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It is impossible to prepare for the arrival of the authorities, especially if this is the first time. But you need to protect yourself as much as possible, for which you need to know your rights.
Law enforcement agencies play on the fact that entrepreneurs often do not bother with closing legal loopholes, especially if the business is growing quickly.
In this series of posts, we will tell you how to defend yourself during searches and interrogations, what tricks the operatives and investigators use and how to get around them. And also cover your rear as much as possible.
The main rule:
Provide yourself with a competent lawyer who will accompany you during a search or interrogation. The lawyer sobers up the operatives and the investigator, tells you what to say and where not to say. Try to have him not far from the office or, in extreme cases, arrive as quickly as possible. This is especially important during interrogation - do not go to it alone, this can cost you your freedom.
In this post, we will touch on operational search activities, seizures and searches. Many people get these concepts confused in their heads.
Operational investigative measures (OIM) are divided into two types: overt and covert. Overt: interrogations and seizures. Covert: surveillance and wiretapping.
Signs: sudden deterioration of communication and if the system administrator has detected a spy program. Other examples of covert OIM: sudden repair of equipment from the manufacturer (they can install bugs), attempts to film employees at the entrance to the office, persistent offers from a counterparty to buy something cheaper for cash (direct provocation).
Seizure is the withdrawal of documents that may be important for a criminal case, when it is known for sure that they exist. In principle, a routine and formal event. Like a search, it is carried out without warning. First, a report is submitted by an employee of the Economic Security and Anti-Corruption Department to his superior that at such and such an address there is information about an economic crime being prepared, committed, or committed.
Then the superior gives an order, and the employees go to the scene. Please note that the seizure order is signed by the investigator, while the search order is signed in court.
Employees have the right to: inspect the entire territory, look at all documents, inspect vehicles and office equipment. But all this applies to what is open. If they break something or look for cavities, reflect this in the protocol, because such actions are only possible during a search and within the framework of the criminal case.
UEBiPK employees do not have the right to: break into closed rooms, confiscate safes, prohibit work, prohibit communication, gather employees in one room, take away mobile phones, interrogate. They can interrogate, but you are not obliged to agree to the interrogation.
A copy of the seizure report must be left with you. All seized items and documents must be sealed and signed. You have the right to refuse to communicate with the UEBiPK officers, as this is a pre-investigation check, not a search.
The algorithm of behavior when UEBiPK officers appear:
1. Make sure that you are dealing with real officers by checking their documents and calling
their office;
2. Carefully read the order;
3. Call a lawyer;
4. Send the officers home - you have the right to do so;
5. Take the guests to a separate room so that nothing falls from them by accident, and give them the requested documents;
6. State all your comments and complaints in the report;
7. Keep a copy of the report for yourself. A
Search is an investigative action consisting of examining premises, terrain, and individual citizens in order to find and seize objects that are important for the investigation of a criminal case. A search is only possible within the framework of a criminal case. And any criminal case is preceded by a pre-investigation check. It may involve questioning or seizure of documents (if it is a tax audit).
First, take care of a good lever lock. It will take longer to break.
According to the law, a search can only be conducted from 6 am to 11 pm. If they come earlier or later, record the violation in the protocol. They usually come at 6 am and carry out the event until lunch. Here you need to understand that they come only when there is an evidence base and an initiated criminal case. They have no right to come without a court order. Therefore, ask through the peephole or camera to show the order.
If they do not want to give the order, ask the full name and rank of the most senior, as well as what department he is from. After that, say that you will call the department and ask whether these employees really came. If they do not want to show their ID, call 102.
Call a lawyer and in the presence of witnesses ask not to start the search without him. But here it depends on luck. Usually they wait for a maximum of half an hour. Turn off all gadgets. By the way, you have the right to break them. And under no circumstances throw anything out the window.
When they come in, read the resolution carefully. It should indicate the address. If they ask if you would like to hand over something yourself, politely refuse. Most often, there is only a search warrant, not a personal search warrant. No warrants are issued for strangers, so you can hand over your gadgets through the balcony to your neighbors. Remember this.
Try to maintain relationships with your neighbors, no matter if they are at home or in the office. Most likely, you will need to change the witnesses, since the witnesses brought in are most likely cadets and acquaintances of the investigator. If there is suspicion of their transparency, record this in the protocol. If it turns out that the operative and the witnesses are acquainted, the lawyer will break the case, and the search will no longer have weight in court. All those who came must be listed in the search warrant.
Recording comments in the protocol is your Tool. Walk around and write everything down in a notebook so that not a single comment of yours goes unnoticed. You can set up cameras in all corners of the room in advance, but this is more for an office.
In the presence of witnesses, ask to record an oral request that all participants be in one room and that no one go anywhere without the witnesses and you. The task is to make sure that no one drops anything from their sleeve or pocket. If something does fall out, ask the witnesses to attach to the case a request for a fingerprint examination and an examination of microparticles on the dropped item and in the pocket of the person from whom it fell. Then in the protocol.
Make sure that no one wanders off. If you submitted an oral request, but it was ignored, reflect this in the protocol. When valuables are confiscated, pay special attention to how they are described. It is necessary to take into account all the individual characteristics of the item: number, brand, sample, scratches, etc., so that the employees do not issue the wrong item later.
The chance to keep the thing and not give it to the detectives increases if you put it in your pocket. Or your friend will take it for himself. The investigator has no right to turn on the switched off equipment and examine it, as well as force you to do it. Equipment is examined only by forensic experts. Receipts here work against you, this is a fact of purchase, so it is better to destroy them.
After you have examined one side, go to other rooms. Close the examined rooms behind you and record the request not to enter them without witnesses.
If the detectives refuse to include your comments in the protocol, enter them in your own handwriting. The protocol is a very important moment, on which your freedom probably depends. If after the search they find something forgotten by the detectives, without touching it, call a lawyer and file a complaint.
Interrogation is the most difficult and dangerous event. It is impossible to prepare mentally. But it is possible legally. If there is no lawyer, the investigator sets the tone of the conversation and he tries to present the facts in a favorable light. And usually he needs a group of people by prior agreement.
Here are some working tips:
Almost always first, you are called as a witness. The investigator calls and says on what issue, in what capacity and the number of the criminal case, as well as in what department and region it was initiated.
This must be written down immediately. It is easy for the investigator to first call you as a witness, and then reclassify you as a suspect or accused (they do not do this right away, there must be an evidence base). According to the law, you can be interrogated for 8 hours with a break of 1 hour every 4 hours.
So before the event, you need to get enough sleep and go to the toilet. Under no circumstances should you drink or use substances - you will not be able to assess the situation normally.
A summons for interrogation can be:
1. A telephone message. Messengers also count. If you refuse an invitation, the investigator will enter this into the protocol. This is bad, do not spoil the relationship ahead of time;
2. By registered notification to your residential address (not necessarily your registration address). If you do not show up twice when invited, this may be regarded as evasion, they may put you on the wanted list and issue a summons (but this is not easy to do and a certain interest is needed). This is when the PPS arrive and take you away under escort.
Find out whether this is a survey or an interrogation.
Unlike an interrogation, you do not have to go to a survey. Warn your relatives and friends where and to whom you are going, give the investigator's full name and number, as well as the address. Say that if you do not get in touch in 4 hours, you need to call and ask if everything is okay.
Do not take your phone to the interrogation - only your passport. It is better to go by public transport. If you do go by car, park it far away and leave your phone and house keys in it.
And hide the car keys well on you so that they are difficult to find. The interrogation of a witness can easily develop into the interrogation of a suspect with all the ensuing searches of the car, body, apartment, etc.
After that, you can go to the interrogation. But! Always go to interrogations with a lawyer!
If you are already sitting at the interrogation without a lawyer, ask the investigator to call him, stating his full name, number in the registry and phone number. If he is unable to come, petition to postpone the interrogation. And under no circumstances agree to a state lawyer.
For the investigator and the lawyer, the interrogation is a routine event , they treat it impartially, but you do not, because you are under psychological pressure, which prevents you from thinking soberly. Besides, the lawyer knows more than you, and the investigator will not allow himself to use tricks that he allows himself without a defense attorney. Well, they listen to the lawyer's comments, because they know that they can bombard him with complaints.
An experienced investigator pays attention to appearance and can ask how much a suit costs. This is a provocation. Give as little information about yourself as possible.
When you go to interrogation:
- take off jewelry, watches, etc.
- dress simply, but not in rags.
- communicate in a simple manner, no slang. You can understand a lot by the way a person speaks.
The investigator also looks at the lawyer, how he is dressed and how he behaves. If you came with a young lawyer, he can start feeling out whether he knows the law. They also pay attention to how the witness and the lawyer communicate. If they see that they are arguing, they will drive a wedge and ensure that the person later comes without a defense attorney.
If the interrogation is to be recorded, you must be notified of this. Even if you came without a lawyer, keep your own notes of the question-answer type, reflecting the comments. They may not give you a protocol, but keeping notes is not prohibited. Do not rely on your memory - you will not be able to remember 8 hours of interrogation. The investigator will deliberately exhaust you.
Today about interrogations. We will give some practical advice.
How to answer leading questions?
These are questions that already contain the answer. "Did you rob him?" is wrong. It should be "Who robbed him?" According to part 2 of Article 189 of the Criminal Procedure Code of the Russian Federation "General rules for conducting interrogations", leading questions are prohibited because the investigator uses them to push you toward the version he needs.
To avoid getting caught, be sure to keep notes of the "question-answer" type. This is not prohibited for a witness. Since the investigator can then turn a leading question into an ordinary one in the report. If you notice this after comparing the notes, complain to the prosecutor's office and file a petition to change the investigator.
If you do not keep notes, there are two options for answering such a question:
1. Report in the report a violation of Article 189 of the Criminal Procedure Code and refuse to answer the question. Check that the investigator wrote this down;
2. To cheat: answer, but then reflect the violation in the protocol.
If you do not have a lawyer, most likely, the investigator will not be punished for leading questions. They will believe him more than you without a lawyer. Witnesses are prohibited from making audio and video recordings, and if the investigator finds out about this, he will confiscate the recording device, but in order to be protected from such questions, before the interrogation you can write a petition for audio and video recording of the interrogation.
Let's list the most dangerous tricks of the investigator:
- "You understand that they do not invite you to interrogation just like that?" - with this phrase, the investigator makes it clear that he doubts your status as a witness. Do not be afraid of anything and ask for a break to call a lawyer. The investigator expects you to be scared.
- "You understand that we know everything, right?" - this is how the investigator allegedly gives you a chance to explain something else that they do not yet know, but in general the situation is clear. This is done in order to cause psychological discomfort in you.
- "Your accomplice has already confessed to everything" - hints that you are not a witness, but a suspect. This is how he motivates you to cooperate with the investigation. This is most likely a canard, but you can’t verify it. If the lawyer is convinced of the veracity of the investigator’s words, then an appropriate line of defense will be developed.
- "You know that refusing to testify is automatically an admission of your guilt?" - a rude technique, used if you are alone, will never be included in the protocol. The investigator threatens 308 of the Criminal Code of the Russian Federation "Refusal of a witness to testify" - but this article only provides for a fine. Admitting guilt is not the same as refusing to testify, this is a substitution of concepts. The Criminal Code of the Russian Federation does not provide for such a case, especially since there is Article 51.
– “You understand, don’t you, that you either confess now or I’ll arrest you?” – psychological pressure. Don’t forget that the measure of restraint is chosen by the prosecutor’s office and the court, not the investigator. Without charges, you can only be detained for two days.
– “You understand, don’t you, that if you confess now, the most you can get is a suspended sentence?” – don’t believe the investigator’s promises! Such decisions are made by the court, the investigator cannot guarantee anything! You should never incriminate yourself by believing something like that!
The investigator needs the interrogation to obtain the desired result. He alternately tries on the roles of suspect, accused and witness for the person being interrogated. The main rule is to never believe the investigator. He is interested in identifying as many people as possible involved in the crime.
Finally, let’s talk about Article 51 of the Constitution of the Russian Federation, which states that no one is obliged to testify against themselves, their spouse or close relatives. It works, but you shouldn’t mention it from the beginning of the interrogation. This way you will lose the opportunity to find out the details: what the investigation needs, where it is heading, what is your status.
You should only answer Article 51 to questions you are not sure about, that is, selectively. A good lawyer will tell you this with a sign - he will pinch or kick you under the table. By the way, a competent defense attorney will always try to sit next to you.
Continued later.
Law enforcement agencies play on the fact that entrepreneurs often do not bother with closing legal loopholes, especially if the business is growing quickly.
In this series of posts, we will tell you how to defend yourself during searches and interrogations, what tricks the operatives and investigators use and how to get around them. And also cover your rear as much as possible.
The main rule:
Provide yourself with a competent lawyer who will accompany you during a search or interrogation. The lawyer sobers up the operatives and the investigator, tells you what to say and where not to say. Try to have him not far from the office or, in extreme cases, arrive as quickly as possible. This is especially important during interrogation - do not go to it alone, this can cost you your freedom.
In this post, we will touch on operational search activities, seizures and searches. Many people get these concepts confused in their heads.Operational investigative measures (OIM) are divided into two types: overt and covert. Overt: interrogations and seizures. Covert: surveillance and wiretapping.
Signs: sudden deterioration of communication and if the system administrator has detected a spy program. Other examples of covert OIM: sudden repair of equipment from the manufacturer (they can install bugs), attempts to film employees at the entrance to the office, persistent offers from a counterparty to buy something cheaper for cash (direct provocation).
Seizure is the withdrawal of documents that may be important for a criminal case, when it is known for sure that they exist. In principle, a routine and formal event. Like a search, it is carried out without warning. First, a report is submitted by an employee of the Economic Security and Anti-Corruption Department to his superior that at such and such an address there is information about an economic crime being prepared, committed, or committed.Then the superior gives an order, and the employees go to the scene. Please note that the seizure order is signed by the investigator, while the search order is signed in court.
Employees have the right to: inspect the entire territory, look at all documents, inspect vehicles and office equipment. But all this applies to what is open. If they break something or look for cavities, reflect this in the protocol, because such actions are only possible during a search and within the framework of the criminal case.
UEBiPK employees do not have the right to: break into closed rooms, confiscate safes, prohibit work, prohibit communication, gather employees in one room, take away mobile phones, interrogate. They can interrogate, but you are not obliged to agree to the interrogation.
A copy of the seizure report must be left with you. All seized items and documents must be sealed and signed. You have the right to refuse to communicate with the UEBiPK officers, as this is a pre-investigation check, not a search.
The algorithm of behavior when UEBiPK officers appear:1. Make sure that you are dealing with real officers by checking their documents and calling
their office;
2. Carefully read the order;
3. Call a lawyer;
4. Send the officers home - you have the right to do so;
5. Take the guests to a separate room so that nothing falls from them by accident, and give them the requested documents;
6. State all your comments and complaints in the report;
7. Keep a copy of the report for yourself. A
Search is an investigative action consisting of examining premises, terrain, and individual citizens in order to find and seize objects that are important for the investigation of a criminal case. A search is only possible within the framework of a criminal case. And any criminal case is preceded by a pre-investigation check. It may involve questioning or seizure of documents (if it is a tax audit). First, take care of a good lever lock. It will take longer to break.According to the law, a search can only be conducted from 6 am to 11 pm. If they come earlier or later, record the violation in the protocol. They usually come at 6 am and carry out the event until lunch. Here you need to understand that they come only when there is an evidence base and an initiated criminal case. They have no right to come without a court order. Therefore, ask through the peephole or camera to show the order.
If they do not want to give the order, ask the full name and rank of the most senior, as well as what department he is from. After that, say that you will call the department and ask whether these employees really came. If they do not want to show their ID, call 102. Call a lawyer and in the presence of witnesses ask not to start the search without him. But here it depends on luck. Usually they wait for a maximum of half an hour. Turn off all gadgets. By the way, you have the right to break them. And under no circumstances throw anything out the window. When they come in, read the resolution carefully. It should indicate the address. If they ask if you would like to hand over something yourself, politely refuse. Most often, there is only a search warrant, not a personal search warrant. No warrants are issued for strangers, so you can hand over your gadgets through the balcony to your neighbors. Remember this. Try to maintain relationships with your neighbors, no matter if they are at home or in the office. Most likely, you will need to change the witnesses, since the witnesses brought in are most likely cadets and acquaintances of the investigator. If there is suspicion of their transparency, record this in the protocol. If it turns out that the operative and the witnesses are acquainted, the lawyer will break the case, and the search will no longer have weight in court. All those who came must be listed in the search warrant. Recording comments in the protocol is your Tool. Walk around and write everything down in a notebook so that not a single comment of yours goes unnoticed. You can set up cameras in all corners of the room in advance, but this is more for an office. In the presence of witnesses, ask to record an oral request that all participants be in one room and that no one go anywhere without the witnesses and you. The task is to make sure that no one drops anything from their sleeve or pocket. If something does fall out, ask the witnesses to attach to the case a request for a fingerprint examination and an examination of microparticles on the dropped item and in the pocket of the person from whom it fell. Then in the protocol. Make sure that no one wanders off. If you submitted an oral request, but it was ignored, reflect this in the protocol. When valuables are confiscated, pay special attention to how they are described. It is necessary to take into account all the individual characteristics of the item: number, brand, sample, scratches, etc., so that the employees do not issue the wrong item later. The chance to keep the thing and not give it to the detectives increases if you put it in your pocket. Or your friend will take it for himself. The investigator has no right to turn on the switched off equipment and examine it, as well as force you to do it. Equipment is examined only by forensic experts. Receipts here work against you, this is a fact of purchase, so it is better to destroy them. After you have examined one side, go to other rooms. Close the examined rooms behind you and record the request not to enter them without witnesses. If the detectives refuse to include your comments in the protocol, enter them in your own handwriting. The protocol is a very important moment, on which your freedom probably depends. If after the search they find something forgotten by the detectives, without touching it, call a lawyer and file a complaint.Interrogation is the most difficult and dangerous event. It is impossible to prepare mentally. But it is possible legally. If there is no lawyer, the investigator sets the tone of the conversation and he tries to present the facts in a favorable light. And usually he needs a group of people by prior agreement.
Here are some working tips:
Almost always first, you are called as a witness. The investigator calls and says on what issue, in what capacity and the number of the criminal case, as well as in what department and region it was initiated. This must be written down immediately. It is easy for the investigator to first call you as a witness, and then reclassify you as a suspect or accused (they do not do this right away, there must be an evidence base). According to the law, you can be interrogated for 8 hours with a break of 1 hour every 4 hours. So before the event, you need to get enough sleep and go to the toilet. Under no circumstances should you drink or use substances - you will not be able to assess the situation normally.A summons for interrogation can be:
1. A telephone message. Messengers also count. If you refuse an invitation, the investigator will enter this into the protocol. This is bad, do not spoil the relationship ahead of time;
2. By registered notification to your residential address (not necessarily your registration address). If you do not show up twice when invited, this may be regarded as evasion, they may put you on the wanted list and issue a summons (but this is not easy to do and a certain interest is needed). This is when the PPS arrive and take you away under escort.
Find out whether this is a survey or an interrogation.
Unlike an interrogation, you do not have to go to a survey. Warn your relatives and friends where and to whom you are going, give the investigator's full name and number, as well as the address. Say that if you do not get in touch in 4 hours, you need to call and ask if everything is okay. Do not take your phone to the interrogation - only your passport. It is better to go by public transport. If you do go by car, park it far away and leave your phone and house keys in it. And hide the car keys well on you so that they are difficult to find. The interrogation of a witness can easily develop into the interrogation of a suspect with all the ensuing searches of the car, body, apartment, etc. After that, you can go to the interrogation. But! Always go to interrogations with a lawyer! If you are already sitting at the interrogation without a lawyer, ask the investigator to call him, stating his full name, number in the registry and phone number. If he is unable to come, petition to postpone the interrogation. And under no circumstances agree to a state lawyer.For the investigator and the lawyer, the interrogation is a routine event , they treat it impartially, but you do not, because you are under psychological pressure, which prevents you from thinking soberly. Besides, the lawyer knows more than you, and the investigator will not allow himself to use tricks that he allows himself without a defense attorney. Well, they listen to the lawyer's comments, because they know that they can bombard him with complaints.
An experienced investigator pays attention to appearance and can ask how much a suit costs. This is a provocation. Give as little information about yourself as possible.
When you go to interrogation:
- take off jewelry, watches, etc.
- dress simply, but not in rags.
- communicate in a simple manner, no slang. You can understand a lot by the way a person speaks.
The investigator also looks at the lawyer, how he is dressed and how he behaves. If you came with a young lawyer, he can start feeling out whether he knows the law. They also pay attention to how the witness and the lawyer communicate. If they see that they are arguing, they will drive a wedge and ensure that the person later comes without a defense attorney.
If the interrogation is to be recorded, you must be notified of this. Even if you came without a lawyer, keep your own notes of the question-answer type, reflecting the comments. They may not give you a protocol, but keeping notes is not prohibited. Do not rely on your memory - you will not be able to remember 8 hours of interrogation. The investigator will deliberately exhaust you.
Today about interrogations. We will give some practical advice.
How to answer leading questions?
These are questions that already contain the answer. "Did you rob him?" is wrong. It should be "Who robbed him?" According to part 2 of Article 189 of the Criminal Procedure Code of the Russian Federation "General rules for conducting interrogations", leading questions are prohibited because the investigator uses them to push you toward the version he needs.
To avoid getting caught, be sure to keep notes of the "question-answer" type. This is not prohibited for a witness. Since the investigator can then turn a leading question into an ordinary one in the report. If you notice this after comparing the notes, complain to the prosecutor's office and file a petition to change the investigator.
If you do not keep notes, there are two options for answering such a question:
1. Report in the report a violation of Article 189 of the Criminal Procedure Code and refuse to answer the question. Check that the investigator wrote this down;
2. To cheat: answer, but then reflect the violation in the protocol.
If you do not have a lawyer, most likely, the investigator will not be punished for leading questions. They will believe him more than you without a lawyer. Witnesses are prohibited from making audio and video recordings, and if the investigator finds out about this, he will confiscate the recording device, but in order to be protected from such questions, before the interrogation you can write a petition for audio and video recording of the interrogation.
Let's list the most dangerous tricks of the investigator:
- "You understand that they do not invite you to interrogation just like that?" - with this phrase, the investigator makes it clear that he doubts your status as a witness. Do not be afraid of anything and ask for a break to call a lawyer. The investigator expects you to be scared.
- "You understand that we know everything, right?" - this is how the investigator allegedly gives you a chance to explain something else that they do not yet know, but in general the situation is clear. This is done in order to cause psychological discomfort in you.
- "Your accomplice has already confessed to everything" - hints that you are not a witness, but a suspect. This is how he motivates you to cooperate with the investigation. This is most likely a canard, but you can’t verify it. If the lawyer is convinced of the veracity of the investigator’s words, then an appropriate line of defense will be developed.
- "You know that refusing to testify is automatically an admission of your guilt?" - a rude technique, used if you are alone, will never be included in the protocol. The investigator threatens 308 of the Criminal Code of the Russian Federation "Refusal of a witness to testify" - but this article only provides for a fine. Admitting guilt is not the same as refusing to testify, this is a substitution of concepts. The Criminal Code of the Russian Federation does not provide for such a case, especially since there is Article 51.
– “You understand, don’t you, that you either confess now or I’ll arrest you?” – psychological pressure. Don’t forget that the measure of restraint is chosen by the prosecutor’s office and the court, not the investigator. Without charges, you can only be detained for two days.
– “You understand, don’t you, that if you confess now, the most you can get is a suspended sentence?” – don’t believe the investigator’s promises! Such decisions are made by the court, the investigator cannot guarantee anything! You should never incriminate yourself by believing something like that!
The investigator needs the interrogation to obtain the desired result. He alternately tries on the roles of suspect, accused and witness for the person being interrogated. The main rule is to never believe the investigator. He is interested in identifying as many people as possible involved in the crime.
Finally, let’s talk about Article 51 of the Constitution of the Russian Federation, which states that no one is obliged to testify against themselves, their spouse or close relatives. It works, but you shouldn’t mention it from the beginning of the interrogation. This way you will lose the opportunity to find out the details: what the investigation needs, where it is heading, what is your status.
You should only answer Article 51 to questions you are not sure about, that is, selectively. A good lawyer will tell you this with a sign - he will pinch or kick you under the table. By the way, a competent defense attorney will always try to sit next to you.
Continued later.
