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So, a criminal case has been opened against you, and the materials have already been sent to the preliminary investigation body. How to respond to invitations and agendas?
If a criminal case has not yet been initiated and the police officers invite you, then failure to appear by invitation cannot entail any liability. The call should be coordinated with you and take place at a convenient time for you. The invitation is not binding.
The summons can be sent to you only if there is already an initiated criminal case. Accordingly, it should be indicated as whom you are invited.
Failure to appear on a summons without a valid excuse may lead to the fact that you will be brought in for questioning by a drive and, if you are a suspect or an accused, may be arrested. Therefore, in any case, do not ignore the summons if a criminal case has been opened against you, and you are still at large.
What is a good reason for not showing up?
Only the following reasons are valid:
1. an illness that makes it impossible for you to appear, certified by a doctor working in a medical institution. In this case, you must have a certificate of illness (sick leave) in your hands;
2. you receive a summons with a call for the past time;
3. natural disaster;
4. a break in traffic;
5. illness of a member of your family (if there is no one to entrust him with caring for him).
Being busy or leaving after you receive a Summons are not valid reasons.
The summons must indicate:
1. who is being summoned,
2. who is being summoned to (indicating the position and surname of the official);
3. day and hour of attendance;
4. in the capacity of whom you are called (witness, suspect, accused, victim).
Before you go
1. first find out everything incomprehensible (who you are being called in, whether a criminal case has been opened, etc.) by phone;
2. It is best for a minor to go to the investigator with his parents. In most cases, the investigator will not deny them the opportunity to be present during the interrogation;
3. if you cannot appear for a good reason, be sure to call the person who calls you and warn that you cannot appear;
4. If you are going to go for interrogation to the police station, to the prosecutor's office, in any case, invite someone with you.
If these are not your legal representatives, of course, they will not be allowed to be interrogated, but their presence will still not be superfluous: if illegal methods of interrogation are used against you, they will be able to confirm this.
Telephone message
Calling rules are the same as for the agenda.
The phone rings in the apartment, and you are told that you need to report to the police immediately. What to do?
1. find out exactly who is calling, his rank and position;
2. Find out if a criminal case has been opened or not. If not, notify the caller that you will come at a convenient time for you;
3. Find out who you need to visit and who you are calling.
They came to your home
If the police officers did not show the order of the investigator or the court decision, on the basis of which they have the right to enter your house, you can not let them into the apartment. If you are a minor, then, under the law, a minor witness and the accused must be called, as a rule, through an adult. In the absence of the parents' home, it is best to postpone the trip to the police station until one of the adults arrives.
How to get acquainted with the materials of the case
When sufficient, in the opinion of the investigator, the evidence collected, you as the accused, as well as your defense counsel and legal representative shall be obliged to familiarize with all materials of the case:
• after you and your defender familiar with the case, the investigator must ask you are applying if you are on supplementing the materials of the investigation and with what exactly;
• if you found that certain actions were not carried out completely (for example, your network movements were not checked in the case of unauthorized access to information), submit a request for their implementation;
• if you file any motions in the case, the investigator will have to, if they are important for the case, make a decision on their satisfaction and carry out the appropriate work: interrogate someone, appoint an expert examination. Otherwise, he must draw up a reasoned decision to refuse to satisfy the applications;
• read the case completely, make extracts.
Features of law enforcement practice in relation to minors at the stage of preliminary investigation:
1. extremely long periods of detention (sometimes up to three years);
2. unreasonably wide and frequent use of arrest in the form of a preventive measure;
3. Arrested adolescents are often not released from custody after the case is brought to court;
4. the use of illegal methods of investigation, psychological and physical pressure, beatings;
5. unjustified refusal to the legal representative of the minor to familiarize himself with the case materials at the end of the preliminary investigation;
6. insufficient medical care.
What to do?
1. write petitions, complaints to the head of the investigative department, the department for work with personnel of the Ministry of Internal Affairs, the prosecutor about violations of the law; to challenge the investigator and ask the prosecutor to conduct an independent re-investigation; to submit complaints to the court about unlawful arrest and every extension of the period of detention;
2. to send complaints and petitions to the prosecutor about illegal methods of investigation and the use of torture, with a request to initiate a criminal case against persons who have violated the law. Complaints can be sent to the prosecutor's office at the place of investigation or at the location of the remand center or temporary detention center.
A police officer who violates the law against you may be brought to disciplinary and criminal liability. In particular, to the criminal one - under the following articles of the Criminal Code:
1. intentional harm to health 2. insult
3. abuse and abuse of office
4. knowingly bringing an innocent person to criminal responsibility
5. unlawful arrest, detention or detention
6.compelling testimony
If a criminal case has not yet been initiated and the police officers invite you, then failure to appear by invitation cannot entail any liability. The call should be coordinated with you and take place at a convenient time for you. The invitation is not binding.
The summons can be sent to you only if there is already an initiated criminal case. Accordingly, it should be indicated as whom you are invited.
Failure to appear on a summons without a valid excuse may lead to the fact that you will be brought in for questioning by a drive and, if you are a suspect or an accused, may be arrested. Therefore, in any case, do not ignore the summons if a criminal case has been opened against you, and you are still at large.
What is a good reason for not showing up?
Only the following reasons are valid:
1. an illness that makes it impossible for you to appear, certified by a doctor working in a medical institution. In this case, you must have a certificate of illness (sick leave) in your hands;
2. you receive a summons with a call for the past time;
3. natural disaster;
4. a break in traffic;
5. illness of a member of your family (if there is no one to entrust him with caring for him).
Being busy or leaving after you receive a Summons are not valid reasons.
The summons must indicate:
1. who is being summoned,
2. who is being summoned to (indicating the position and surname of the official);
3. day and hour of attendance;
4. in the capacity of whom you are called (witness, suspect, accused, victim).
Before you go
1. first find out everything incomprehensible (who you are being called in, whether a criminal case has been opened, etc.) by phone;
2. It is best for a minor to go to the investigator with his parents. In most cases, the investigator will not deny them the opportunity to be present during the interrogation;
3. if you cannot appear for a good reason, be sure to call the person who calls you and warn that you cannot appear;
4. If you are going to go for interrogation to the police station, to the prosecutor's office, in any case, invite someone with you.
If these are not your legal representatives, of course, they will not be allowed to be interrogated, but their presence will still not be superfluous: if illegal methods of interrogation are used against you, they will be able to confirm this.
Telephone message
Calling rules are the same as for the agenda.
The phone rings in the apartment, and you are told that you need to report to the police immediately. What to do?
1. find out exactly who is calling, his rank and position;
2. Find out if a criminal case has been opened or not. If not, notify the caller that you will come at a convenient time for you;
3. Find out who you need to visit and who you are calling.
They came to your home
If the police officers did not show the order of the investigator or the court decision, on the basis of which they have the right to enter your house, you can not let them into the apartment. If you are a minor, then, under the law, a minor witness and the accused must be called, as a rule, through an adult. In the absence of the parents' home, it is best to postpone the trip to the police station until one of the adults arrives.
How to get acquainted with the materials of the case
When sufficient, in the opinion of the investigator, the evidence collected, you as the accused, as well as your defense counsel and legal representative shall be obliged to familiarize with all materials of the case:
• after you and your defender familiar with the case, the investigator must ask you are applying if you are on supplementing the materials of the investigation and with what exactly;
• if you found that certain actions were not carried out completely (for example, your network movements were not checked in the case of unauthorized access to information), submit a request for their implementation;
• if you file any motions in the case, the investigator will have to, if they are important for the case, make a decision on their satisfaction and carry out the appropriate work: interrogate someone, appoint an expert examination. Otherwise, he must draw up a reasoned decision to refuse to satisfy the applications;
• read the case completely, make extracts.
Features of law enforcement practice in relation to minors at the stage of preliminary investigation:
1. extremely long periods of detention (sometimes up to three years);
2. unreasonably wide and frequent use of arrest in the form of a preventive measure;
3. Arrested adolescents are often not released from custody after the case is brought to court;
4. the use of illegal methods of investigation, psychological and physical pressure, beatings;
5. unjustified refusal to the legal representative of the minor to familiarize himself with the case materials at the end of the preliminary investigation;
6. insufficient medical care.
What to do?
1. write petitions, complaints to the head of the investigative department, the department for work with personnel of the Ministry of Internal Affairs, the prosecutor about violations of the law; to challenge the investigator and ask the prosecutor to conduct an independent re-investigation; to submit complaints to the court about unlawful arrest and every extension of the period of detention;
2. to send complaints and petitions to the prosecutor about illegal methods of investigation and the use of torture, with a request to initiate a criminal case against persons who have violated the law. Complaints can be sent to the prosecutor's office at the place of investigation or at the location of the remand center or temporary detention center.
A police officer who violates the law against you may be brought to disciplinary and criminal liability. In particular, to the criminal one - under the following articles of the Criminal Code:
1. intentional harm to health 2. insult
3. abuse and abuse of office
4. knowingly bringing an innocent person to criminal responsibility
5. unlawful arrest, detention or detention
6.compelling testimony
