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We all know our rights.
And if you are summoned to the police as a witness, accused or suspect, you are aware of what to do. There is Article 51 of the Constitution of the Russian Federation, there is a right to a lawyer.
But then the detective calls and asks you to come over.
He explains on the phone that you are not a suspect. In fact, you have no procedural status. He is just waiting for you. To talk. How should you feel about such an event? Should you be afraid? Or the results of such a conversation will never be accepted by the court as evidence in the case. After all, there is no case yet.
You need to know
That the result of such a meeting with the police can be:
1. a confession;
2. an explanation
as well as information that would be better kept to yourself.
A confession
is not testimony. This means that you will not be given a lawyer to write it.
You think that you will be able to later retract your words. For example, in court. And you write by hand what the criminal investigation officers demand. Because they threaten to take you into custody.
But when you leave the police station, you will no longer be able to deny what you wrote in the report.
The court considers a confession as an official document. And if it states that your rights and responsibilities were explained to you, then this is ironclad evidence in the case.
The court will not accept your objections that there was no lawyer present when you wrote it. Because one is not required when you confess.
The judge will not believe that you were forced to write it either.
The cunning operative prepared the report in advance, with an explanation of the norms of the Criminal Procedure Code of the Russian Federation. And you signed this explanation.
Pressure from a police officer is difficult to prove. Even the recorded injuries are not enough. You also need to confirm that you received them at the station, and not somewhere on the street.
Refusal of a lawyer
I said that no one will give you a lawyer. Especially not a free one. The key mistake is to show up at the threshold of the operative's office without your own defense attorney.
You need to have excellent nerves and fortitude to survive the pressure within the gloomy walls of the operative department.
Are you sure you can handle it on your own?
In that case, go alone. But if something goes wrong, it will be too late to call anyone.
Operatives have great powers of persuasion. And not everyone can resist them. The operative can take a confession from you or get information that he needs, but it is not advisable to reveal to you.
Of course, we are talking about cases when they see you as a future defendant. But can you determine when this line will be crossed in relation to you?
Explanation
This is an event that is carried out as part of a pre-investigation check.
But if you write it yourself and sign that your rights and obligations were explained to you, the court will accept this document as evidence in the case.
The court will not believe that you were pressured in any way, since you wrote everything with your own hands. Of course, if such an explanation strongly contradicts the evidence in the case and your alibi, the court can reject it.
But if the explanation indirectly agrees with other evidence in the case, the court will accept it and use it as the basis for the verdict.
There is much in common between this document and a confession. Courts accept both of these documents when all of the above conditions are met.
And detectives usually duplicate the explanation with a confession. And they put two documents in the case at once.
Mistakes during the first conversation can become critical.
They will set the vector for the investigator if he wants to make you the main defendant in the case.
For example, you can not give an explanation or a confession.
If they want to put you in jail for a day, they will do it anyway. So why make things easier for the police. The author of the publication is a lawyer, Mazurin D.V.
And if you are summoned to the police as a witness, accused or suspect, you are aware of what to do. There is Article 51 of the Constitution of the Russian Federation, there is a right to a lawyer.
But then the detective calls and asks you to come over.
He explains on the phone that you are not a suspect. In fact, you have no procedural status. He is just waiting for you. To talk. How should you feel about such an event? Should you be afraid? Or the results of such a conversation will never be accepted by the court as evidence in the case. After all, there is no case yet.
You need to know
That the result of such a meeting with the police can be:
1. a confession;
2. an explanation
as well as information that would be better kept to yourself.
A confession
is not testimony. This means that you will not be given a lawyer to write it.
You think that you will be able to later retract your words. For example, in court. And you write by hand what the criminal investigation officers demand. Because they threaten to take you into custody.
But when you leave the police station, you will no longer be able to deny what you wrote in the report.
The court considers a confession as an official document. And if it states that your rights and responsibilities were explained to you, then this is ironclad evidence in the case.
The court will not accept your objections that there was no lawyer present when you wrote it. Because one is not required when you confess.
The judge will not believe that you were forced to write it either.
The cunning operative prepared the report in advance, with an explanation of the norms of the Criminal Procedure Code of the Russian Federation. And you signed this explanation.
Pressure from a police officer is difficult to prove. Even the recorded injuries are not enough. You also need to confirm that you received them at the station, and not somewhere on the street.
Refusal of a lawyer
I said that no one will give you a lawyer. Especially not a free one. The key mistake is to show up at the threshold of the operative's office without your own defense attorney.
You need to have excellent nerves and fortitude to survive the pressure within the gloomy walls of the operative department.
Are you sure you can handle it on your own?
In that case, go alone. But if something goes wrong, it will be too late to call anyone.
Operatives have great powers of persuasion. And not everyone can resist them. The operative can take a confession from you or get information that he needs, but it is not advisable to reveal to you.
Of course, we are talking about cases when they see you as a future defendant. But can you determine when this line will be crossed in relation to you?
Explanation
This is an event that is carried out as part of a pre-investigation check.
But if you write it yourself and sign that your rights and obligations were explained to you, the court will accept this document as evidence in the case.
The court will not believe that you were pressured in any way, since you wrote everything with your own hands. Of course, if such an explanation strongly contradicts the evidence in the case and your alibi, the court can reject it.
But if the explanation indirectly agrees with other evidence in the case, the court will accept it and use it as the basis for the verdict.
There is much in common between this document and a confession. Courts accept both of these documents when all of the above conditions are met.
And detectives usually duplicate the explanation with a confession. And they put two documents in the case at once.
Mistakes during the first conversation can become critical.
They will set the vector for the investigator if he wants to make you the main defendant in the case.
For example, you can not give an explanation or a confession.
If they want to put you in jail for a day, they will do it anyway. So why make things easier for the police. The author of the publication is a lawyer, Mazurin D.V.