Questioning or Interrogation?
No friendly conversations with employees law enforcement does not happen: if the police want to talk to you, it is an interrogation or questioning. It is categorically not recommended to go to it without a lawyer. Do not confuse interrogation with interrogation. The interrogation is carried out as part of a criminal case, and the interrogation is carried out during an inspection; V the latter case It is not necessary to answer the questions at all. There is a similar difference between a search and an inspection of a premises. They search the premises exclusively as part of a criminal case, and the police can knock down doors, cut off locks and take everything away. But during the inspection, they have no right to do anything like that and in general they don’t even have to be allowed in.

The law does not indicate that citizens are obliged to give explanations to law enforcement officials. There is also no liability for refusal to provide explanations. There are only sanctions for refusing to testify during interrogation during a criminal investigation or consideration of criminal cases. administrative offense. In fact, you can simply refuse to give any explanation and not give a reason, citing Article 51 of the Constitution of the Russian Federation, according to which no one is obliged to testify against themselves, their spouse and close relatives. The right of law enforcement officials can only be exercised if mutual agreement.

If you are already at the station or the police officers who have come to the office demand your testimony right away, refuse. It is always better to remain silent if you are in doubt about how to answer questions correctly. Then, after consulting with a lawyer, you can express your desire to testify, and the police will be required to question you again.

Interrogation as usual
You need to clearly understand that there are not and cannot be friends, like-minded people or sympathizers in institutions where they may be invited for interrogation. The investigator and the accused have a principle different goals. The task of the first is to solve the crime and improve reporting indicators. The task of the second is to at least not worsen your situation and not harm yourself. Therefore, no matter how the investigator behaves, do not think that he wants to help you. Politeness and show of interest are only tools to get your interlocutor talking and get the missing information. If the investigator knew everything and had evidence, he would not communicate with you. You shouldn’t trust him, much less agree to cooperate. And the point is not that all investigators are bad people. On the contrary, maybe they are very good and kind. But their job is to extract information from people and put them in jail. You have different goals and objectives.

During the interrogation, the investigator will definitely use techniques psychological impact. Its task is to disarm a person, throw him out of mental balance, raise doubts about the correctness of the chosen position, in other words, drive you into a state that in psychology is designated by the term frustration. To do this, he will change the tone, pace and direction of the conversation. A technique that every professional investigator uses is to give a person an exaggerated idea of ​​the evidence the police have. The goal is to make you believe that he knows everything. Don’t guess anything for the investigator. Let him first say what he knows, provide evidence, and then you can react. Don't make his life easier by complicating yours.

The investigator’s behavior is aimed at frustrating, undermining your defenses, and finding flaws in your chosen line of behavior.

During interrogation, investigators resort to standard techniques. Here's what you should be prepared for: at the beginning of the conversation, the investigator will try to establish psychological contact with the suspect, create an atmosphere of trust, and perhaps conduct conversations on neutral topics. Evidence is presented in order of increasing importance - the most convincing is saved for later, the factor of surprise is always used. Hostile statements (or provoking the suspect to make them) regarding participants in events who were not present at the interrogation cannot be ruled out. The investigator will likely create an exaggerated impression of police knowledge, make moral arguments, and emphasize the suspect's conscience.

The investigator’s behavior is aimed at upsetting, undermining your defenses, and finding flaws in your chosen line of behavior. His job is to get you to help him achieve his goals. If the investigator suddenly begins to raise his voice or intimidate you, take this as good sign. Most likely, this means that the prosecution has reached a dead end, and the investigator is screaming, nervous or angry with the realization own powerlessness. So, in the event of any aggression on the part of the investigator, mentally praise yourself, shut up and wait until he apologizes to you. If there is no apology, and the pressure and insults continue, feel free to ask for another investigator. It is better, of course, to do this through your lawyer, who will file a complaint with the head of the investigative unit or the prosecutor's office.

How to behave
Correct psychological attitude during interrogation - the key to your success. You should not philosophize, engage in polemics, or demonstrate your oratorical abilities. I repeat that the investigator’s task is to get you to talk. Don't help him! All questions must be answered as briefly and to the point as possible. It is advisable to limit yourself to the words “yes” or “no”. How more people says during interrogation, the easier it is for him to get confused, to be caught in inconsistencies, and the easier it is for the investigator to cling to something. The person is confused, he becomes more vulnerable, he can be manipulated and driven into a corner.

The investigator is a professional. Be professional too. If the question requires description, be as succinct as possible. Every word must be carefully considered. Remember that you are not limited in time ( minimum time interrogation is not established, the maximum is eight hours). Set yourself up for a slow pace: there is no rush. Answer even the most simple questions take your time, use pauses. Accustom the investigator to this pace of conversation. If he starts pushing you, honestly admit that you are a little worried and uneasy. It is completely natural to feel discomfort in such a situation.
During the interrogation, the investigator is required to keep a protocol. Your lawyer will oversee this, but you also have the right to keep your own notes, including recording the investigator's questions. Don't miss this opportunity! Have a notepad and pen with you. This will give you time to think about the questions and answers and reduce anxiety. Let the investigator be nervous, not you. Also don't forget to take with you drinking water and headache pills. Use them as needed.

It doesn't matter if you're guilty
or not, behave like a person who is innocent

You benefit from everything that will give Extra time to think about it. 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 the interrogation will probably be used against you in court... if it does come to court. 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.

Special attention should be paid to the differences in the behavior of the perpetrator and innocent man. An innocent person, as a rule, responds to a direct accusation with a violent negative reaction. The culprit takes a wait-and-see attitude. The innocent person constantly refers to specific charges and refutes them with factual arguments. The culprit leaves specific points and avoids returning to the main accusation. The innocent person is active in his defense. The guilty person is passive: he knows to what extent the arguments against him are true, and behaves accordingly. The innocent person is acutely aware of the prospect of shame and condemnation from colleagues, relatives and friends. The guilty person is only interested in possible punishment. It doesn't matter whether you are guilty or not, act like someone who is innocent.

You need to communicate with the investigator just like with any other official: polite, correct, but in no case in an ingratiating or apologetic tone. The investigator does his job, and you do yours. No matter what questions the investigator asks, no matter how he incinerates you with his gaze or, conversely, no matter how feignedly nice and accommodating he is to you, try to remain calm and cool, and do not panic. Remember: panic and sanity are incompatible. And clarity of consciousness and understanding of what is happening in a conversation with the investigator is extremely necessary for you. An interrogation is both a fight between two people on the legal field and a struggle between two characters, in which all the actions of the investigator are aimed at suppressing the psyche of the accused.

The level of legal literacy in our country leaves much to be desired, and even experts cannot always distinguish a survey from an interrogation. At the same time, these forms of collecting and securing evidence have a different nature and, accordingly, a different procedure.

What is questioning and interrogation?

Survey- This test event which is carried out by police officers, as well as other persons authorized to conduct inspections in according to the Code of Criminal Procedure. The survey is drawn up in the form of an explanation, survey protocol or report and is not considered evidence in court.
Interrogation is a procedural action that is carried out authorized person at the stage of preliminary investigation and judicial investigation criminal cases, as well as in civil proceedings.

Difference between questioning and interrogation

The most important difference between specified categories is for the purpose of carrying out. A survey is a screening exercise that is necessary to obtain important data and information. Interrogation is a procedural action formalized in the appropriate form. When drawing up an interview protocol, only his basic rights and obligations are explained to the person. The person is also warned about administrative responsibility for refusing to give an explanation.
The interrogation protocol is preceded by a mandatory explanation of rights and obligations against signature. Refusal to testify may entail criminal liability. At the same time, the survey is not evidence in court, but can be conducted by a wide range of people. The interrogation is carried out either by the investigator as part of the preliminary investigation, or by the state prosecutor (prosecutor) and other participants in the process in court.

TheDifference.ru determined that the difference between a survey and an interrogation is as follows:

Procedural position. To interrogate a person, he needs to be given certain status(suspect, witness, etc.), but you can interview a person without such an action.
Subjects. Only an inquiry officer or investigator can interrogate a person in a criminal case, as well as a judge (prosecutor, lawyer) in a civil case. A lawyer can interview a person, as well as police officer, customs officer, prosecutor.
Legal force. An interrogation is recognized as evidence, while an interrogation does not have this status.

Decided: To publish in the newspaper “Nizhny Novgorod Lawyer” guidelines for the implementation of the rights of a lawyer provided for in clause 2, part 1, article 53, part 3, article 86 of the Code of Criminal Procedure of the Russian Federation and clause 3, art. 6 Federal Law “On advocacy and the Bar in the Russian Federation”, approved by the Council Federal Chamber lawyers of the Russian Federation, and a protocol of interviewing persons in accordance with Art. 86 of the Code of Criminal Procedure of the Russian Federation, recommended by the Council of the Chamber.

approved by the decision of the Council of the FPA of the Russian Federation dated April 22, 2004 Minutes No. 5

The current criminal procedural legislation grants the defender of the accused (suspect) certain rights to collect evidence. In accordance with paragraph 2 of part one of Article 53 of the Code of Criminal Procedure of the Russian Federation, the defense attorney is given the right to collect and present evidence necessary to provide legal assistance, in the manner established by criminal procedural legislation.

Part 3 of Article 86 of the Code of Criminal Procedure of the Russian Federation provides a list of procedural actions aimed at collecting evidence in the course of providing legal assistance in a criminal case, which the defense attorney has the right to carry out. They are essentially different from the actions carried out by organs preliminary investigation and the court when collecting evidence. These are: obtaining items, documents and other information (clause 1), interviewing persons with their consent (clause 2) and requesting certificates, characteristics and other documents from various organs, associations and organizations (clause 3). Similar rights are granted to the lawyer pp. 1-3 parts 3 tbsp. 6 of the Federal Law of the Russian Federation “On advocacy and advocacy in Russian Federation"(hereinafter referred to as the Federal Law).

When developing and adopting the current Criminal Procedure Code, the legislator, having secured specified funds collection of evidence in a criminal case, did not establish a procedural procedure for carrying out these actions, which in practice causes controversy and entails unreasonable decisions on the refusal to include the evidence collected by the lawyer in the case materials by interrogators, investigators, prosecutors and courts, and to evaluate them in conjunction with other evidence collected in the case.

At the same time, as the practice of advocacy has shown, the considered methods of collecting evidence are used by lawyers quite widely, and therefore there is a need to give these methodological recommendations.

When collecting evidence, you should first of all take into account the requirements of Art. Art. 74 and 75 of the Code of Criminal Procedure of the Russian Federation, establishing the concept, properties and types of evidence. In addition, it is necessary to keep in mind their forms procedural consolidation. Because the current Code of Criminal Procedure The Russian Federation does not provide for procedural documents that would record the actions and decisions of a lawyer during the collection of evidence (resolution, protocol), then they must comply in form and content with the requirements of Art. 84 Code of Criminal Procedure of the Russian Federation.

1. Obtaining items, documents and other information

In criminal proceedings, preliminary investigation bodies obtain items relevant to the case through seizure. The law does not grant such authority to a lawyer. Therefore, if necessary, it is recommended to obtain such items only at on a voluntary basis and based on the consent of the owner.

It seems that for this purpose the lawyer needs to obtain written statement from the owner of this item. It is recommended that the application reflect, in addition to mandatory details, the following: when and under what circumstances did he receive this item, his features, in connection with which he wishes to hand it over to the lawyer and for what purposes, whether this handover was made voluntarily and whether any coercive measures were applied to him in order to obtain the item. If necessary, the signature of the person submitting the application is recommended to be notarized.

The procedure for the voluntary transfer of an item from the owner to a lawyer can be carried out in the presence of at least two citizens, who must attest to the fact and results of the voluntary transfer of the item. If necessary use special knowledge upon receipt or inspection of an item, a specialist may be invited to participate in this procedural action. This authority established clause 3, part 1, art. 53 of the Code of Criminal Procedure of the Russian Federation. The progress and results of obtaining the item can be recorded using photo, audio and video equipment. After receiving the item, the lawyer, in the presence of its owner and witnesses, if necessary with the participation of a specialist, must examine the item in detail and identify its characteristic features and traces.

At the end of this procedural action, it is necessary to draw up a document that reflects the grounds, progress and results of receiving the item. It seems that such a document could be the “Protocol for Receiving an Item.” It is recommended to indicate in the act following information: time and place of receipt of the item, who carried out this action, on the basis of which the item was received, with the participation of which persons the item was received and inspected, what technical means what kind of item was received, the results of its inspection, whether the item was packaged and how, how the item was sealed were used. All participants in the issuance and receipt of the item must be familiarized with the act; after familiarization, all participants are explained the right to make additions and comments, after which they sign the act. The act must be accompanied by the received item, audio, photo and video materials recording the progress and results of its implementation, which is noted in the act itself.

Considering the powers of a lawyer to obtain documents and other information that may be evidence in a criminal case, it is obvious that in in this case this means cases where they are under the jurisdiction or possession of citizens or commercial organizations, who are not required by law to provide documents or copies thereof at the request of lawyers in accordance with clause 3 of part 3 of art. 86 Code of Criminal Procedure of the Russian Federation. Procedural order receiving them should be the same as receiving items, as described above.

2. Interviewing persons with their consent

It should be noted that on this issue in various printed publications available significant amount publications.1

Survey, as provided for in clause 3, part 3, art. 86 of the Code of Criminal Procedure of the Russian Federation, is carried out only with the consent of the person whom the need arose to interview. The survey itself, it seems, can be framed in the form of responses to concrete questions, or in the form of a free story with clarifying questions at the end.

The question of the possibility of committing the action in question after the interrogation of the same person by the investigator as a witness, victim, accused or suspect deserves special attention. It seems that such an interrogation is possible only if during their interrogations all the issues that are essential to the case were not clarified.

The progress and results of the survey are proposed to be recorded in special document, for example, calling it “Protocol for interviewing a person with his consent.” It is not recommended to call it a protocol, because Code of Criminal Procedure of the Russian Federation drawing up such procedural document provided for based on the results of procedural actions carried out investigative authorities. When drawing up an act, it can be classified as other documents, as a type of evidence provided for in paragraph 6 of Part 2 of Art. 74 of the Code of Criminal Procedure of the Russian Federation and meeting the requirements of Art. 84 of the same Code.

The act must reflect the following data: information about the lawyer who conducted the survey, indicating legal education, Bar Association subjects of the Russian Federation in which this lawyer is listed, his number in relevant register and the number of the order on the basis of which he executes the order according to this case; last name, first name, patronymic, date and place of birth of the person being interviewed, his place of residence, place of work, position, home and work telephone numbers, information about documents proving his identity, relationship to the accused and the victim; mark indicating consent to the survey. The act of interrogation, it seems, must meet the requirements for the protocol of interrogation of a witness (Articles 189-191 of the Code of Criminal Procedure of the Russian Federation).

3. Requesting certificates, characteristics, and other documents from authorities state power, organs local government, public associations and organizations that are required to provide the requested documents or copies thereof

Considered norm of the Code of Criminal Procedure RF has been used before. However, such a right, outside of participation in legal proceedings in a criminal case, was exercised in the form of sending a petition or request on behalf of the bar association or legal advice, which were signed by the relevant manager.

The current Code of Criminal Procedure of the Russian Federation grants this right directly to the lawyer. It is recommended to exercise this right by sending it to the persons specified in Art. 86 of the Code of Criminal Procedure of the Russian Federation, bodies and organizations make requests for the purpose of obtaining the documents specified therein. When sending a request, it is permissible to use lawyer education forms, established sample. If necessary, they can be certified by the seal of the relevant legal entity. Request with requirement necessary documents must be motivated. It is also advisable to indicate the time frame for its resolution with reference to current legislature on the procedure for resolving citizens' appeals.

The question of the procedure for attaching to the materials of a criminal case received in accordance with paragraph 3 of Part 3 of Art. 86 of the Code of Criminal Procedure of the Russian Federation of objects, documents, certificates and other information.

For this purpose, it is recommended to send a written reasoned petition to the preliminary investigation authorities or to the court, in which, as an attachment, indicate following documents: an application for the voluntary release of an item, relevant acts of receipt, the items themselves, documents, certificates and other information.

In case of refusal to accept an application, it should be borne in mind that in accordance with Art. 120 of the Code of Criminal Procedure of the Russian Federation in any case, even if it is refused, is subject to inclusion in the materials of the criminal case, and since the received item, as well as certificates, documents and other information are annexed to the petition, they are subject to inclusion in the same materials of the case.

1In preparing these recommendations the following were used:
- scientific and practical commentary on the Federal Law “On Advocacy and the Bar in the Russian Federation”, ed. D.N. Kozak, M., “Statute”, 2003;
- comment to Federal law“On advocacy and advocacy in the Russian Federation,” ed. A.V.Grinenko, M., “Code” 2003;
- Parshutkin V.V., “A lawyer’s survey of persons with their consent”, newspaper of the international union (commonwealth) of lawyers “Advocate”, No. 11(148), M., 2003.

Criminal Procedure Code, N 174-FZ | Art. 86 Code of Criminal Procedure of the Russian Federation

Article 86 of the Code of Criminal Procedure of the Russian Federation. Collecting evidence ( current edition)

1. Collection of evidence is carried out during criminal proceedings by the inquirer, investigator, prosecutor and the court through investigative and other procedural actions provided for by this Code.

2. The suspect, the accused, as well as the victim, civil plaintiff, civil defendant and their representatives have the right to collect and represent written documents and items for inclusion in a criminal case as evidence.

3. The defender has the right to collect evidence by:

1) receiving items, documents and other information;

2) interviewing persons with their consent;

3) requesting certificates, characteristics, and other documents from state authorities, local governments, public associations and organizations that are obliged to provide the requested documents or copies thereof.

• BB code
• Text

Document URL [copy]

Commentary to Art. 86 Code of Criminal Procedure of the Russian Federation

1. Collection of evidence is an element of the evidentiary process, including the discovery, seizure and recording of evidence. In com. The article identifies three groups of participants in legal proceedings who use different ways collecting evidence. The first group consists of persons conducting criminal proceedings: the inquiry officer, the investigator and the court. Due to the lack of the prosecutor's right to participate in the conduct of investigative actions on preliminary investigation and to take the case into his proceedings, collecting evidence is possible only in the form of participation in judicial stages process. At the same time, the prosecutor does not conduct investigative actions here (this is the prerogative of the court), but only takes part in them as a state prosecutor, and can also request and present documents to the court on the basis of Part 4 of Art. 21 and also Additional materials to court cassation instance(Part 5 of Article 377). Noteworthy is the fact that the court is named among the subjects of collecting evidence. However, all evidence is divided into incriminating and exculpatory (Part 1 of Article 332), therefore, when collecting evidence, the court to some extent risks taking an accusatory or exculpatory position - depending on what type of evidence it primarily collected. However, the court is not a criminal prosecution body, does not act on the side of the prosecution or the defense, it is intended only to create the necessary conditions for the parties to fulfill them procedural duties and the exercise of the rights granted to them (Part 3 of Article 15). In this regard, the court's powers to collect evidence should be interpreted restrictively. The activity of the court in this area should only be of a subsidiary nature in relation to the prosecution and defense (see paragraph 2 of Article 15 on this). Methods of collecting evidence that participants in the process included in this group can use are investigative actions and other procedural actions. Other procedural actions include: the sending by the investigator, the inquiry officer and the inquiry body of demands, instructions and requests, which are mandatory for execution by all institutions, enterprises, organizations, officials and citizens (Part 4 of Article 21). Unlike investigative actions, these methods are not fully provided with the possibility enforcement. Monetary recovery, which can be imposed for failure to fulfill procedural duties, is provided only for participants in criminal proceedings (Article 117) and does not apply to other persons who do not comply with the above-mentioned requirements of orders and requests. Although the court is not named in Art. 21 among those who can send requests, demands and instructions, such a right is provided for in other articles of the Code of Criminal Procedure. So, for example, according to Part 7 of Art. 115 heads of banks and other credit institutions when seizing money and other valuables belonging to a suspect or accused, they are required to provide information about these cash and other valuables at the request of the court. The interpretation of the law must take into account that the legislator proceeds from the principle of completeness judiciary. So, according to Art. 6 FKZ "O" judicial system Russian Federation" entered into legal force resolutions federal courts, magistrates and courts of the constituent entities of the Russian Federation, as well as their legal orders, demands, instructions, summonses and other appeals are mandatory for all public authorities, local governments, public associations, officials, other individuals and legal entities and are subject to strict execution throughout the Russian Federation. The conclusion follows from this - by analogy with Part 4 of Art. 21 of the Code of Criminal Procedure of the Russian Federation, the court can also make requests to provide it with necessary information, mandatory for execution by all institutions, enterprises, organizations, officials and citizens.

Police officers have the right to question company employees. I’ll immediately clarify one point: the law does not indicate that citizens are obliged to give explanations to representatives of law enforcement agencies. There is also no liability for refusal to provide explanations. There are only sanctions for refusing to testify during interrogation during a criminal investigation or consideration of cases of an administrative offense. But in our case this has nothing to do with verification. Essentially, you can simply refuse to give any explanation and not give a reason

Moreover, in this case, you don’t even have to refer to Article 51 of the Constitution of the Russian Federation, according to which no one is obliged to testify against themselves, their spouse and close relatives. The police do not have the right to issue you a summons and summon you to give an explanation. If you fail to appear when called, you cannot be held accountable, since the law does not provide for it.

Thus, the right of law enforcement officials can only be exercised in case of mutual agreement. What do we have in practice? Police officers, taking advantage of citizens’ ignorance of their rights, often paralyze the work of enterprises with their demands that all employees of the organization appear and give explanations, and even several times. Of course, if there are no grounds for confrontation with the police, you can appear and answer all their questions. But it is worth remembering that you are not at all obligated to reschedule all your business and come upon request. It is quite enough to politely inform that you are not in a position to give an explanation now, but you can, for example, come in a week at such and such a time.

If you are already at the police station or the police officers who have come to the office demand testimony from you right away, refuse (in such a situation it is advisable to refer to the mentioned Article 51 of the Constitution, especially if you do not have a very clear idea of ​​what exactly the police are going to do - conduct an interview or interrogation). It is always better to remain silent if you are in doubt about how to answer questions correctly. Then, after consulting with management or a lawyer, you can express your desire to testify, and the police will be required to interview you again. The first step is to find an experienced lawyer. If he is really good, he will immediately explain that there are no “friendly conversations” with law enforcement officers: if the police want to talk to you, this is an interrogation or questioning. It is categorically not recommended to go to it without a lawyer. But now I want to give advice not on finding a lawyer, but on how to psychologically prepare yourself to cope with such a very difficult test as interrogation.

You need to clearly understand that there are no and cannot be friends, like-minded people or sympathizers in institutions where they may be invited for interrogation. The investigator and the accused have fundamentally different goals. The first one's task is to solve the crime and improve reporting indicators. The second task is to at least not worsen your situation and not harm yourself. Therefore, no matter how the investigator behaves, do not think that he wants to help you. Attention! Politeness and show of interest are only tools to get your interlocutor talking and get the missing information. If the investigator knew everything and had evidence, he would not communicate with you. You shouldn’t trust him, much less agree to cooperate.

And the point is not that all investigators are bad people. On the contrary, maybe they are very good and kind. But their job is to extract information from people and put them in jail. You have different goals and objectives. The correct psychological attitude during interrogation is the key to your success. You should not philosophize, engage in polemics, or demonstrate your oratorical abilities. I repeat that the investigator’s task is to get you to talk. Don't help him! All questions must be answered as briefly and to the point as possible. It is advisable to limit yourself to the words “yes” or “no”. The more a person speaks during interrogation, the easier it is for him to get confused, to be caught in inconsistencies, and the easier it is for the investigator to cling to something. The person is confused, he becomes more vulnerable, he can be manipulated and driven into a corner. The investigator is a professional. Be professional too. If the question requires description, be as succinct as possible. Every word must be carefully considered. Remember that you are not limited in time (there is no minimum interrogation time, the maximum is 8 hours). Set yourself up for a slow pace: there is no rush. Answer even the simplest questions slowly, use pauses. Accustom the investigator to this pace of conversation.

If he starts urging you on, honestly admit that you are a little worried and uneasy, and your trembling hands (if they really tremble) are a sign of anxiety, because you are in an unusual environment. It is completely natural to feel discomfort in such a situation. During the interrogation, the investigator is required to keep a protocol. Your lawyer will oversee this, but you also have the right to keep your own notes, including recording the investigator's questions. Don't miss this opportunity! Have a notepad and pen with you. This will give you time to think about the questions and answers and reduce anxiety. Let the investigator be nervous, not you. Also, don't forget to bring drinking water and headache tablets with you. Use them as needed. 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 the interrogation will probably be used against you in court... if it does come to court.

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. During the interrogation, the investigator will definitely use psychological influence techniques. Its task is to disarm a person, throw him out of mental balance, raise doubts about the correctness of the chosen position, in other words, drive you into a state that in psychology is designated by the term “frustration.” To do this, he will change the tone, pace and direction of the conversation. A technique that every professional investigator uses is to give a person an exaggerated impression of the evidence the police officer has. The goal is to make you believe that he knows everything. Don’t guess anything for the investigator. Let him first say what he knows, provide evidence, and then you can react. Don't make his life easier by complicating yours. Separately, we should dwell on the differences in the behavior of a guilty and innocent person. An innocent person, as a rule, responds to a direct accusation with a violent negative reaction. The culprit takes a wait-and-see attitude. The innocent person constantly refers to specific charges and refutes them with factual arguments. The perpetrator moves away from specific points and avoids returning to the main accusation.

The innocent person is active in his defense. The guilty person is passive: he knows to what extent the arguments against him are true and behaves accordingly. The innocent person is acutely aware of the prospect of shame and condemnation from colleagues, relatives and friends. The guilty person is only interested in possible punishment. It doesn't matter whether you are guilty or not. Act like someone who is innocent. The investigator’s behavior is aimed at frustrating, undermining your defenses, and finding flaws in your chosen line of behavior. His job is to get you to help him achieve his goals. If the investigator suddenly starts raising his voice or intimidating you, take this as a good sign. Most likely, this means that the prosecution has reached a dead end, and the investigator is screaming, nervous or angry from the realization of his own powerlessness. So, in the event of any aggression on the part of the investigator, mentally praise yourself, shut up and wait until he apologizes to you. Under no circumstances should you show your joy that the investigator is out of balance. Your jubilation may cause him to have a new outbreak of aggression. If there is no apology, and the pressure and insults continue, feel free to ask for another investigator. It is better, of course, to do this through your lawyer, who will file a complaint with the head of the investigative unit or the prosecutor's office.

During interrogation, investigators resort to standard techniques. Here's what you should be prepared for: at the beginning of the conversation, the investigator will try to establish psychological contact with the suspect and create an atmosphere of trust; conversations on neutral topics are possible; evidence is presented in order of increasing importance - the most convincing is saved for later; the surprise factor is used; hostile statements (or provoking the suspect to make them) towards participants in the events who were not present at the interrogation cannot be ruled out; creates an exaggerated impression of police awareness; moral arguments are made and the suspect's conscience is emphasized. You need to communicate with the investigator in the same way as with any other official: politely, correctly, but in no case in an ingratiating or apologetic tone.

The investigator does his job, and you do yours. No matter what questions the investigator asks, no matter how he incinerates you with his gaze or, conversely, no matter how feignedly nice and accommodating he is to you, try to remain calm and cool, and do not panic. Remember: panic and sanity are incompatible. And clarity of consciousness and understanding of what is happening in a conversation with the investigator is extremely necessary for you. Any test requires concentration, and interrogation is a serious exam for any person. You need to be prepared for it not only legally, but also psychologically. An interrogation is both a fight between two people on the legal field and a struggle between two characters, in which all the actions of the investigator are aimed at suppressing the psyche of the accused.

A. Selyutin