According to procedural legislation, failure to appear on the agenda of an investigator without good reason can result in very unpleasant consequences for participants in a criminal case. But only if this document was handed over against signature to the called person or one of his relatives who made such an obligation. In a different situation, there should not be any problems.
Getting
According to Art. 188 of the Code of Criminal Procedure, a witness to the crime or the victim is summoned to the procedural conversation to the investigator only by summons. In this case, the person must be given this document personally and against signature. Otherwise, the citizen in the future may simply not appear for questioning, justifying this fact by the fact that he was not duly notified. Moreover, he will be absolutely right. In addition, if the person to whom it is necessary to hand the summons is temporarily absent, then it can be transferred against the signature to one of the adult members of his family.
This document is also handed through the administration of the place of work or study. In the latter case, this applies only to those individuals who are under 16 years old. In addition, these minors are called for a procedural conversation through their legal representatives. In the event that the person was notified of the invitation to the interrogation properly, then failure to appear on the summons to the investigator can have very unpleasant consequences up to the transfer and imposition of a monetary penalty.
Sample
When calling a citizen to the investigator, it is necessary to correctly draw up a procedural document. It should indicate in what capacity this person is called, for what purpose. Also should be listed all the unpleasant consequences that await a person in the event that his failure to appear on the agenda of the investigator will not have good reason. As a rule, a citizen must confirm his absence with appropriate papers. This document is completed as follows:
- Interrogation Call Agenda
00.00.00 years, the city ______________
In accordance with Art. 188 of the Code of Criminal Procedure, you must appear at 00.00.00 of the year at the city police department ________ as a witness in case No. ___ for testimony. You must have a passport or other identification document with you. In case of failure to appear without good reason, the measures of procedural coercion provided for in Art. 111 Code of Criminal Procedure.
Investigator ATS Captain of Justice
__________________ (signature)
From this example, it is clear that the law enforcement officer indicates in the document all the consequences awaiting the person who was duly notified of the interrogation call, but did not appear on him. Therefore, failure to appear on the agenda of the investigator must be confirmed officially. For example, sick leave.
Drive unit
In the event that a person is summoned to the investigator, then this citizen must appear at the appointed time to the body indicated in the document. Otherwise, a person may be brought there by force on the basis of a decision of a law enforcement officer.
In addition, a citizen who is summoned on a summons must obligatorily notify the investigator of his failure to appear, if there is a good reason for this, and then confirm his words with a written document. In this case, the police investigator will not expose the person to the drive, but simply appoint another time for the procedural conversation. It should be noted here that this measure of procedural coercion can be applied to suspects and accused victims.
The drive does not apply to persons who are under 14 years old, women who are expecting a baby, and sick people who need to be at home for health reasons. In addition, this measure of procedural coercion is not carried out at night. In the event that a citizen is subjected to a drive, this should be argued in a decision issued by a police investigator.
Commitment
Responsibility for failure to appear on the summons to the investigator will only come if the person has been duly notified of the upcoming procedural conversation. Even if a person received this document in his hands, but did not put his signature on another copy, which is being returned to law enforcement agencies, this will also mean that the citizen was aware of the impending interrogation. In this case, the investigator may apply an obligation to appear to such a person. It will consist in the fact that a citizen must come to law enforcement agencies at the first call of an employee. Otherwise, preventive measures may be applied to it.
In addition, this obligation applies not only to suspects, accused, but also to witnesses and victims. By signing such a document, a citizen entrusts himself with certain functions, which consist, first of all, of informing the investigator about the change of his place of residence and appearing upon his first call. Of course, this is an extreme measure of procedural coercion. It is applied only if the law enforcement officer is not sure that the person will independently appear for interrogation. Therefore, having received such a document as a summons, the witness must arrive at the indicated time to testify at the body that is indicated in it.
Recovery
Another no less sad consequence of failure to appear on the agenda is that a small fine may be imposed on an unscrupulous witness. Cash collection in this case is provided for by Art. 111 Code of Criminal Procedure. It is a measure of procedural coercion. That is why the police subpoena is considered a serious document, the receipt of which also must be approached responsibly.
Handing over
According to Art. 188 of the Code of Criminal Procedure, the summons must be given to a person personally against signature. In the event that a citizen is absent, then she may be handed to another adult member of his family. If a person did not sign the summons, but received it, he is considered aware of the call to law enforcement. Failure to appear to the investigator in this case will incur unpleasant consequences.
If the called witness has not reached the age of sixteen years, then the summons should be handed to him through his parents or the administration of study, work. The latter at the same time commit themselves to transmit it to the addressee. If a citizen did not sign the summons, then an appropriate entry is made on that document, which is returned back to law enforcement agencies.
Effects
A citizen who is summoned to the procedural person on the summons must appear at the time indicated in it and at the indicated address in order to testify to the investigator. Otherwise, the measures provided for in Art. 111 Code of Criminal Procedure. If an individual, due to illness, business trip, or for any other justifiable reason, cannot arrive at the law enforcement officer within the indicated time period, he must inform about this, and then confirm his words with official documents. As a rule, the investigator always goes towards the person. He will postpone the interrogation to another time if there are good reasons or will conduct it in the house of a witness or victim.
Value
The agenda is a procedural document, which is issued only to those persons whose testimony can help the investigation to reveal the committed crime as quickly as possible, therefore this document must be taken very seriously. As a rule, the summons indicates who and at what address a citizen is called. A note is also made that in case of no-show at the indicated time, a person may be subjected to drive.
Defender help
Only suspects and defendants can use the services of a free lawyer. The witness has the right to the assistance of a defender, with whom he provides himself. This rule should be indicated in the procedural document. It should also be noted that the summons is presented to the person personally and against signature. If a citizen refuses to receive this document, then this must be recorded.