How can they be summoned for questioning?
The procedure for calling a citizen to testify is determined by Article 188 of the Code of Criminal Procedure of the Russian Federation. There are two legal formats for summoning for questioning: written (by summons) and using means of communication. The text about calling the interrogated person must indicate his full name, the status of the person being called (for example, “as a witness”), the full name of the caller (investigator, interrogator), the address where the interrogated person is required to arrive, the date and time of the interrogation (Article 188). .1 Code of Criminal Procedure of the Russian Federation).
Summons
. Notification by summons is carried out only against a receipt confirming its acceptance. If it is impossible to hand it over to the person being called in person, it is handed over against signature to a family member (an adult) or an administrative employee at the place of work of the person being called.
Calling via communications
(Article 188 Part 2 of the Code of Criminal Procedure of the Russian Federation). This method of notification of a summons for interrogation must be carried out under the terms of notification by summons. Those. the option of calling the person summoned for questioning and verbally communicating the need to come to the investigator does not correspond to the letter of the law, since it does not allow recording the content of the notification transmitted over the telephone.
Using means of communication, the summons is transmitted to the citizen only in the form of a text message and subject to the established form of notification (full name of the addressee, his status, full name of the caller, etc.).
As with the delivery of a paper subpoena, the person summoned for questioning must confirm the fact of receipt - open the message and read it. If the message was opened (for example, an SMS was read or a telegram message was opened), then the notification took place.
What to do if you are summoned for questioning or detained
Home Press center What to do if you are summoned for questioning or detained
The pre-investigation check and a few days after the initiation of a criminal case is the time when the prospects of the criminal case are largely determined. To make their work easier, law enforcement officers, in violation of the constitutional right to defense, interview potential defendants without a lawyer, invite them “just to talk,” interrogate them first as witnesses and only then as a suspect (accused), and take other actions to obtain the “queen of evidence.” » – confessions.
Unfortunately, a lawyer who is professional and conscientious about protecting a client is often contacted only when the initial investigative and operational search activities have already been carried out, confessions have been received and the situation has become much worse than it could have been.
Understanding that it is not always possible to quickly conclude an agreement with a qualified lawyer, I will give several recommendations, following which you can avoid fatal mistakes and create the basis for a successful defense of the case in the future.
- If you are summoned for questioning as a witness or for a “conversation” with law enforcement agencies, think about your legal safety.
In practice, it has already become a “classic” technique when a person is first invited to testify as a witness, and then transferred to the status of a suspect or accused. This is done in order to limit the possibilities for the defense: unlike the suspect and accused, the witness has fewer procedural rights. For example, he cannot refuse to give evidence (except when it concerns him or close relatives). He is also not entitled to the assistance of a state-appointed lawyer. If there are concerns that a call for questioning or a meeting with operational officers may end unfavorably for you, you have the right to enter into an agreement with a lawyer who will represent your interests during investigative or operational-search activities. Practice shows that the timely participation of a professional lawyer often helps to avoid subsequent criminal prosecution or, at a minimum, “reserve” charges.
- Don't rush to testify.
Remember: if you were detained, summoned for questioning as a suspect, or charged, you are not required to testify. What was said “on the record” (especially in a situation of stress, for example, after arrest) is subsequently extremely difficult to explain by saying that “you were misunderstood,” “you didn’t mean it that way,” etc. Even if the investigator wrote down in the protocol what you did not say, but you signed it, formally there is already evidence against you. Until at least the preliminary situation with the evidence in the case is clear and detailed advice from a lawyer has been received, I would recommend not giving evidence at all. It is never too late to testify, and premature testimony is often used to the detriment of the interrogated person, rather than to his benefit.
- Do not believe the investigator's promises not to take you into custody in exchange for a confession.
In cases of serious and especially serious crimes, investigators almost always request detention - regardless of the confession, the previous merits of the suspect (accused), his marital status, etc. Courts grant such requests in 90% of cases. If the criminal case concerns a crime of minor or moderate gravity, the investigators, firstly, are much less likely to file a petition for detention, and, secondly, the courts are reluctant to meet them halfway. Whether in this state of affairs it makes sense to give a confession, believing the promises of the investigator and hoping for a written undertaking not to leave the place or house arrest, everyone decides for himself.
- Read all the documents you sign and, if possible, make copies or extracts from them. Submit all petitions in writing - in the protocols of investigative actions or on separate sheets (keep a second copy of the petition with a note from the investigator about their receipt).
You must understand the nature of the investigation, the significance of the findings, and your procedural rights. If you don’t understand something, ask a lawyer. Never sign blank forms. Also ask the investigator for copies of decisions to initiate a criminal case, to charge you as an accused, etc., records of interrogations and other investigative actions with your participation. If the investigator refuses to provide such copies, but you have the opportunity to photograph these documents (for example, on your phone), take them. If photographing is not possible, make notes. Your lawyer has similar rights.
- A lawyer must take part in all investigative actions involving you.
If the lawyer did not actually participate in the investigative action, indicate this in the protocol. This will make it possible to insure against cases when the protocol is signed by an unscrupulous defender “retroactively.” In addition, if the lawyer has such an attitude towards the performance of his professional duties, think about changing your lawyer. To do this, you or your relatives can enter into an agreement with another lawyer or, if there is no money to pay, write a statement refusing the services of the previous lawyer, pointing out his dishonest attitude and how exactly it manifests itself, and ask to appoint another lawyer. By law, refusal of a lawyer is not mandatory for the investigator, but with a detailed and specific substantiation of the application, the chances of its satisfaction are quite good.
- If you are detained, you have the right to call your loved ones and get the help of a lawyer.
If you are detained, you have the right to call your loved ones. Tell us exactly where you are, why you were detained, ask to collect documents about employment, housing and marital status, get a quick reference from neighbors and from your place of work (in particular, these documents may be useful in court when considering an application for a preventive measure). As a rule, a person is detained with the participation of a lawyer appointed by the state, so if there is such a possibility, ask your relatives to find a lawyer to enter into an agreement to defend you in a criminal case. In any case, you have the right to confidential communication with a defense lawyer prior to the first interrogation, lasting at least two hours. While the detainee communicates with the appointed lawyer who has come to him, relatives can quickly get their bearings and invite a lawyer by agreement. Unfortunately, it is not always possible to do this promptly, so let me remind you once again about the danger of giving evidence immediately after arrest.
- If you were beaten by law enforcement officers, immediately undergo a medical examination as soon as possible.
The practice of using physical force to extract confessions has not become a thing of history. The use of physical force against you can be indicated in the investigative reports, reported to a lawyer, or in complaints. In this case, it is necessary to indicate in detail where, who, when, and how physical force was used. It is especially important to undergo a medical examination - as quickly as the situation allows. If you are released after being detained, immediately undergo an examination (in Vladimir this can be done, for example, at the Forensic Medical Examination Bureau at Bolshaya Nizhegorodskaya St., 65-a). If, after your arrest, you were placed in a temporary detention facility, ask that bodily injuries and requests for medical assistance be recorded in the journal of the initial interview and registration of the provision of medical assistance to persons admitted to detention in the temporary detention facility. Also try to exchange contacts with those who could see your injuries (this could be, for example, other detainees, cellmates, etc.).
If you need the help of a lawyer in criminal, family, or civil law, you can call 8-910-188-73-21 or write by email or telegram.
8-910-188-73-21 all methods of communication
Who will conduct the interrogation?
Having received the summons, you need to find out who exactly will be the interrogator. If the call for interrogation is made not by the investigator, but by the detective, then the purpose of the call is to interrogate or give explanations. In this case, the status of the person summoned by the summons is not regulated in any way, which means liability under Articles 307 and 308 of the Code of Criminal Procedure of the Russian Federation cannot be applied to him. Those. The citizen called by the detective has no obligation to give full answers to the questions of this police officer.
The investigator's goal is always to initiate a case as soon as the pre-investigation check is completed. From a meeting with the detective, you will only learn the reason why he is interested in you. Counting on the objectivity and benevolence of an operative who calls you for a conversation over and over again is a pointless exercise. The only correct thing here would be to entrust communication with the detective to your lawyer and not waste your time.
How long can a person be a suspect?
Lawyer Antonov A.P.
How long can a citizen have the status of a suspect? Before answering the question posed, let us immediately note that there may not be a suspect at all in a criminal trial in a specific criminal case. If there was one, then the maximum duration of a person’s stay in the required capacity depends on why he was endowed with the appropriate legal status, whether he was applied to him or not, and what kind of preventive measure he was suspected of committing.
If a person has become a suspect due to the initiation of a criminal case against him, then he can have this status for an unlimited period of time. For example, due to the fact that the suspect hid from the preliminary investigation authorities, they cannot find him, and without his participation in the criminal process, it is impossible to collect evidence sufficient to make a decision against him to implicate him as an accused.
When a person is given the status of a suspect in connection with his detention in accordance with Art. Art. 91 and 92 of the Code of Criminal Procedure of the Russian Federation, then the maximum period of his being in the required capacity depends on whether he was taken into custody after arrest and what crime he is suspected of committing.
If after the arrest the person was taken into custody, then in accordance with the requirements of Art. 100 of the Code of Criminal Procedure of the Russian Federation, a suspect will be no more than ten days (forty-five days when a person is suspected of committing at least one of the crimes provided for in Articles 205, 205.1, 205.3, 205.4, 205.5, 206, 208, 209, 210, 210.1 , 277, 278, 279, 281, 360 and 361 of the Criminal Code of the Russian Federation) from the moment of his actual arrest.
After detention, a preventive measure other than detention may be applied to such a person. In this case, the maximum time during which it can be granted the corresponding status is approximately fifteen (fifty) days. It would be more correct to say that this period consists of two components. The first is calculated in hours, and the second in days. The first is 120 hours, the second is 10 days (45 days if he is suspected of committing at least one of the crimes provided for in Articles 205, 205.1, 205.3, 205.4, 205.5, 206, 208, 209, 210, 210.1, 277, 278, 279, 281, 360 and 361 of the Criminal Code of the Russian Federation). I think it’s clear where we got 10 (45) days from. This is the time within which charges must be filed. But what are these 120 hours?
Detention can last 120 hours, in our opinion, that's why. As a general rule and based on the content of parts 2 and 3 of Art. 94 of the Code of Criminal Procedure of the Russian Federation, the period of detention is 48 hours. But in accordance with the guidelines enshrined in clause 3, part 7, art. 108 of the Code of Criminal Procedure of the Russian Federation, this period can be extended for a period of no more than 72 hours. If you add 48 hours and 72 hours, you get the required amount of 120 hours. Taking into account part 7.1 of Art. 108 of the Code of Criminal Procedure of the Russian Federation, after the specified period of time, the court has the right to refuse to satisfy the petition to select a preventive measure in relation to the suspect in the form of detention and choose a preventive measure in relation to the latter, for example, in the form of a ban on certain actions, bail or house arrest. In the situation under consideration, the person will be given the status of a suspect for another 10 days (45 days if he is suspected of committing at least one of the crimes provided for in Articles 205, 205.1, 205.3, 205.4, 205.5, 206, 208, 209, 210, 210.1 , 277, 278, 279, 281, 360 and 361 of the Criminal Code of the Russian Federation) from the moment a preventive measure was applied to him in the form of a ban on certain actions, bail or house arrest.
In this regard, we question the statement that a suspect can be a participant in criminal proceedings “in case of detention - no more than forty-eight hours.” Or that “detention on suspicion of committing a crime cannot last more than 48 hours.” It is difficult to imagine that the proceduralists who expressed this opinion do not know the content of paragraph 3 of Part 7 of Art. 108, art. 100 of the Code of Criminal Procedure of the Russian Federation, and even Article 46 of the Code of Criminal Procedure of the Russian Federation. Most likely, they had in mind a situation where, after the arrest of a person, the question of choosing a preventive measure was not raised. But in this case, they poorly formulated the provision that they wanted to communicate to the law enforcement officer.
The penultimate variety of suspect is this. A person becomes a suspect due to the application of a preventive measure to him in accordance with Art. 100 Code of Criminal Procedure of the Russian Federation. Therefore, the maximum period during which such a citizen can have the status of a suspect cannot exceed 10 days (45 days if he is suspected of committing at least one of the crimes provided for in Articles 205, 205.1, 205.3, 205.4, 205.5, 206 , 208, 209, 210, 210.1, 277, 278, 279, 281, 360 and 361 of the Criminal Code of the Russian Federation).
The last one is when an investigator (inquiry officer, etc.) gives a person a notice of suspicion of committing a crime in the manner established by Art. 223.1 Code of Criminal Procedure of the Russian Federation. Following the logic of Art. 223 of the Code of Criminal Procedure of the Russian Federation, the period for conducting an inquiry cannot exceed 12 months. In turn, Art. 223.1 of the Code of Criminal Procedure of the Russian Federation does not prohibit serving a notice of suspicion of committing a crime on the day the criminal case is initiated. In the proposed situation, the person will remain a suspect until the investigation is completed: the criminal case is terminated or an indictment is issued.
Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.
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What is the status indicated on the agenda?
If the sent subpoena indicates the procedural status of the person being called “witness” (“called as a witness”), then appearance before the employee of the investigative agency is strictly mandatory (Article 188 Part 3 of the Code of Criminal Procedure of the Russian Federation). An unjustified refusal to appear (the justification must be agreed with the investigator) will be followed by a forced arrest.
Before the interrogation, the investigator will inform you that if the witness gives false testimony or refuses to provide it, he will be held accountable. It should be noted that even if the witness subsequently refuses reckless testimony (recorded), it can be included in the evidence base, incl. against the witness himself. Therefore, a witness invited for questioning needs a lawyer.
Contacting a legal defender after receiving a subpoena with witness status will allow you to:
- perform a preliminary legal analysis of the situation that, according to the principal, served as the reason for the summons for questioning;
- assess the criminal legal risks that allow criminal liability in the current situation for the principal, or for citizens whose fate is not indifferent to the principal;
- weigh ways to minimize identified risks, formulate a position for questioning;
- find out the procedure for investigative actions, understand the rights of a witness;
- provide options for the development of the situation during the interrogation process.
Be sure to check the status indicated on the agenda. It is important!
"Suspect" and his defense
Lawyer of the Lapinsky and Partners Bar Association Konstantin Kuzminykh, in an article “Independent Status” published on the AG website, raised the issue of the uncertainty of the end of the procedural status of a suspect for a person against whom a criminal case has not been initiated and is not being investigated. In addition, he paid attention to the possible difficulties of the participation of a lawyer as a defender of such a person.
The essence of the problem is this: an investigator in a criminal case initiated upon the commission of a crime can detain in accordance with Art. 91 of the Code of Criminal Procedure of the Russian Federation, giving him in accordance with Part 1 of Art. 46 of the Code of Criminal Procedure of the Russian Federation, the procedural status of a suspect, which imposes a large number of restrictions and at the same time provides a wide range of opportunities in the context of protecting one’s rights. However, in the future, the suspect may be released from the temporary detention center; a preventive measure may be chosen against him in the form of a written undertaking not to leave the place and proper behavior, but, contrary to the requirements of Part 1 of Art. 100 of the Code of Criminal Procedure of the Russian Federation, charges may not be brought against him within 10 days from the moment the preventive measure is chosen.
A discussion took place on the AG website, during which lawyers tried to answer questions about what specific procedural status the said person has and how a lawyer can protect him.
On the time limit for granting a person the status of a suspect “Part 1. Art. 46 of the Code of Criminal Procedure of the Russian Federation provides for persons against whom a criminal case has not been initiated and is not being investigated, the opportunity to acquire the procedural status of a suspect only upon arrest in accordance with Art. 91–92 of the Code of Criminal Procedure of the Russian Federation or in the event of a preventive measure being applied to them in accordance with Art. 100 of the Code of Criminal Procedure of the Russian Federation – i.e. for no more than 48 hours or 10 days, respectively,” recalled Konstantin Kuzminykh.
He also pointed to Resolution of the Constitutional Court of the Russian Federation No. 11-P of June 27, 2000, which provides an explanation on the actual and procedural status of a suspect in a criminal case: before a detention protocol is issued, a person, if procedural coercive measures are actually applied to him, already has right to protection. But the Constitutional Court of the Russian Federation did not give any explanations about the end of the procedural status of a suspect, explaining only that the absence in the Code of Criminal Procedure of the Russian Federation of a deadline for granting a person the status of a suspect does not in itself violate his constitutional rights.
“However, the emergence of such rights in a person is useful during detention or at the beginning of the application of other coercive measures against him, but the preservation of these rights, and therefore their source - the procedural status of a suspect, in the future carries little positive, since along with the rights there is a possibility of application restrictions on the suspect,” the lawyer noted. Moreover, he said, despite the clarifications of the Constitutional Court of the Russian Federation that coercive measures should not be applied to a person against whom a criminal case has not been initiated, investigators sometimes apply such restrictions, considering that for a detainee in accordance with Art. 91–92 of the Code of Criminal Procedure of the Russian Federation of a person against whom a criminal case has not been initiated, the procedural status of a suspect is subsequently preserved.
Meanwhile, Konstantin Kuzminykh is confident that in the situations described, after the expiration of the 48-hour and 10-day periods, the person loses the procedural status of a suspect in all respects. “The expiration of these deadlines means the termination of the criminal prosecution of such a person by default,” he emphasized.
“Upon expiration of the provisions provided for in Part 1 of Art. 100 of the Code of Criminal Procedure of the Russian Federation, the period for bringing charges, a person against whom a preventive measure was previously chosen, as it were, ceases his status as a suspect, since he no longer meets this status, taking into account the provisions of Part 1 of Art. 46 of the Code of Criminal Procedure of the Russian Federation,” agreed senior partner of ZKS AB Andrey Grivtsov. “[But]... I have never encountered the fact that in relation to a given person (in a case where charges were not brought within 10 days) a decision was made to terminate the criminal prosecution, much less the right to rehabilitation was explained.”
He also pointed out that some investigators believe that the criminal prosecution in this case did not stop or that the status of a suspect disappeared as if by itself, and interrogate a person in the status of a witness - and this entails a violation of the rights and legitimate interests of the principal. “The correct algorithm for the actions of the investigator in a situation where for some reason he did not bring charges against the suspect within 10 days from the moment the preventive measure was chosen, should, in my opinion, consist in canceling the decision on the selection of the preventive measure after 10 days, issuing a resolution to terminate the criminal prosecution,” the lawyer emphasized.
Chairman of the MCA “Paritet” Erlan Nazarov did not agree that the issue is not clearly regulated in legislation. In his opinion, the deadline is provided for in Part 1 of Art. 46 of the Code of Criminal Procedure of the Russian Federation: this is the time of detention or the period allowed by law for bringing charges, after which the person again becomes the holder of witness status. However, he expressed solidarity with Andrei Grivtsov that suspicions against a person can only be completely removed by a procedural decision of the investigator. “The final document, which completely removes existing suspicions from a citizen, is a procedural decision either to terminate the criminal case completely, or to terminate the criminal prosecution against this particular person in the framework of a case in which other defendants have been brought to justice,” he explained.
Moscow AP lawyer Sergei Polyakov also confidently stated that there is no legal uncertainty in the issue raised. In his opinion, it is incorrect to make the fact of criminal prosecution dependent on the period of detention or the application of a preventive measure, because the end of the period itself is not a basis for terminating criminal prosecution. “I believe that a person previously given the status of a suspect remains such until a decision is made to charge him as an accused (drawing up an indictment) or until a decision is made to terminate the criminal prosecution,” he explained.
Participation of a lawyer as a defender of a person illegally granted the status of a suspect Konstantin Kuzminykh admits that a lawyer, while conscientiously carrying out the defense, can actually worsen the situation of the protected person, by his participation confirming the supposed legality of continuing the criminal prosecution. He recalled the resolution of the Constitutional Court of the Russian Federation, according to which a lawyer as a defender on the basis of Art. 49 of the Code of Criminal Procedure of the Russian Federation is appropriate from the moment of actual detention and the application of other measures that limit his rights as a person suspected of a crime. At the same time, he asked himself: when does such participation end and cease to be appropriate? Is a lawyer obligated to appear before the investigative body to defend a suspect for months or years, i.e. while the criminal case is being investigated?
Erlan Nazarov believes that the protection of the principal in such cases should be based on an understanding of two possible motives of investigators using such measures: 1) the desire to at least formally ensure the interests of a person who can be characterized by the non-procedural term “suspected”, and, accordingly, of the investigator himself criminal case of the body in order to avoid claims and reproaches from the defense and possible consequences in the form of the court recognizing as inadmissible evidence the protocols of investigative actions carried out with the participation of this person, if he were in the status of a witness; 2) the desire to obtain confessions required by the investigation or information incriminating other defendants.
The lawyer of the Central Bar Association of Vladimir, Maxim Nikonov, believes that when investigative actions are directed against a person who has previously formally lost the status of a suspect, he has the right to apply for the assistance of a lawyer, including in accordance with Art. 51 Code of Criminal Procedure of the Russian Federation. If a person, for example, is interrogated on circumstances relating to third parties, and such testimony cannot further influence his procedural fate, he is a witness in the case and has the right to invite a lawyer by agreement, but does not have the right to count on the assistance of an appointed lawyer.
Meanwhile, Sergei Polyakov is confident that interrogating a person whose detention period has expired or 10 days from the date of the election of a preventive measure as a witness is unacceptable. “The defense attorney defending such a suspect must take measures to prevent violation of the client’s rights,” he noted. “If necessary, you need to appeal the investigator’s actions in the prescribed manner.”
Andrei Grivtsov noted that a lawyer, protecting the rights and legitimate interests of his client, as a general rule, must encourage the investigator through legal means to make a decision to terminate the criminal prosecution. “The tools for such “asceticism” are known to all lawyers: petitions, complaints in accordance with Art. 124–125 of the Code of Criminal Procedure of the Russian Federation,” he noted. However, the lawyer made a reservation that with a high degree of probability in practice, the result of such actions can only be a quick filing of charges against the client, i.e. the legal situation in the case is worsening for him, therefore “any step with an appeal against the actions and decisions of the investigator, or a statement about procedural violations must be carefully verified, weighed and planned.”
Erlan Nazarov called Konstantin Kuzminykh’s reasoning regarding the protection of the designated person controversial, emphasizing that no matter how the lawyer views the actions and decisions of the investigator, he must remember his duties and responsibilities towards the client. “The protection of the principal cannot be made dependent on whether, in the lawyer’s opinion, the principal has the status of a suspect, lawfully or not,” noted the chairman of the Paritet ICA. – According to Part 2 of Art. 13 CPEA, a lawyer who has accepted, by appointment or by agreement, an assignment to carry out defense in a criminal case, does not have the right to refuse defense, except in cases specified in the law, and must perform the duties of a defense lawyer - it couldn’t be clearer.” In his opinion, the line that defines the relationship between the lawyer and the client, unless otherwise provided by the agreement, is the decision of the investigator to terminate the criminal prosecution.
Andrei Grivtsov also agrees with him, who unequivocally stated that a lawyer cannot refuse to defend a person “on the sole basis of a different interpretation of the Code of Criminal Procedure of the Russian Federation from the investigator, or the presence of legal uncertainty.”
Maxim Nikonov, expressing a joint opinion, explained that the right to legal assistance, and consequently its implementation through the conclusion of an agreement with a lawyer, arises on substantive, and not on formal grounds. “An agreement concluded with a lawyer for the entire stage of legal proceedings, for example, a preliminary investigation, cannot be considered fulfilled as long as the client is “under attack,” the lawyer believes, “otherwise would mean a refusal to defend.” A similar approach, in his opinion, applies to the work of a lawyer by appointment.
Possible solutions to the problem Konstantin Kuzminykh recalled that in Art. 52 of the Code of Criminal Procedure of the RSFSR, the procedural status of a suspect was provided only for those detained on suspicion of committing a crime and for persons against whom a preventive measure was applied before charges were filed. That is, the Criminal Procedure Code of the RSFSR did not envisage a long-term, and especially indefinitely long, retention of the status of a suspect, and therefore did not envisage an indefinitely long criminal prosecution of a person in respect of whom there is no sufficient information about his involvement in the crime.
The lawyer also told how the issue under discussion was recommended to be resolved by the Model Code of Criminal Procedure for the CIS member states. “Part 5 Art. 96 of the Code recommended indicating that a person ceases to be in the position of a suspect from the moment of release from custody or from the moment the preventive measure chosen against him is lifted,” he explained.
Andrey Grivtsov believes that a way to overcome the existing legal uncertainty may be to amend the provisions of Art. 46, 100 of the Code of Criminal Procedure of the Russian Federation, which would stipulate that if charges are not filed within 10 days from the moment a preventive measure is chosen, criminal prosecution against the suspect is subject to termination on the grounds of paragraphs 1–2 of Part 1 of Art. 24 Code of Criminal Procedure of the Russian Federation.
Forced summons for questioning
If a witness ignores the need to arrive for questioning on a subpoena, the measures of procedural coercion noted in the second part of Article 111 of the Code of Criminal Procedure of the Russian Federation will be applied to him, namely: an obligation to appear (Article 112 Part 2 of the Code of Criminal Procedure of the Russian Federation), a summons (Article 113 of the Code of Criminal Procedure of the Russian Federation) RF), or monetary penalty (Article 117 of the Code of Criminal Procedure of the Russian Federation).
The obligation to appear is a forced delivery by intelligence officers. The basis for this coercive measure is a written order from the investigator, used for persons who deliberately evade appearing on a subpoena. When a police officer carries out a drive, the citizen is informed who and where exactly the delivery is being made. You cannot refuse, since the police will have the right to use special equipment (handcuffs) and force delivery.
The use of an obligation to appear allows the investigative authorities to achieve the effect of surprise without allowing the citizen to prepare for interrogation. The drive procedure should not be interfered with; it can be appealed after execution.
At the initial stage of interrogation, a forcibly delivered citizen must declare the absence of any notifications about the need to appear before the investigator (he did not receive a summons). Also demand the assistance of a lawyer, the right of which belongs to every citizen (Article 48 Part 1 of the Constitution of the Russian Federation, Article 53 Part 2 of the Code of Criminal Procedure of the Russian Federation). The investigator must indicate in writing the request for legal assistance in the interrogation record.
Application to suspects of procedural coercion measures provided for in Articles 91, 92 of the Code of Criminal Procedure of the Russian Federation
Application to suspects of procedural coercion measures provided for in Articles 91, 92 of the Code of Criminal Procedure of the Russian Federation
Detention of a suspect is a measure of procedural coercion applied by the body of inquiry, interrogator, investigator for a period of no more than 48 hours from the moment of actual detention of a person on suspicion of committing a crime, which consists of a short-term restriction of freedom with the placement of a person suspected of committing a crime in a temporary detention center detention (temporary detention center) in order to establish his involvement in the commission of a crime.
The essence of detention is the short-term deprivation of freedom of a person suspected of committing a crime, which, due to its urgency, does not require a court decision for its application.
In accordance with Part 1 of Art. 91 of the Code of Criminal Procedure of the Russian Federation, the body of inquiry, the inquirer, the investigator has the right to detain a person on suspicion of committing a crime for which a sentence of imprisonment may be imposed, if there is one of the following grounds: 1) when this person is caught committing a crime or immediately after its commission ; 2) when victims and eyewitnesses point to this person as having committed a crime; 3) when obvious traces of a crime are found on the suspect or on his clothing, on him or in his home.
If there is none of the above factual data that may be the basis for detention, the investigative authorities may have other data at their disposal indicating a certain person as having committed a crime, and this data may also form the basis for detention, but only if there is one of the four additional conditions listed in Part 2 of Art. 91 of the Code of Criminal Procedure of the Russian Federation, which may include: 1) testimony of witnesses and victims who were not eyewitnesses of the crime, from the content of which it follows that this person is involved in the commission of the crime; 2) testimony of the accused, suspects about accomplices; 3) the results of investigative actions indicating the involvement of specific persons in the commission of a crime; 4) materials of audits, inventories; 5) similarity in characteristics indicated by the victim, witness, etc.
A person is considered a suspect from the moment of his actual arrest.
After the suspect is brought to the body of inquiry or to the investigator, a detention report must be drawn up within no more than three hours (Part 1 of Article 92 of the Code of Criminal Procedure of the Russian Federation). During this time, the necessary data about the detainee must be collected (his identity has been established, etc.) and information about the grounds for detention must be compiled (if they have not been formalized previously, for example, in the case of a person being detained while committing a crime).
In accordance with the requirements of Art. 96 of the Code of Criminal Procedure of the Russian Federation, when detaining a suspect, it is necessary to notify persons specified by law.
The suspect, as soon as possible, but no later than 3 hours from the moment of his delivery to the body of inquiry or to the investigator, has the right to one telephone conversation in Russian in the presence of the inquiry officer, investigator in order to notify close relatives, relatives or close persons about his detention and location , which is noted in the arrest report. If the suspect waives the right to a telephone conversation or is unable, due to his physical or mental disabilities, to independently exercise this right, such notification is made by the interrogating officer or investigator, which is also noted in the arrest report.
The body of inquiry, the inquiry officer or the investigator must notify the prosecutor in writing about the arrest within 12 hours from the moment the suspect was detained. The inquiry officer or investigator, no later than 12 hours from the moment of detention of the suspect, notifies any of the close relatives (spouse, parents, children, adoptive parents, adopted children, grandparents, siblings, grandchildren), and in their absence - other relatives or provide the possibility of such notification to the suspect himself. The notification is issued in writing (certificate) and must be attached to the case materials.
Before the start of the interrogation, the suspect, at his request, is provided with a private and confidential meeting with a defense lawyer.
Assistant Prosecutor
lawyer 1st class V.V. Isaenko
How does witness interrogation work?
After checking the details of the person who arrived on the subpoena, the investigator will explain to the witness his rights and obligations in accordance with part five of Article 164 of the Code of Criminal Procedure of the Russian Federation. What is required is official data, from marital status to being registered at a dispensary (narcology, psychoneurology).
Often, investigators motivate a witness to speak freely by asking them to “tell us what you know about the situation.” By listening carefully to the witness, the investigator will be able to identify his weak points and then build an interrogation around them. The police officer conducting the inquiry will try to bring the witness into a confidential conversation. He will present the most convincing arguments of the investigation after a while and always suddenly, in order to break through the emotional defense of the witness.
It is more convenient for the person being interrogated to participate in the interrogation in the “question-answer” format. By the way, the investigator will be well aware of the answers to the first few questions (up to 5-7 questions). He will try to evaluate from them how sincere the witness is. Keep in mind that the investigator’s task is for the person being interrogated to help him achieve his goal. And nothing else!
Keep in mind that with the procedural status of a witness, the personal interests of a citizen are the least protected (Article 56, Part 6 of the Code of Criminal Procedure of the Russian Federation). The only defense option for a witness invited by subpoena is to participate in the questioning of a lawyer.
When can you refuse to testify?
Only the refusal to testify from a citizen with the procedural status of a suspect or accused is completely safe, in accordance with Articles 46 (Part 4, Clause 2) and 47 (Part 4, Clause 3) of the Code of Criminal Procedure of the Russian Federation.
However, when in the procedural status of a “witness” or “victim,” the citizen is obliged to testify (Article 56, Part 6, Clause 2 of the Code of Criminal Procedure of the Russian Federation). Criminal liability for refusal to provide testimony is not applicable only if the testimony requested by the investigation threatens the witness himself, or his legal spouse, or close relatives (Article 308 of the Criminal Code of the Russian Federation, Article 51 Part 1 of the Constitution of the Russian Federation).
It should be noted that refusal to give testimony, even if there are legal grounds, does not always benefit the suspect or accused. For investigative authorities, a witness’s refusal to provide evidence on the merits of the case is perceived as a tacit admission of guilt. This may become a motivation to revise the procedural status of a witness to a suspect or accused.
It is more rational not to remain silent here, but to prepare for the interrogation in advance, having worked out the position on the case with a lawyer. In addition, the presence of a lawyer during the interrogation will allow the interrogated to maintain psychological calm and reasonably express his position. Moreover, the lawyer will not allow pressure on the client from a police officer trying to obtain testimony that is convenient for the investigation.
Suspect - Article 46 of the Code of Criminal Procedure of the Russian Federation (as amended on December 27, 2019, as amended on January 30, 2020)
1. The suspect is the person:
1) or against whom a criminal case has been initiated on the grounds and in the manner established by Chapter 20 of this Code;
2) or who is detained in accordance with articles of this Code;
3) or to whom a preventive measure has been applied before charges are filed in accordance with Article 100 of this Code; (as amended by Federal Law dated May 29, 2002 N 58-FZ)
4) or who has been notified of suspicion of committing a crime in the manner established by Article 223.1 of this Code. (Clause 4 introduced by Federal Law dated 06.06.2007 N 90-FZ)
2. A suspect detained in the manner established by Article 91 of this Code must be interrogated no later than 24 hours from the moment of his actual detention. (Part two as amended by Federal Law No. 92-FZ dated 04.07.2003)
3. In the case provided for in paragraph 2 of part one of this article, the suspect is given the right to one telephone conversation in Russian in the presence of the inquiry officer, investigator in order to notify close relatives, relatives or close persons about his detention and location, and the inquiry officer, investigator must fulfill the duties of notifying the detention in accordance with Article 96 of this Code. (Part 3 as amended by Federal Law dated December 30, 2015 N 437-FZ)
4. The suspect has the right:
1) know what he is suspected of and receive a copy of the decision to initiate a criminal case, or a copy of the arrest report, or a copy of the decision to apply a preventive measure against him; (as amended by Federal Law dated July 19, 2018 N 205-FZ)
2) give explanations and testimony regarding the suspicions against him or refuse to give explanations and testimony. If the suspect agrees to testify, he must be warned that his testimony may be used as evidence in a criminal case, including if he subsequently refuses this testimony, except for the case provided for in paragraph 1 of part two of Article 75 of this Code ; (Clause 2 as amended by Federal Law dated 04.07.2003 N 92-FZ)
3) use the assistance of a defense lawyer from the moment provided for in paragraphs 2 - 3.1 of part three of Article 49 of this Code, and have a meeting with him alone and confidentially until the first interrogation of the suspect; (as amended by Federal Law dated 06.06.2007 N 90-FZ)
3.1) from the moment of choosing a preventive measure in the form of detention or house arrest, have meetings without limiting their number and duration with a notary in order to certify the power of attorney for the right to represent the interests of the suspect in the field of business activity. At the same time, it is prohibited to perform notarial acts in relation to property, money and other valuables that may be seized in cases provided for by this Code; (clause 3.1 introduced by Federal Law dated July 3, 2016 N 325-FZ)
4) provide evidence;
5) file petitions and challenges;
6) give evidence and explanations in his native language or a language he speaks;
7) use the help of a translator for free;
get acquainted with the protocols of investigative actions carried out with his participation and submit comments on them;
9) participate, with the permission of the investigator or inquiry officer, in investigative actions carried out at his request, the request of his defense attorney or legal representative;
10) bring complaints against the actions (inaction) and decisions of the inquiry officer, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the prosecutor and the court; (as amended by Federal Law dated December 30, 2015 N 440-FZ)
11) defend yourself by other means and methods not prohibited by this Code.
How to behave during interrogation
First of all, ask why they were called. Based on the investigator's response, it may be possible to understand the danger of the situation.
The dialogue with the investigator should be conducted respectfully, addressing strictly “you” and by first name and patronymic. And it doesn’t matter how older you are than the inquiry officer.
Note:
- A witness has the right to testify in a language other than Russian if he speaks it poorly. An interpreter must be provided free of charge (Article 56 Part 4 of the Code of Criminal Procedure of the Russian Federation);
- the witness has the right to petition for the application of state protection measures to him and his relatives (Article 11, Part 3 of the Code of Criminal Procedure of the Russian Federation);
- continuous interrogation lasts no longer than 4 hours, after which a one-hour break is required. The daily duration of interrogation cannot exceed 8 hours (Article 187 of the Code of Criminal Procedure of the Russian Federation).
Often the investigator offers to tell you everything you know about the essence of the case. You shouldn't do this. Ask for specific questions. Don't be talkative - only talk about what the policeman asks.
Maintain a calm tone of speech and do not rush to answer. After listening to the question, pause briefly, then answer. This will prevent the investigator from determining which questions are bothersome to you. If the interrogator tries to rush you with an answer, tell him that you are worried because of the unusual surroundings. It is natural to feel discomfort during an interrogation.
If the question allows, answer “yes” or “no”. Don't give a detailed answer, this is not an exam. If you doubt whether to answer, say “I don’t remember” or “I find it difficult to answer.”
The interrogator may insist on an answer with the phrases “let’s think together” or “you try to remember.” Tell him that you cannot give testimony, the reliability of which you do not consider sufficient (Article 56, Part 6, Clause 2 of the Code of Criminal Procedure of the Russian Federation).
During the interrogation, the investigator will keep a protocol, recording questions that are significant from his point of view and your answers to them. This is his right and duty (Article 166 of the Code of Criminal Procedure of the Russian Federation). If you come with a lawyer, he will also take notes and, based on them, give advice during the interrogation. But even when participating in an interrogation without a lawyer, you also have the opportunity to take notes, since this is not directly prohibited by law.
By taking notes on the main points of the interrogation, you will be able to check with previously stated answers, and at the end of the interrogation, you will be able to compare your notes with the protocol.
Remember that you benefit from anything that gives you time to think about the issue. Write down the interrogation notes slowly, but without delaying the process too obviously. Therefore, when preparing for interrogation, be sure to take a pen and notepad with you.
If, in the event of a change in procedural status from “witness” to “suspect,” you are asked to sign a protocol refusing to have a lawyer, do not sign. The investigator’s phrase “where should I look for a lawyer now, it’s the end of the day (holiday, day off, quarantine, etc.)” is only an attempt to weaken your legitimate legal protection (Article 50, Part 2 of the Code of Criminal Procedure of the Russian Federation).
Never agree to the option of “paying off” - this is a provocation under “giving a bribe” (i.e. under Article 291 of the Criminal Code of the Russian Federation).
What is the procedure for interrogating a suspect?
Interrogation of a suspect is an investigative action that consists of the process of obtaining testimony from him. The suspect’s testimony may relate to any circumstances significant to the criminal case, in particular, suspicions against him. They have a dual legal nature. On the one hand, such testimony is a source of evidentiary information, and on the other, a means of protection against suspicion brought against a person. Taking into account the specifics of the suspect’s procedural status, his testimony is the result of his free will.
A suspect, participating in a criminal case on the part of the defense, may refuse to testify at all, and also does not bear any responsibility for giving knowingly false testimony. Consequently, the content of the information provided by him may change repeatedly. In this case, the refusal of testimony or its subsequent changes may not be interpreted as circumstances confirming the guilt of the suspect.
The interrogation of a person detained on suspicion of committing a crime must be carried out regardless of the will of the interrogated person. Consequently, if the suspect, taking advantage of the rights granted to him, refuses to give evidence at all or does not want to do so at this time, the interrogator or investigator formally draws up an interrogation protocol and records in it the fact of such a refusal.
In accordance with Part 2 of Art. 46 of the Code of Criminal Procedure of the Russian Federation, the suspect must be interrogated in the presence of his lawyer within 24 hours from the moment of his actual arrest. In this case, before the start of the interrogation, at the request of the suspect, he is provided with a confidential meeting with a defense lawyer lasting at least 2 hours. In addition to the defense lawyer, other persons (translator, specialist, etc.) may also take part in the interrogation.
The interrogation of a detained person can be carried out in the office of the interrogating officer or investigator or in a temporary detention center.
In practice, most interrogations of suspects do not take long. However, in some cases, the volume of information provided by the person being interrogated can be so large that the process of obtaining his testimony drags on for several hours or even more. In this regard, the legislator establishes a certain time frame for carrying out this investigative action. Thus, an interrogation cannot last continuously for more than 4 hours, after which the interrogating officer or investigator is obliged to provide the interrogated person with a break of at least an hour for rest and eating. And the total duration of interrogation during the day should not exceed 8 hours. Moreover, if there are medical indications confirmed by a doctor’s report, the duration of the interrogation may be even shorter. And for minors, these periods are halved: to 2 and 4 hours, respectively.
Therefore, if the inquiry officer or investigator does not have time to obtain all the necessary testimony within the specified time frame, the interrogation procedure is interrupted and continues on another day.
Before the start of the interrogation, the interrogator or investigator, having verified the identity of the person being interrogated, explains to him the rights and procedure for conducting investigative actions. The legislator provides for freedom of interrogation tactics. This means that the interrogating officer or investigator, at his own discretion, determines the structure and content of verbal communication (conversation) with the person being interrogated, including asking the necessary questions. Thus, an interrogation can begin with a free story from the person being interrogated and end with questions; in another situation, the interrogator or follower immediately begins to ask the necessary questions, etc. The interrogated person has the right to present his testimony (part of the testimony) in his own hand. However, this freedom of interrogation tactics is limited by the prohibition of asking leading questions, which by their wording predetermine the receipt of the desired answer. When giving evidence, the interrogated person has the right to use documents and records.
The defense attorney participating in the interrogation has the right:
a) give the suspect brief consultations in the presence of the interrogating officer or investigator;
b) ask him questions with the permission of the inquiry officer or investigator;
c) make written comments regarding the correctness and completeness of the entries in the protocol.
The interrogating officer or investigator may reject the defense lawyer’s questions, but is obliged to enter them into the protocol.
The progress and results of the interrogation are reflected in the corresponding protocol. It is customary to record the testimony of the interrogated in the first person and, if possible, verbatim. Questions and answers to them are recorded in the sequence that took place during the interrogation. The protocol also indicates those questions that were withdrawn by the interrogating officer or investigator, or to which the interrogated person refused to answer, as well as the reasons for such withdrawals or refusals. And finally, the protocol must contain an indication of the presentation of certain materials of the criminal case (physical evidence, documents, etc.) that took place during the interrogation and the explanations given in connection with this. Additional means of recording the progress and results of the interrogation of a suspect can be audio and video recordings. In addition, the interrogated person may produce diagrams, drawings, drawings, and diagrams. All these materials are attached to the protocol, about which a corresponding entry is made in it.
The interrogation protocol must be presented to the suspect and his defense attorney for review. If the interrogation, in addition to the protocol, was recorded in some other way, for example through video recording, then the relevant materials (cassettes, disks, etc.) must also be presented for review.
In this regard, it is advisable for the suspect to carefully read the text of the protocol of his interrogation, since, unlike the previously described explanations, his testimony is already full-fledged procedural evidence. And any information contained there can either be used on its own or in combination with other evidence to bring charges against him, pass a sentence, etc. If some fragments of the protocol appear incomplete, incorrect, or distorted, then the suspect must personally make appropriate comments, additions, and clarifications to it.
Unfortunately, in modern conditions, cases of suspects refusing to sign protocols of their interrogations are very common. The same applies to protocols of other actions carried out with their participation, as we have already discussed above. The reason for this and not entirely correct behavior is the low level of legal culture and legal literacy of these individuals. Their logic seems very simple: “If I didn’t sign anything, that means nothing happened, that means I didn’t confess to anything.”
However, such a “way” of exercising one’s rights seems very primitive and absolutely useless. After all, according to Art. 167 of the Code of Criminal Procedure of the Russian Federation, if any of the participating persons refuses to sign the protocol, the inquiry officer or investigator makes an appropriate entry in it, which is certified by the signature of the defense attorney. In this case, the protocol has the same legal significance as when it was signed by the suspect.
Consequently, it would be more rational and correct not to use such a passive, but rather an active method of protection. If the suspect completely or partially disagrees with the information presented, he must note this fact in his own hand at the end of the protocol and describe his position in detail. In this case, it will not remain without due attention from potential readers: the prosecutor, the court, etc.
How to check the interrogation protocol
Of course, the witness is looking forward to the end of the interrogation. I want to quickly leave the interrogation room and return to normal life. But the final stage of communication with the investigator is not the last question and answer - it is checking the contents of the interrogation protocol.
It is important not to rush to sign and carefully read the protocol prepared by the investigator, supplement and correct it. The interrogated person has the corresponding right to clarify the contents of the protocol in accordance with Article 190, Part 4, Clause 4 of the Code of Criminal Procedure of the Russian Federation (certifying the correctness of the protocol).
You should not be afraid of a negative reaction from the investigator in response to the request to correct the text of the witness’s testimony. In a criminal case, the evidence will be the protocol of the investigative action (interrogation) and it is very important that it contains information that reflects the interests of the witness (a summary written down by the witness during the interrogation will be useful).
Here it will be especially convenient to have the support of a lawyer who is accustomed to the interrogation environment and strictly follows the interests of the client. The lawyer will not be afraid of the potentially conflictual atmosphere of communication with an employee of the investigative agency who does not want to supplement the protocol.
Having discovered a distortion of his words when reading the protocol, the witness can and should make corrections to the text of the testimony, crossing out the distorted places and writing his comments over them. If the investigator refuses to change the contents of the protocol, the witness should not sign it, and also make a comment about the distortion of the meaning of his testimony.
Please note: it is the witness, not his defense attorney, who must enter comments into the interrogation document. Otherwise, when assessing this evidence, speculation will arise about the witness’s actual agreement with the testimony, since changes to the investigative document were not made by him (by someone else).
Since a copy of the final text of the testimony to the interrogated citizen is not transferred in the interests of the investigation (Article 161 Part 1 of the Code of Criminal Procedure of the Russian Federation), an audio recording of the interrogation for subsequent decoding or a snapshot of the finished protocol can only be made by a lawyer, an inspection (search) of whom without an appropriate court decision is prohibited by law (Article 450.1 Part 1 of the Code of Criminal Procedure of the Russian Federation). The presence of the text of the testimony will allow the defense attorney to prepare the client for the next interrogation, especially with possible criminal prosecution later.
The suspect's right to know what he is suspected of.
Lawyer Antonov A.P.
In the last part of Art. 46 of the Code of Criminal Procedure of the Russian Federation, the legislator lists the basic rights of the suspect, which, as follows from Part 1 of Art. 92 of the Code of Criminal Procedure of the Russian Federation, are explained to the latter when drawing up a protocol of his detention in accordance with Art. Art. 91 and 92 of the Code of Criminal Procedure of the Russian Federation, as well as before the start of the interrogation of the suspect.
This part of Art. 46 of the Code of Criminal Procedure of the Russian Federation consists of twelve points and begins with the words “the suspect has the right.” The suspect “has the right” means that the suspect has the laws provided for and, accordingly, secured by state coercion, reflected in the commented part of Art. 46 of the Code of Criminal Procedure of the Russian Federation specific possibilities. These opportunities (rights) are provided to the suspect so that he can realize his criminal procedural function.
The first right is the right “to know what he is suspected of and to receive a copy of the decision to initiate a criminal case, or a copy of the arrest report, or a copy of the decision to apply a preventive measure against him.” This right is enshrined in clause 1, part 4, art. 46 of the Code of Criminal Procedure of the Russian Federation. The term “to know what he is suspected of” presupposes, first of all, that the suspect has the right to receive a copy of the procedural document, the execution of which was marked by granting him the status of a suspect. However, this action cannot be limited to the process of implementation by the suspect of what is provided for in paragraph 1 of Part 4 of Art. 46 of the Code of Criminal Procedure of the Russian Federation.
“Knowing what he is suspected of” also means that the suspect must be familiar with that part of the interrogation report that sets out the circumstances of the crime of which he is suspected.
And the most important thing. By granting the suspect the corresponding right, the investigator (interrogating officer, etc.) is obliged to explain to the suspect in an intelligible form what crime he has committed (indicating the time, place of its commission, as well as other circumstances subject to proof in accordance with paragraph 1 - 4 part 1 of article 73 of the Code of Criminal Procedure of the Russian Federation, paragraph, part, article of the Criminal Code of the Russian Federation, providing for liability for this crime) he is suspected.
Moreover, both the fact that he received a copy of the document and the fact that he explained what exactly he is suspected of must be reflected in writing in the materials of the criminal case.
During the preliminary investigation, the suspect is provided with a copy of the decision to initiate a criminal case or a copy of the protocol of his (and not his accomplices) arrest (the decision to select a preventive measure). Actually, that’s why in paragraph 1 of part 4 of art. 46 of the Code of Criminal Procedure of the Russian Federation and we are talking about the right of the suspect to know what he is suspected of.
The suspect is suspected only of the crime that is indicated in the resolution to initiate a criminal case (the protocol of his arrest in accordance with Articles 91 and 92 of the Code of Criminal Procedure of the Russian Federation, the resolution on the election of a preventive measure against him in accordance with Article 100 of the Code of Criminal Procedure of the Russian Federation and (or ) the protocol of his interrogation as a suspect). A criminal case may contain information about the suspect committing another crime. However, until this information has become part of at least one of the specified procedural documents, the suspect is not suspected of committing such a crime from the standpoint of criminal procedural law. Thus, against the investigator (inquiry officer, etc.) clause 1, part 4, art. 46 of the Code of Criminal Procedure of the Russian Federation does not impose an obligation to acquaint the suspect with this type of information. And the suspect has no right to know the contents of the relevant documents.
At the beginning of the first protocol of interrogation of a suspect, it must be noted what he is suspected of, and even before giving evidence on the substance of the suspicion, the suspect is given the opportunity to certify with his signature the fact that the essence of the suspicion has been explained to him. At the same time, the investigator (inquiry officer, etc.) is not obliged to explain to the suspect what evidence the preliminary investigation body has to support the assumption of his involvement in the commission of a crime.
Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.
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