For the average layman, the picturesque images of conversations with investigators are associated more with scenes from movies than with reality. But, as practice shows, any person may encounter such situations, even for reasons beyond his control. And despite the external friendliness of the interrogator, his role for both the witness and the victim in the process may not be so positive. Therefore, everyone should know at least in general terms how to behave during interrogation by an investigator so as not to complicate their fate. There are a number of rules that, within the framework of the law, will minimize risks for themselves, but at the same time and if possible help to clarify the truth about the case under investigation.
Interrogation Preparation
A summons informs about the upcoming interrogation, which must be carefully examined, determining your status as a participant in the case. Even before being sent for interrogation, a lawyer should be hired to provide protection. It was he who would initially have to contact the operations department or the investigator directly to find out the essence of the matter and the issues on which his ward was called. Such information is provided only to the attorneys of the participants in the case, however, there are times when they are also refused. In any case, going to the interrogation without any idea of the reasons for the call is highly undesirable. How to be? How to behave during interrogation by an investigator if the lawyer was unable to obtain preliminary information in advance? In this case, it is necessary to ask for a break even at the beginning of the conversation with the investigator, when at least approximate circumstances become clear. A short period of time will allow you to talk with your defender already in the context of the available information and draw up an approximate tactics of behavior.
Do I need to testify against myself?
To draw up the base of the criminal case, the investigator needs to find out as much information as possible, which will allow to form a material framework. Moreover, an experienced investigator will seek to obtain the information he needs in any of the available ways. And here it is important to mention article 51 of the constitution, on which the witness’s rights are based on questioning by the investigator not to testify against himself and his relatives. That is, the refusal should be not just at will or in the form of attempts to get away from the answer, but with direct emphasis on this article. But even in this case, the tricks of the investigator may be used. For example, he can be reassured by the words that his questions are not directly related to the case or do not concern relatives. Therefore, as it may seem, they are not covered by the 51st article. And this is really an unpleasant situation, competently getting out of which the tactics previously compiled with the lawyer helps. Since even in the process of interrogation it is difficult for an inexperienced person to determine where the interests of himself and his relatives are, and where the investigator is really trying to find out neutral information.
How and what to say during interrogation by an investigator?
There are several universal rules that you should adhere to, regardless of the position agreed upon with the lawyer. Especially they need to be used by those who, for one reason or another, could not take care of their defense in advance or did not trust a state attorney. First of all, you need to tell as little as possible, and the information should be unambiguous.This is important for the interrogated, as he himself will clearly understand what kind of picture is being built. The question of how to behave during the interrogation of the investigator is important, so that a feeling of sincerity and believability is created. After all, if the investigator realizes that part of the information is hidden, then the further course of the interrogation will be even more tricky with the aim of extracting the hidden information.
There are no optimal recipes for portraying credibility, since during the interrogation the psychological state of people is already distorted. But in any case, it is precisely the truthful information that should be given - in extreme cases, with elements of default in accordance with article 51. And what certainly should be avoided is lengthy reasoning. In the future, their essence can be turned by different parties, about which the same witness may not even suspect. In the question of how to respond to an interrogator’s interrogation, the emotional aspect is also important. Attempts to pressure, albeit hidden, is one of the most common tools of investigators, which often provides the expected result. This is worth talking about separately.
Pressure Counteraction
Pressure can be physical and psychological. Methods of the first type are more often used by field investigators, and investigators act thinner by applying psychological pressure. If the investigator also resorted to physical methods of influence, the widest possible circle of people should be informed about this, the first of which should be lawyers and relatives. Directly in the course of such pressure, one can imitate loss of consciousness, complain of malaise, etc. At the first meeting with a lawyer, it is necessary to agree on an examination that will record signs of beatings. Other pressure facts should be documented. But these are the most radical interrogation methods that are rarely used in widespread practice. As for the psychological impact, in this case the situation is much simpler. It’s best to demonstrate knowledge of your rights and clarity of position from the very beginning. That is, take the initiative to establish the tone of the conversation in their own hands. For example, if the accused is being interrogated, then from the first words it is necessary to refuse to testify until evidence of guilt is presented. There is another trick that will help bring down the investigator’s possible desire for psychological pressure. This is the composition of the so-called fairy tale, that is, a version that does not contradict the facts that are currently open and can well be confirmed. Such stories slightly dull the vigilance of investigators and often discourage the receipt of additional information.
How to respond to investigator provocations?
As witnesses with lawyers, the investigator initially forms his own tactics of behavior, which will be most effective in the case of a particular person. However, some tricks can be provocative and misleading. Therefore, all warnings that the investigator may intimidate in the event of failure to cooperate should be questioned. On the contrary, it can be soft and friendly proposals with the promise of release in the case of the accused. How to behave during interrogation by the investigator in such cases? It is enough to use a simple rule: to be indifferent to different offers, not showing their interest, but not to reject them. The main thing is not to make any decisions during the interrogation, much less to sign blank protocol forms. Only after discussion with a lawyer can one or another decision be made. Most often, in this way, investigators seek self-incrimination and testimony of the accused against themselves.
Call recording
In the use of different tricks and the same provocations, many investigators cross the border.Fixing the facts of threats, hints of a bribe and various attempts to “recruit” in the future can provide good help in court. In this case, a regular voice recorder that records the conversation on an audio file will help. A typical use of such records is to reinforce complaints of pressure or illegal interrogation techniques. But here it is necessary to take into account another aspect - the mandatory signature of a document on non-disclosure of materials of the preliminary investigation. If the witness was interrogated, then there may not be any consequences for violation or refusal to sign the document. However, in the case of lawyers, the situation is different - violation of the conditions of the subscription threatens the loss of legal status.
Features of behavior as a witness
It is important for a witness to remember responsibility for what has been said. All information that is given in this status must be true. If you are not sure of any facts, then it’s better not to talk about it at all or to emphasize incomplete awareness in this matter. Typically, the interrogation of a witness does not imply a threat to himself, but other innocent people may suffer from the information received. Therefore, it is very important to evaluate how even the smallest detail corresponds to reality.
How to behave as an accused or suspect?
Unlike a witness, a suspect or accused cannot be held criminally liable for false information. In this status, professional protection by a lawyer and careful elaboration of a strategy of behavior during interrogation are especially important. Questions should be answered carefully - even simple and obvious. It is the interrogation of the accused to a greater degree associated with attempts to induce self-incrimination. Therefore, after each question, pause for thought. And also do not forget about the 51st article, which eliminates the need to testify against yourself.
Features of interrogation of a minor
In terms of behavior, interrogation of a minor is no different from adults. You should also adhere to truthful testimonies, do not trust the investigator's suggestions and speak as concisely as possible. The differences are in the organizational part. Witnesses and victims under the age of 14 are accompanied by educators during interrogation. For adolescents from 14 to 18 years old, the involvement of teachers can be appointed by court order.
What is more important, minors are not given a warning about the punishment for giving false testimonies, they do not give a subscription about this and are not responsible for the information provided. But this does not mean that the interrogation of a minor should be based on giving false information. Initially, both the witness and the teacher should also explain to the adolescent just how true the testimony is for the case. If the minor has physical or mental disabilities, then by decision of the court his representative may be present in the conversation in addition to the teacher.
How is the victim interrogated?
By and large, the conversation of the investigator with the victim resembles an interrogation involving a witness. Pressure may also be exerted on the victim, with attempts to provoke and discredit him. Therefore, you should strictly adhere to the intended tactics and not give in to dubious offers. It is important to remember that the interrogation of the victim is somewhat basic, from which the case file will come. In addition, there are frequent cases when victims have certain links with witnesses. This is a significant factor in the sense that any departure from the strategy chosen and agreed upon with lawyers can contribute to the collapse of the case.
Conclusion
For good reason, investigators cause more negative associations in people who, one way or another, had similar experience of cooperation. But, on the other hand, it is important to remember the quite logical function of the investigation - to obtain information for a deeper and more objective investigation.Ideally, this should be precisely what the behavior during the interrogation of the accused, victims, and witnesses by the investigator should work. Regardless of the procedural status, it is advisable to honestly provide the available information. Another thing is that, due to various circumstances, the application of tactics of limited interaction with the investigation will be justified.