How to conduct a system administrator during interrogation by an investigator
Since the last post, about two dozen questions have come up. Closer to vacation I’ll try to answer at least some of them. For me is also the continuation of the topic of the accusation of a system administrator under Art. Criminal Code of the Russian Federation.
However, an urgent question has come today, to which I answer "in hot pursuit."
Jean, I'm a system administrator. I beg you to urgently answer the question. They called for an interrogation to the investigator (recently all computers in our company were seized). The summons says that they call as a witness. Advise whether to walk or not? How to behave during interrogation?
If there are no good reasons for not showing up (illness, etc.), then, of course, you need to go. Otherwise, the drive may “shine”.
Drive is a rather painful affair. In Moscow, the situation is approximately the following. At 5-6 in the morning - and even earlier! - “comrades” will come for you, give you 5 minutes to gather, if the interrogation is scheduled for daytime / evening time, then several hours of tedious waiting in places quite unpleasant await you.
How to behave during interrogation?
First, know your rights and obligations. 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 law that would punish the fact that the witness does not remember something or finds it difficult to answer.
Remember that after interrogation as a witness, you may be charged and interrogated as an accused. The accused may safely refuse any testimony, referring to Art. 51 of the Constitution of Russia.
Yours, Jean Valjean
Taxes and the Internet
Below, 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. Confidently enter the door of the investigator’s office; you should not have a place of guilt in your soul. Know: the investigator is no better and no taller than you, including in the sense of being clean before the law.
2. Remember: you have no friends in this house.
3. In no case never believe the investigator. Never settle for his suggestions - any.
4. When they tell you why they called you and warn you of responsibility, ask for an explanation of your rights. Do not take the investigator’s word for it, demand the presentation of the texts of the Criminal Code, the Code of Criminal Procedure, all the articles indicated on the forms that they give you to sign.
5. Never sign anything without reading. If you have read and do not agree with what you have read, do not sign until corrections are made.
6. Answer all questions in monosyllables: "yes, no." In no case do not go into lengthy explanations, do not give additions, explanations, descriptions of events. In case of any doubt, say: “I am at a loss to answer.”
7. Remember: everything that is said by you can be and most likely will be used against you - and this is not an empty phrase. Most often, the prosecutor relies on the testimony of the first interrogation in the prosecution.
8. Remember: in 99 cases out of 100, the accusation for the investigation and the basis for the conviction of the court are the testimony of the accused.
9. Be prepared for the fact that from the first interrogation you will not go out as a witness, but as a suspect, and not home, but in 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 investigations 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 shouting at you and scaring you, this is a sure sign that he has nothing on you.
12. At the first scream and first threats, immediately stop giving evidence and do not resume it until you apologize. If even 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. You have a legal right to this, given by the Constitution: no one can be forced to testify against yourself.
14. Do not be afraid of the investigator. Never. Do not be afraid to make him angry or offend: remember that he does not have any kind feelings for you, and your fate does not depend on whether the investigator is located to you or not.
15. If you are hinted or offered to pay off directly - never agree: firstly, it can be a provocation (which is unlikely, in the vast majority of cases, investigators really want to get a bribe); secondly, by doing so you acknowledge your guilt, and now the investigation will be able to “drown” you at any time.
16. If you are being detained (that is, taken into custody), immediately demand a lawyer - the very one with whom you agreed in advance: in no case do not agree to a lawyer proposed by the investigator (see paragraph 2 and paragraph 3).
17. Do not be shy to demand: think about your own freedom, and not about the convenience of the investigator.
However, an urgent question has come today, to which I answer "in hot pursuit."
Jean, I'm a system administrator. I beg you to urgently answer the question. They called for an interrogation to the investigator (recently all computers in our company were seized). The summons says that they call as a witness. Advise whether to walk or not? How to behave during interrogation?
If there are no good reasons for not showing up (illness, etc.), then, of course, you need to go. Otherwise, the drive may “shine”.
Drive is a rather painful affair. In Moscow, the situation is approximately the following. At 5-6 in the morning - and even earlier! - “comrades” will come for you, give you 5 minutes to gather, if the interrogation is scheduled for daytime / evening time, then several hours of tedious waiting in places quite unpleasant await you.
How to behave during interrogation?
First, know your rights and obligations. 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 law that would punish the fact that the witness does not remember something or finds it difficult to answer.
Remember that after interrogation as a witness, you may be charged and interrogated as an accused. The accused may safely refuse any testimony, referring to Art. 51 of the Constitution of Russia.
Yours, Jean Valjean
Taxes and the Internet
Below, 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. Confidently enter the door of the investigator’s office; you should not have a place of guilt in your soul. Know: the investigator is no better and no taller than you, including in the sense of being clean before the law.
2. Remember: you have no friends in this house.
3. In no case never believe the investigator. Never settle for his suggestions - any.
4. When they tell you why they called you and warn you of responsibility, ask for an explanation of your rights. Do not take the investigator’s word for it, demand the presentation of the texts of the Criminal Code, the Code of Criminal Procedure, all the articles indicated on the forms that they give you to sign.
5. Never sign anything without reading. If you have read and do not agree with what you have read, do not sign until corrections are made.
6. Answer all questions in monosyllables: "yes, no." In no case do not go into lengthy explanations, do not give additions, explanations, descriptions of events. In case of any doubt, say: “I am at a loss to answer.”
7. Remember: everything that is said by you can be and most likely will be used against you - and this is not an empty phrase. Most often, the prosecutor relies on the testimony of the first interrogation in the prosecution.
8. Remember: in 99 cases out of 100, the accusation for the investigation and the basis for the conviction of the court are the testimony of the accused.
9. Be prepared for the fact that from the first interrogation you will not go out as a witness, but as a suspect, and not home, but in 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 investigations 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 shouting at you and scaring you, this is a sure sign that he has nothing on you.
12. At the first scream and first threats, immediately stop giving evidence and do not resume it until you apologize. If even 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. You have a legal right to this, given by the Constitution: no one can be forced to testify against yourself.
14. Do not be afraid of the investigator. Never. Do not be afraid to make him angry or offend: remember that he does not have any kind feelings for you, and your fate does not depend on whether the investigator is located to you or not.
15. If you are hinted or offered to pay off directly - never agree: firstly, it can be a provocation (which is unlikely, in the vast majority of cases, investigators really want to get a bribe); secondly, by doing so you acknowledge your guilt, and now the investigation will be able to “drown” you at any time.
16. If you are being detained (that is, taken into custody), immediately demand a lawyer - the very one with whom you agreed in advance: in no case do not agree to a lawyer proposed by the investigator (see paragraph 2 and paragraph 3).
17. Do not be shy to demand: think about your own freedom, and not about the convenience of the investigator.