If called to testify

If called to give explanations

Let's say right away, it is not necessary to go and report. Unlike interrogation, giving explanations is not regulated by either the Criminal Code or the CPC. The laws prescribe only the possibility of obtaining an explanation, but there are no sanctions for refusing to give it. So, you can not give any explanations, no matter how frightening. Sometimes police officers send subpoenas by registered letters demanding to appear for an explanation. But they have no legal force and even registration numbers. 

The disadvantage of non-appearance is that employees will suspect you of hiding information and will start connecting other tools. To avoid this, it is better to come and give an explanation on the fact of the inspection. 

Do not treat him lightly. When giving an explanation, remember that it can form the basis for initiating a criminal case. Yes, this document is not regulated in any way, but its power in practical application is very great. If you have written an explanation and signed, consider that employees can make certain decisions. 

Usually the explanation is dictated by a police officer, but sometimes a person writes himself. If an employee does this, it is necessary to double-check the text so that the meaning is not distorted. Police officers often distort and substitute concepts in the explanation, so that in the end it will play one or another role within the framework of this check. And there are only two roles: either the initiation of a criminal case, or the refusal to initiate it. For example, you said that you were threatened and insulted, and they can replace it with the phrase: "there was an interpersonal conflict", thereby getting rid of unnecessary information for them. Or vice versa, to make certain additions so that the information falls within the meaning of the crime.

You should not be afraid to give explanations, but it is better to do it prepared. It may happen that after questioning you as a witness, you will be recognized as a suspect. If you do not know how to behave, what to say, then it is better to say goodbye to Article 51 of the Constitution of the Russian Federation and refuse to give any testimony and explanations without a lawyer. 

If you have received a summons from the authorities, you can ask for help from our lawyers.