Sample. Protocol of interrogation of a witness, 2021, 2022 - Documents of the enterprise's office work

Recording the testimony of a witness in the protocol of interrogation of a witness is a procedural action carried out either by the investigative authorities or the court. As part of investigative activities, protocols for the interrogation of witnesses are drawn up on specially designed forms, and as part of judicial proceedings, they are integrated into the general protocol of the court session. Files in .DOC: Form of protocol for interrogation of a witnessSample protocol for interrogation of a witness

Appointment of a lawyer's survey.

The purpose and value of the lawyer’s question, in my opinion, is already contained in the content of clause 2, part 3, article 6 of the Federal Law “On Advocacy...”. This is a recording of the fact that a certain person has certain information. The use of this fact already depends on the chosen tactics for protecting the rights of the principal. This may be a statement of reasonable requests to interrogate someone with the formulation of questions that should be asked; carrying out certain investigative actions; appointment of examinations; inviting specialists, etc. and so on. In itself, such a procedural right is granted to a lawyer without conducting a survey, but recording the facts by a lawyer’s survey allows you to fully motivate your demands and, in case of refusal to satisfy them, to appeal them with reason.

Thus, summing up all of the above, it is logical to conclude that a lawyer’s questioning in the process of proof should be considered exclusively as an auxiliary tool for the purpose of substantiating and motivating procedural requirements.

Found documents on the topic “sample protocol for interrogating a witness”

Sample . Protocol of interrogation of a witness Documents of the enterprise's office work → Sample.
Protocol of the interrogation of a witness Protocol of the interrogation of a witness date, month, year in words, city of the region (republic). I, (last name, first name, patronymic), state note...
Sample. Short form protocol
Enterprise records management documents → Sample. Brief protocol form
form of a short protocol name of the enterprise protocol "" 20 no. production meeting chairman - se...
Sample. Form protocol
Enterprise records management documents → Sample. Protocol form
protocol form name of enterprise protocol "" 20 no. chairman - secretary - presence...
Sample. Protocol board meetings on providing a legal address
Enterprise records management documents → Sample. Minutes of the board meeting on providing a legal address
minutes of the board meeting on the provision of a legal address minutes no. from "" 20th board meeting (half...
Sample. Protocol meetings of the commission on liquidation of a joint-stock company
Founding agreements, charters → Sample. Minutes of the meeting of the commission for liquidation of the joint-stock company
protocol no. meeting of the commission for liquidation of (open/closed) joint stock company (name) "" 20 ...
Sample. Protocol on approval of the act of the liquidation commission
Founding agreements, charters → Sample. Protocol on approval of the act of the liquidation commission
minutes n of the meeting of the commission for liquidation of the joint-stock company * (open/closed) (name) "" 20 present...
Sample. Extract from protocol general meeting of shareholders on changes to the charter of the joint stock company
Enterprise records management documents → Sample. Extract from the minutes of the general meeting of shareholders on changes to the charter of the joint-stock company
from the minutes of the general meeting of shareholders (full name of the joint-stock company) agenda: 1. on changing the charter of the joint-stock company. on item 1 spoke...
Sample. Protocol constituent meeting of a non-profit public organization
Founding agreements, charters → Sample. Minutes of the founding meeting of a non-profit public organization
minutes of the constituent meeting of a non-profit public organization protocol of the constituent meeting of a non-profit...
Sample protocol general meeting of employees
Enterprise records management documents → Sample minutes of a general meeting of employees
Limited Liability Company "Baromir" Minutes No. of the general meeting of employees of the city "" 20 total employees of the organization - people...
Sample protocol staff meetings
Documents of the enterprise's office work → Sample minutes of a meeting of the labor collective
Minutes No. of the general meeting of employees of the city "" 20 years of payroll: people. staff: people...
Sample. Protocol n1 meetings of limited liability company participants
Founding agreements, charters → Sample. Minutes n1 of the meeting of limited liability company participants
sample protocol n 1 of the meeting of participants of a limited liability company “name of company” Moscow “” 1995. ...
Sample. Protocol No. 1 meeting of shareholders of a closed joint stock company
Founding agreements, charters → Sample. Minutes No. 1 of the meeting of shareholders of a closed joint stock company
sample protocol n 1 of the meeting of shareholders of a closed joint-stock company “name of the company” Moscow “” 1995. present...
Sample. Protocol No. 1 meeting of shareholders of a closed joint stock company
Founding agreements, charters → Sample. Minutes No. 1 of the meeting of shareholders of a closed joint stock company
sample protocol n 1 of the meeting of shareholders of a closed joint-stock company “name of the company” Moscow “” 1995. present...
Read also: How to behave during interrogation. Lawyer's recommendations
Sample. Protocol meeting of the founders of a non-profit humanitarian foundation
Founding agreements, charters → Sample. Minutes of the meeting of the founders of the non-profit humanitarian fund
minutes of the meeting of the founders of a non-profit humanitarian fund minutes of the meeting of the founders of a non-profit organization...
Sample. Protocol meeting of the founders of a non-profit humanitarian foundation
Founding agreements, charters → Sample. Minutes of the meeting of the founders of the non-profit humanitarian fund
MINUTES of the meeting of the founders of the non-profit organization humanitarian fund "" 20 " Present

Lawyer survey form.

When interviewing persons, guided by Article 6 of the law, a lawyer is not a person acting on the basis of one of the procedural codes. It operates only on the basis of the Federal Law “On the Bar...”. The survey is conducted solely with the consent of the respondent. This implies the acceptable, minimum and maximum requirements for the content of the survey form.

Accordingly, the survey form must contain information that meets the tasks and requirements facing the lawyer’s survey. Based on the meaning of the rule of law, we can conclude that in the survey form, in addition to the name of the document, the date and place of its preparation, the source of information must be recorded (full name, date of birth, identification document, place of birth and place of work, registration address and actual place of residence), i.e. all the data that will allow you to individualize a person from the mass of others.

A mandatory element must be the person's unambiguous voluntary consent to conduct the survey and notification that he has the right to refuse to conduct the survey without giving reasons. And also a notification that his testimony can be used in providing legal assistance to a third party and the possibility of involving him in this case as a witness.

The inclusion of any other warnings in the survey form, for example about criminal liability, etc., is not provided for by any law, and I consider such inclusions to be “from the evil one.” Why are they indicated? Hard to say. Maybe for the purpose of showing one’s importance, maybe for the purpose of influencing the respondent for psychological control of his further procedural behavior, or maybe for something else.

And, naturally, the most valuable thing for a lawyer is the presentation of information that the interviewee owns. Issues of survey tactics, recording information, etc. I won’t consider it, because... This is a topic for a separate question.

The survey must be signed by the lawyer and the person being interviewed. In addition to confirming the testimony set out in the survey, the interviewee must confirm with his signature his personal data and notification of him that he has expressed his desire to give information voluntarily.

Types of witnesses

A witness is a person who may have information relevant to the case under investigation. Based on the type of information, interrogated persons are divided into:

Eyewitnesses who directly observed the commission of a crime.
Witnesses who have information that will help solve the case and relate to:
weapons of crime;
eyewitnesses;
other circumstances.

Regarding participation in the incident, two groups of witnesses can be distinguished:

Active ones who participated in the situation. For example, they tried to prevent an unlawful act, provided assistance in apprehending the criminal, and rescuing the victims.
Passive, not interfering in the course of events:
For lack of such an opportunity. For example, the incident was seen from the window of an apartment or a passing vehicle.

Any citizen can be summoned

Article 90 of the Tax Code establishes the right of tax authorities to call any individual (both a citizen of the Russian Federation and a foreigner, as well as a stateless person) to testify. Why are they called to the tax office as a witness? According to the first part of this article, this is done if the citizen has data that is important for tax control. In practice, this means that specialists from the Federal Tax Service carry out a tax audit, and it has been established that a citizen invited to testify may have the information necessary to conduct it.

Thus, the reason for receiving a summons from the tax office most often lies in a tax violation. However, this is not always the case; not every inspection results in administrative or other liability.

General information

Article 188 of the Code of Criminal Procedure of the Russian Federation as amended on February 19, 2018, which means the procedure for calling a person for questioning, was adopted to increase the level of legal culture of citizens in matters of investigative measures and for its clear regulation. Such an official explanation to persons who have information on events being examined in court is necessary in order to avoid an unconscious and deliberate violation of this article and subsequent enforcement measures, as well as bringing the person to legal liability.

Interrogation of witnesses, investigators and operational officers in court

From the analysis of Part 1 of Article 74 of the Code of Criminal Procedure of the Russian Federation, it follows that in relation to the case under consideration, evidence can be divided into several types, including:

1) evidence of the commission (non-commission) of the accused act by the defendant and his guilt (innocence) therein;

2) evidence of the legality (illegality) of the ongoing investigative actions and operational investigations.

In addition, in Chap. 8 of the Code of Criminal Procedure of the Russian Federation, independent participants are indicated as “other participants in criminal proceedings” - a witness and a witness.

The testimony of witnesses and the investigator are not included in the list of evidence given in Part 2 of Art. 74 Code of Criminal Procedure of the Russian Federation.

Hence, the evidence of a person’s guilt (innocence) in the incriminated act is the protocols of investigative actions and the operational investigation, and it is on their basis that the court must draw appropriate conclusions.

What to do if a party (prosecution or defense) files a motion to interrogate the above-mentioned persons as witnesses (even if a motion to inadmissible evidence was not filed)?

Apparently, the court has the right to satisfy this petition with reference to Part 8 of Article 234 of the Code of Criminal Procedure of the Russian Federation. At the same time, the testimony of witnesses, operational officers, investigators interrogated in accordance with Part 8 of Art.

234 of the Code of Criminal Procedure of the Russian Federation, can have evidentiary value only when assessing the admissibility of evidence - protocols of investigative actions and operational investigations (as “other documents”), on the circumstances of their production, but cannot be used as independent evidence of the guilt of the defendants, including on the basis of procedural status of witnesses and investigator.

The interrogation of these persons as “witnesses” does not change their basic procedural status. As noted by the Constitutional Court of the Russian Federation, Art. 56 of the Code of Criminal Procedure of the Russian Federation determines only the legal status of a witness in criminal proceedings, but not the substance of his testimony as evidence in a criminal case.

The inadmissibility of using the above evidence as evidence of the guilt of the defendants is confirmed by judicial practice.

The concept of evidence, the rules for evaluating and verifying evidence are the same for the consideration of cases both in the general procedure and with the participation of jurors.

Issues of a procedural nature in accordance with Part 5 of Art. 335 of the Code of Criminal Procedure of the Russian Federation, including those relating to the admissibility and inadmissibility of evidence, are the exclusive competence of the presiding judge and are discussed only in the absence of jurors.

It is when deciding on the admissibility of evidence, before presenting evidence to the jury, in accordance with Part 8 of Art. 234 of the Code of Criminal Procedure of the Russian Federation, witnesses, operational officers, investigators, etc. can be questioned as witnesses.

Discussion of these issues in the presence of jurors is grounds for overturning the verdict. (definition of the Investigative Committee for Criminal Cases of the Armed Forces of the Russian Federation in case No. 73-o04-27sp).

If the evidence is accepted, admissible jurors are presented with the investigative report, the confession, or the ORM report.

If the evidence is declared inadmissible, the testimony of the above-mentioned witnesses, operational officers or investigators is not presented to the jury, that is, the evidence is “either there or it is not”, replacement or substitution of evidence does not occur.

At the same time, in a parting word (very similar to the descriptive and motivational part of the verdict when considering a case in the general order), the presiding officer also does not have the right to refer to the testimony of witnesses, operational officers, investigators, but cites only “primary sources” - protocols of the operational investigation, confession, investigative actions, etc. (determination of the RF Armed Forces dated October 24, 2008 No. 41-008-76sp).

From the above, we can conclude that, when checking evidence (if necessary or at the request of the parties), witnesses, operational officers, and an investigator can be questioned. In this case, these persons are interrogated as witnesses to the investigative action or operational investigation.

Investigative Committee for Criminal Cases of the Armed Forces of the Russian Federation in case No. 73-o04-27sp).

If the evidence is accepted, admissible jurors are presented with the investigative report, the confession, or the ORM report.

Interrogation procedure

The possibility of calling and questioning new witnesses at a court hearing, including investigators and interrogators who were in charge of the case, is provided for in Part 8 of Art. 234 and art. 271 Code of Criminal Procedure of the Russian Federation.

A witness is a person who may be aware of any circumstances relevant to the investigation and resolution of a criminal case, and who is called to testify.

lawyer, defender of a suspect, accused - about the circumstances that became known to him in connection with an appeal to him for legal assistance or in connection with its provision;

judge, juror - about the circumstances of the criminal case that became known to them in connection with participation in the proceedings in this criminal case; 7) petition for the application of security measures provided for in Part 3 of Article 11 of the Code of Criminal Procedure of the Russian Federation.

On the other hand, there are situations when, due to objective reasons, the investigator has no choice but to resort to interrogation of the same operational worker.

For example, when the person from whom the operational worker seized the item is absent (died, left, location unknown, etc.).

Interrogation of an official in this case is necessary, since only this action can procedurally “link the seized item and the circumstances of the criminal case. Interrogation of an official (investigator, investigator, operational officer, district commissioner, etc.

) in order to obtain (replenish) evidence in a criminal case. During the investigation of a criminal case, the following situation often occurs.

During the preliminary investigation, an operative officer confiscates from a person an item of significance in a criminal case, documenting such an action with a report or a corresponding act.

A further mechanism for the status legalization of a seized item is the execution by the investigator of a number of investigative actions, including the seizure of the specified- The reason for the appeal was that in the conviction against the applicant, left unchanged by higher courts, there are references to the testimony of police officers.

They were questioned as witnesses about the circumstances of the detention of the person who reported the crimes committed, the criminal case against whom was terminated due to death.

The expert noted that the problem was clearly outlined in the complaint: the evidence used as the basis for the verdict was the testimony of law enforcement officers who talked with another suspect and testified about the results of the conversation. “From the point of view of the theory of criminal proceedings, such evidence should be declared inadmissible. However, we see that this does not happen.

Can the suspect's lawyer somehow challenge our testimony at trial?

V.V. Kalnitsky and O.I. Beketov (Omsk Higher School of the Ministry of Internal Affairs of the Russian Federation) about the persons in the courtroom.

In some cases, the witness may be “classified.” This means that his data (full name, place of residence, year of birth, etc.) is not disclosed to anyone and is available only to the judge. For security purposes, such a person is assigned a pseudonym at the investigation stage. Such persons are interrogated in court via audio link: in the courtroom, his testimony is heard over the audio system by all participants, but his voice is changed using electronic technology. During the interrogation, the witness is in a special room outside the court session; he also hears questions, explanations of rights and obligations, that is, the entire course of the proceedings.

The person does not appear in court for unknown reasons: the summons is returned and not actually served, the bailiffs have not established any information about the location, the request to the Address Bureau was unsuccessful. In such cases, the Code of Criminal Procedure of the Russian Federation allows the court (even if one of the parties disagrees) to read out the testimony of a witness given during the investigation, subject to certain conditions:

upon the death of a witness or a serious illness that prevents him from appearing in court (this means an illness of such severity that even an on-site court hearing is inappropriate and can harm a person’s health);

if the person summoned to court is a citizen of another state and refuses to appear for questioning;

the person’s failure to appear is due to a natural disaster or other emergency that makes it impossible to appear in court (for example, an earthquake, a major regional accident, etc.);

if it was not possible to establish the whereabouts of the person (all measures were taken: requests were sent to the AB, summonses were sent to all known addresses, and bailiffs were instructed to ensure appearance in court).

If both parties to criminal proceedings agree to the disclosure of the testimony of a witness that he gave during the investigation, the court may decide on the disclosure, regardless of the presence of one of the above grounds.

Let's say you are a witness in a criminal case. Here are some practical tips on how to behave during interrogation in court:

First, don't ignore the challenge. It will not be very pleasant when there is a knock on your door at 7 am - bailiffs try to bypass the addresses indicated in the arrest order as early as possible. It is your civic duty to appear and testify.
It happens that the proceedings are postponed without starting (for example, representatives of one of the parties fall ill). Then you need to find out from the assistant judge the date of the next court hearing and receive a summons.
Usually the person being called knows in advance under what circumstances they want to interrogate him. Try to remember well the events related to the crime in order to answer the questions posed as accurately as possible. There is no need to invent or assume if you do not remember this or that detail. It’s better to answer honestly: “I don’t remember.”
Give your testimony confidently and clearly, provide only information that is relevant to the case. Do not focus on biographical information that is not related to the events of the crime.
Remember that the witness does not have the right to ask questions to the participants in the process and the court. At the same time, he has the right to submit requests of various nature related to the procedural order (for example, a request for a break due to poor health, a statement about pressure exerted on him by other persons, a request for payment of expenses, etc. ).

The interrogation procedure in civil cases largely coincides with criminal proceedings, but there are still some differences:

Only those persons declared by the parties are summoned to the court hearing to resolve disputes: there is no list that is drawn up before the court hearing and is mandatory for the judge.
In civil proceedings, there is no obligation for the judge to question a witness who has appeared. If the court considers the request for questioning to be unmotivated, it may refuse to satisfy it, even if an eyewitness to the controversial events is already outside the courtroom.
In civil cases, written testimony of witnesses cannot be accepted as evidence, unlike in criminal proceedings, where interrogation protocols given at the pre-trial stage are widely used. At the same time, in some cases, the court, when considering a civil case, can do without repeated interrogation and read out the testimony of the person given earlier in the same court hearing. Example No. 2 . When considering a claim for debt collection, an employee of the Management Company was called, who brought to the attention of the participants a detailed calculation of the debt for housing and communal services. The case was postponed due to the busyness of the defendant's representative. The CC officer was unable to appear at the next court hearing. Since the parties did not have any new questions for him, it was decided to read out the testimony he gave at the previous meeting.
In civil proceedings, a form of interrogation by writ is permissible - the procedure will be carried out by the judge of the city where the person lives, after which the original protocol will be sent to the court where the case is being considered on the merits. In criminal proceedings, this form of providing evidence is not provided.
In civil proceedings, interrogation of “classified” witnesses is not practiced; video conferencing is extremely rarely used. In addition, a decree on summons is rarely issued: in the consideration of disputes, the principle of adversarialism is more pronounced than in criminal proceedings; Ensuring attendance is almost entirely the responsibility of the parties, and the court's participation in the delivery of witnesses is minimal.

Sources

Yuri, Fedorovich Bespalov Judge's Handbook: Consideration and resolution of criminal cases on appeal. Educational and practical manual for judges / Yuriy Fedorovich Bespalov. - M.: Prospekt, 2015. - 558 p.
Alexander Vasilievich Demin “Soft law” in an era of change: the experience of comparative research. Monograph; Prospekt - M., 2021. - 960 p.
Vox Juris collection. Voice of Law / Collection of articles. - M.: St. Petersburg State University, 2021. - 919 p.
Yankovskaya, Lyubov How to correctly draw up a sales contract / Lyubov Yankovskaya. - M.: Ripol Classic, 2013. - 951 p.
Yuri, Yakovlevich Makarov Jurisprudence in diagrams. Scientific and practical manual / Yuri Yakovlevich Makarov. - M.: Prospekt, 1998. - 113 p.