The interrogation protocol of the suspect (sample filling)

The correct conduct of certain actions is very important for the disclosure of the perfect atrocity. Interrogation of a suspect at the stage of preliminary investigation requires the official to have strength and patience, as well as a detailed study of all the testimonies received. After all, they are further reinforced or refuted by other evidence in the case.

Interrogation of the alleged culprit

A person in respect of whom a criminal case has been initiated must be summoned to a law enforcement interview as a suspect. If the alleged attacker was detained for two days, then a procedural interview with him should be carried out in the first 24 hours. At the same time, the detained person has the right to the assistance of a lawyer whose appearance must be provided by the investigator.

The record of interrogation of a suspect is drawn up by an employee of law enforcement bodies with observance of all procedural norms and rules. The document identifies:

1. The time and place of this investigative action.
2. Data of the person interrogated as a suspect. The place of his residence, permanent registration, work, study must be indicated.
3. Information about education and marital status.
4. Presence or absence of previous conviction.

After acquainting himself with the protocol, he subscribes to the suspect and his counsel. Then the document is certified by the investigator. If a person suspected of a committed crime is at liberty, then for interrogation, it is called by a summons or by phone, as well as by other means of communication. In case of non-appearance, such a person is subject to a drive. The interrogation protocol of the suspect is a procedural document. It has legal force. It is necessary for a detailed investigation of the case and its subsequent transfer to the court.

Time of procedural conversation

When performing a procedural interview of a person suspected of a committed act, exact observance of time is necessary. At the same time, the interrogation period can not last more than four hours without a break for rest and lunch. The maximum time for a procedural interview with a suspect is 8 hours a day. In the event of poor health of the alleged attacker, the period for conducting his interrogation is established on the basis of the opinion of the medical specialist.

Official conversation with the accused

Conducting an official conversation between the investigator and the suspect is possible only after he has been charged with the act. Up to this point, it is not considered that the person has committed an offense. Interrogation of the accused is carried out in accordance with the Criminal Procedure Code. It is necessary for the suspect to justify himself. He must object to the charges brought against him, give his reasons for acquittal, and use the help of his lawyer to prove his complete innocence.

Before the interview, the investigator finds out from the accused: whether he wishes to testify in essence or to refuse them. After that the law enforcement officer makes an entry in the record about this. Interrogation of the accused, if he refuses to give testimony for the first time, can be conducted again. But this is possible only when the accused himself will ask for it.

Calling the victim

A person recognized as a victim in the case is summoned to an official interview with the investigator on the agenda. She is handed to him personally against the signature. If, at the time of delivery of the summons, the victim was not at home, then it must be received by one of the adult family members. Or it can be transferred to the victim through the administrative staff at the place of his work. If the victim can not appear at the summons of the investigator, then he must warn him about it. Otherwise, the victim may be subjected to compulsory escort to law enforcement agencies.

Interrogation of the victim is carried out on the basis of the Criminal Procedure Code. It also can not last more than four hours without a break for rest and eating. The greatest time for conducting an official conversation with the victim is 8 hours per day. If the person in the case or for the state of his health can not be in interrogation time, then on the basis of the conclusion of the medical specialist for him a different time period is stipulated. Interrogation of the victim is primarily necessary in order to detail the whole picture of the crime that has occurred and to bring the culprit to justice with the help of other witness statements.

Process conversation with a minor

In this case, in the conduct of such an investigative action as the interrogation of a person under the age of 18 who is suspected of a committed atrocity, the participation of a teacher or a psychologist is necessary. The specialist must attend, especially if the child has certain mental disorders. Otherwise, participation in the official survey of these persons may be permissible only with the permission of the investigator. Interrogation of a minor suspect without a break can not last more than 2 hours a day. The maximum time for an official conversation is 4 hours.

Adult persons, namely a pedagogical worker and a psychologist who participate in the procedural conversation between the investigator and the minor suspect, have the right to ask the latter questions only with the consent of the law enforcement officer. Interrogation of a minor suspect is conducted with the participation of counsel. He asks his client questions during the procedural conversation, after which he gets acquainted with the protocol and makes his comments, if any.

Correctness of conducting interrogation

Before conducting the interrogation, the investigator will have to carefully study the available materials of the case, and then resolve the issue with calling those who can give testimony of interest to him on the atrocity committed. To conduct an official conversation with a suspect who is at large is best in more comfortable conditions for him and, if possible, outside the walls of law enforcement agencies. This will greatly improve his emotional state. Accordingly, he will quickly contact the investigator.

The same goes for the call of witnesses in the case. They will not always tell the truth to the investigator, even under the threat of criminal punishment if he does not psychologically arrange them to himself. Correctly chosen tactics of interrogation will greatly facilitate the task of the investigator to solve the crime. Therefore, it is necessary to conduct such a conversation in a calm tone, beginning with the main and interesting, but not leading questions.

Sample protocol filling

When the investigator conducts a procedural interview with the person being interrogated, the protocol shall be completed without fail. It is a procedural and legally significant document in which all the conducted investigative actions are recorded. The interrogation protocol of the suspect is as follows:

The city of Nilsk 17.02.20_.

Beginning of the interrogation: 12 hours. 02 min.

Expiration: 15 hours. 00 min.

The investigator of the investigation department of the Interior Department of the city of Nil, major of police Ivanov, in the office No. 23 of the Nilsky police department, on the basis of art. 46, 189 and 190 of the Code of Criminal Procedure, questioned as a suspect in the criminal case No. 1111111:

1. Full name.

2. Date and place of birth.

3. Place of residence and registration.

4. Citizenship.

5. Place of work or study.

6. Information on education.

7. Marital status.

8. Military duty.

9. Criminal record (yes or no).

10. Data of the passport.

Suspect _____________ (signature)

Persons participating in the case (defender) and his warrant (number is indicated)

Then the suspect is explained his rights, after which a signature is put.

Suspect _____________ (signature)

The very text of the interrogation describing all the circumstances of the case, which is signed by the suspect and defender

Suspect _________ (signature)

Defender _________ (signature)

After that the protocol is presented to the lawyer and his client for reading and making corrections, if they are needed.

Suspect __________ (signature)

Defender ____________ (signature)

This protocol was drawn up on the basis of the Code of Criminal Procedure of the Russian Federation

Major Police Investigator

Nilsky Department of Internal Affairs ______________ Ivanov

In the event that an audio or video recording was conducted during the procedural conversation, an entry shall be made in the record of the interrogation of the suspect. He confirms his confirmation by his signature, and his autograph is also left by the defender. In the photo below you can see what the document looks like.

Registration of the protocol

The protocol is filled out and printed by the investigator with his own hand. When carrying out procedural actions , the ATS officer uses a computer or other available equipment for quick work. If there are difficulties with printing, the investigator may need additional time to prepare a protocol of interrogation. The form for manual filling is not available in all law enforcement departments. Therefore, sometimes there are small technical difficulties that are solved very quickly.