical contraindications for continuous interrogation for 4 hours, the investigator will interrogate the citizen several times. But the state of health and contraindications must be recorded in a medical certificate.
Failure to comply with these requirements of the interrogation procedure is a gross violation on the part of the investigator.
Drawing up an interrogation protocol
A record of the suspect's interrogation is kept during the investigative measure.
He contains:
- Full name of the interrogated person, interrogator or investigator, place and time of the interrogation;
- Questions and answers voiced during the investigation;
- Instruction on the consideration of individual case materials (documents, things, etc.);
- A record of the inclusion of materials in the case (diagrams, drawings, audio, video, etc.).
The interrogation protocol is handed over to the suspected citizen and his defense attorney for review. If inaccuracies are found, they make comments with their own hands.
Rights and obligations of interrogated persons
The purpose of the interrogation is to obtain information about the case from the citizen. But, at the same time, interrogation allows a citizen to protect himself from suspicion of committing a crime. Therefore, the Code of Criminal Procedure of the Russian Federation defines the following rights of the interrogated person:
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- Give evidence in accordance with the norms of the Code of Criminal Procedure of the Russian Federation.
- Refuse to testify, subject to written notice.
- Use the services of a translator.
- Get help from a lawyer. If there are no funds to pay for his services, the interrogated person is required to provide a lawyer free of charge.
- Study materials on the case and present motions and evidence.
The person being interrogated has two responsibilities:
- Appear for questioning at the specified time. In case of failure to appear without a good reason, he may be forcibly detained.
- Give truthful testimony. There is criminal liability for giving false testimony.
A suspect summoned for questioning by the defense has the right to refuse to testify. Also, he will not be charged with giving false testimony, and refusing it or changing the testimony does not confirm the guilt of the suspected citizen.
A citizen detained on suspicion of committing a crime is interrogated regardless of his wishes. But he also has the right not to testify against himself and his family.
The second part of Article 46 of the Code of Criminal Procedure of the Russian Federation defines the following rules for conducting investigative actions:
- The detainee must be interrogated in the presence of his lawyer and within 24 hours after the arrest.
- Before interrogation, the detainee can talk with a lawyer for two hours.
- The suspect has the right to request the participation of an interpreter and an expert in the interrogation.
Depending on the age of the person being interrogated, Russian legislation also establishes a number of restrictions.
Is it possible not to appear for interrogation or questioning?
In some cases, failure to report to the police may be punishable by law .
In this case, a person must know his rights and responsibilities. During the survey, only citizens who are involved in a non-judicial case can be involved. The prosecution, the accused, the victim, and witnesses to the crime are invited to interrogation. It is impossible not to appear for the procedure without a good reason; this is punishable by law. You can refuse explanations about the case even without a reason. A person cannot be prosecuted for this under an article of the Criminal Code of the Russian Federation. If you refuse to testify, you must write a refusal.
Interrogation of a minor
The law establishes the following restrictions for the interrogation of minors:
- Persons under 16 years of age are not subject to criminal liability for giving false testimony.
- When interrogating minor witnesses (under the age of 14), in addition to the investigator, a parent (or guardian) must be present, as well as a teacher of the person being interrogated.
- When interrogating children over 14 years of age, these persons may be present at the discretion of the investigator.
- Minors with physical or mental disabilities can only be interrogated in the presence of a teacher and their representative.
- These persons may ask questions of the child, but only with the permission of the investigator.
- If there is a threat of violence, the child may be interrogated in the absence of the accused. This is done by court decision, but the defense can file a corresponding motion. The defendant will then be removed from the courtroom while the child testifies.
- With the permission of the interrogator, after the interrogation, the child and his representatives may leave the court session.
These rules for interrogating minors are defined in Article 280 of the Code of Criminal Procedure of the Russian Federation. Their goal is to protect the child from psychological trauma.
Can you be held criminally liable for refusing to testify?
A person is not subject to criminal liability for refusing to testify against himself, his spouse or his close relatives.
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Questioning, interrogation, conversation
Anything that gives you extra time to think is beneficial to you.
If the question is unclear or you don’t know how to answer it, limit yourself to the phrase “difficult to answer.” Everything that is said during interrogation will probably be used against you in court. if it does come to him. According to statistics, accusations are largely based on testimony obtained during interrogations, that is, it is your words and your formulations that can be used against you and make you an accused. There are no trifles during interrogation.
The participation of a lawyer (Part 2 of Article 53 of the Code of Criminal Procedure of the Russian Federation) is not only possible, but also highly desirable, and in some cases strictly mandatory (Article 425, Article 51 of the Code of Criminal Procedure of the Russian Federation)
The current version of the document you are interested in is available only in the commercial version of the GARANT system. You can purchase a document for 54 rubles or get full access to the GARANT system free of charge for 3 days.
Each material is supported by references to regulatory legal acts, takes into account existing judicial practice and is updated as legislation changes. Knowingly false testimony of a witness in some cases is a crime (Article 307 of the Criminal Code of the Russian Federation) The investigator is obliged to explain the rights provided for in Art.
51 of the Constitution of the Russian Federation (not to testify against yourself and your loved ones). Otherwise, the interrogation record will be excluded from the list of admissible evidence (Article 83 of the Code of Criminal Procedure of the Russian Federation)
What is interrogation
The Criminal Procedure Law has established specific deadlines for when law enforcement officers must interrogate a suspect by sending him a summons by telephone or without a summons by telephone - in writing:
It is often enough to simply put psychological pressure on the person being interrogated to give the testimony the investigator needs.
Experts do not recommend showing your disagreement in every possible way at the very beginning of communication with the investigator and demanding that a summons be sent in writing. However, the refusal to testify or its subsequent changes should not be interpreted as circumstances that confirm the guilt of the suspect.
It would therefore appear that in such a case the scope of Article 51 would not apply.
Read other articles on the site:
- Procedural grounds and procedure for refusing to initiate criminal cases
- Reasons and grounds for initiating a criminal case introduction
- Neighbors rent out an apartment for daily rent, how to deal with it, police report form
- The issue of deferring the execution of a sentence may be resolved by the court at the place
- Concept and signs of official crime composition
Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!
Types of interrogations
Interrogations are divided into several types depending on who is being interrogated and who this person is in the process: expert, defendant, victim, suspect, witness or accused.
The interrogation can also be divided by age categories:
- minors;
- adult;
- adults.
By sequence:
- initial. Conducted immediately when all circumstances are fully clarified;
- additional. Conducted in order to supplement previously collected information from the readings received;
- repeated. Conducted if the initial interrogation was incomplete or of poor quality, or to persuade the interrogated to a different position.
Interrogation of a suspect
A suspect is someone who is suspected of committing a crime if the evidence collected is insufficient to convict him.
For more information about interrogating a suspect, read our article:
https://fsin-pismo-gid.ru/blog-advokata/dopros-podozrevaemogo
Also on this topic read:
https://fsin-pismo-gid.ru/blog-advokata/stoit-li-davat-pokazaniya-pri-zaderzhanii
https://fsin-pismo-gid.ru/poleznaya-informatsiya/top-8-psihologicheskih-ulovok-i-hitrostej-ispolzuemyh-strazhami-poryadka-na-doprosah
https://fsin-pismo-gid.ru/blog-advokata/pyat-oshibok-podozrevaemogo
Interrogation of a witness
A witness is summoned for questioning by summons or through other means of communication through which the fact of the summons can be recorded.
The presence of a lawyer and an interpreter, as well as a representative of the witness, who has equal rights with him, is allowed. A witness may refuse to testify against himself or his family under the law.
Read all the details of the witness interrogation in our article
https://fsin-pismo-gid.ru/blog-advokata/kak-vesti-sebya-na-doprose-esli-vy-svidetel
Also on this topic read:
https://fsin-pismo-gid.ru/blog-advokata/dopros-lzhesvidetelej-v-ugolovnom-protsesse
https://fsin-pismo-gid.ru/blog-advokata/desyat-oshibok-svidetelya-na-doprose-u-sledovatelya
https://fsin-pismo-gid.ru/blog-advokata/dacha-pokazanij-v-ramkah-ugolovnogo-dela
Questioning - interrogation - inspection - search - similarities, differences and consequences
If this is a survey, then it is conducted outside the framework of a criminal case, and here you can calmly refuse to participate, literally saying: “I don’t want to, I’m sick, I don’t explain, etc.”
After getting to know each other and understanding what is happening, we call the lawyer, and “we spend a long time rewriting the documents, waiting for the lawyer to arrive.
If requested, the employee(s) must allow you time to review your identification. You are unlikely to be allowed to take a photo of your ID, but you can copy it. But the request should not look like “give (provide) such and such documents.” In any case, the request must be motivated, in which the reason for such a request must be indicated, i.e. that the request was submitted in connection with a criminal case under investigation, when conducting an inspection on a statement of crime, or on an administrative offense, it must the number of the criminal case, the number of the registered statement must be indicated. The same applies to personal items, bags, etc.
Searching without your consent is prohibited. A request to open your purse can be answered with a counter question: “Is this a search? If not, then I don’t agree (disagree).”
