How to behave during interrogation? This issue is always of interest to citizens who have problems with the law, as well as witnesses and victims of atrocities. You need to behave very restraint and not be nervous, especially since you just need to answer the questions of a law enforcement officer. Do not be afraid of the investigator, because he is doing his job. Interrogation of an adult cannot last more than eight hours a day. Because this is what the law says. The procedural conversation with the minor should not last more than four hours a day, and it is carried out only in the presence of the teacher or representative of the child.
Basic Things to Know
If a person is summoned to the law enforcement bodies for a procedural conversation, this means that police officers want to receive some information on the committed crime. Because the interrogation is carried out by the investigator or interrogator only after the initiation of the case.
So, if a citizen received a summons to call on a procedural conversation, then he must:
- At the appointed time, come to law enforcement. Otherwise, he will be delivered to the department forcibly.
- If a person is summoned to speak with the police as a suspect, he has the right to go there with a lawyer or ask the investigator to appoint him a state attorney.
- The victim and witness are always summoned for questioning. The latter has the right to appear to the investigator with a lawyer.
No need to be afraid
This is the main and basic rule for those who are wondering about how to behave during interrogation. At the same time, it does not really matter how a person is called up by an employee of the authorities for a procedural conversation. After all, being in such an institution is always stress for any law-abiding person.
Interrogation of an adult citizen cannot last more than 8 hours in one day. In addition, the interviewee has the right to lunch and rest, at least one hour. Therefore, if the investigator violates this rule of law, then you need to write a complaint to the management and the court about it.
A continuous procedural conversation cannot last more than 4 hours.
During interrogation, you need to keep yourself in control, do not be rude to the investigator, and moreover, do not prove your case. This rule applies not only to the accused, but also to the witness and victim. Moreover, you should not be afraid of the investigator, because he is the same person who just does his job. The procedural person needs to disclose the crime and increase indicators. Therefore, all persons who ask themselves how to behave during interrogation should know that they only need to clearly answer the questions of the investigator, and then put their signature on the protocol.
Order
Before a person will participate in the interrogation, all rights and obligations must be explained to him. Also, the investigator must identify the person who arrived for the conversation. To do this, the latter must have a passport with him.
During a procedural conversation, an interrogation protocol is drawn up. It records the start and end times of this investigative measure. The accused and the suspect are given the opportunity to refuse to testify, taking into account the norms of Art. 51 of the Constitution. The witness and the injured must be warned of responsibility for giving false evidence.
During the conversation, the investigator keeps a record of the interrogation, in which he brings in all the information received from the participant in the proceedings. A law enforcement officer should ask only questions that would help him establish the truth of the case. The testimony of the accused is considered evidence, therefore each incorrect word of the latter can be used against him.
Interrogation questions asked by the investigator to a participant in the process should not be suggestive. And so the law enforcement officer is free to choose tactics for conducting a procedural conversation.
After the interrogation, the person is invited to read and sign the protocol. The investigator then puts the capital letter “Z” at the end of the sheet. This is necessary so that in the future no extra words or phrases appear on the document.
Features
In practice, it sometimes happens that children become victims of atrocities or witnesses in the case. Peculiarities of interrogation of minors consist in the fact that a pyschologist or teacher is always invited to conduct it. In addition, the duration of the procedural conversation cannot be longer than that established by law for children:
- up to seven years - without a break 30 minutes, with rest - one hour;
- from 7 to 14 - no more than 2 hours a day, without eating only 1 hour;
- older than 14 years - up to four hours, but only with a break.
Legal representatives of minors, victims and witnesses may be present during interrogation. This is indicated by the rule of law.
There is another interesting feature of conducting a procedural conversation with minors. It consists in the fact that the victim and the witness, who are under 16 years old, are not warned about the possible punishment for giving false testimonies.
Defender's involvement
It is obligatory to carry out the following during interrogation with the alleged attacker: if the latter cannot afford to hire a paid lawyer, then the investigator must provide him with a state defense attorney. Because only a professional lawyer will be able to help the accused answer the questions of the official and not allow the employee to mislead the latter or have a psychological impact on him.
A witness and a victim are also entitled to use the services of a lawyer. The latter persons are hired on their own to provide them with legal assistance. In this case, the lawyer is present during the procedural conversation. After the completion of the survey, the defense counsel has the right to make comments to the investigator if he considers that the rights of his client were violated during the investigation. All statements of a lawyer must be recorded in the protocol. Such is the procedural procedure for interrogation with the participation of counsel.
How to behave
The main thing here is the correct psychological attitude of the person who will take part in the interrogation. It is best to come to a conversation with the investigator with counsel. Especially if a person has no experience in dealing with law enforcement officials. In addition, it is best to prepare for the survey in advance, because you need to remember that the investigator is a professional in his field, who wants to get as much information as possible to solve the crime. It is important for him that the accused be convicted, and then he will be counted in the service.
Advice needed
So, citizens who are wondering how to behave during interrogation should remember that the investigator is a law enforcement officer who simply does his job and it is important for him to get the person to tell all the details of the crime that are of interest to him. You need to talk with him politely, formally and clearly answer the questions posed. Eloquence is not necessary here. Also, do not worry too much, because nothing terrible happens in the process conversation.
Some citizens are also interested in the question of how to behave during interrogation by the police if a person has previously admitted his guilt in the crime. In this case, you just need to once again give a confession to the investigator and make sure that he fixes everything on paper. Do not be nervous or look away. The establishment of psychological contact is no longer required.
According to law
Witnesses and victims must necessarily receive summons to summon them for questioning. The CPC indicates this in Article 188. The agenda is handed over to these persons personally, and if they are temporarily absent at home, then to their family members, as well as at the place of performance of official activity or training.
The alleged attacker who is at large should come to the interrogation upon the first call of the investigator. The CPC does not contain the exact wording in which form the accused and suspect should be invited to an official.