A suspect is a person who is suspected of having committed an offense, but has not yet been charged. A person can fall into this category if he has confessed to law enforcement bodies, or a criminal case has been instituted against him, or from the materials of any audit, facts have become known that indicate a crime.
The rights
Despite the fact that the suspect is suspected of having committed a crime, such a person has rights that will allow him to defend himself against unlawful charges.
First of all, a suspect is a person who has the right to know what he is suspected of. He has the right to demand a copy of the decision to institute criminal proceedings, to apply a preventive measure against him or a document of detention.
The Constitution and the CPC provide for the following rights:
- give evidence;
- refuse to testify and explain;
- resort to the help of a defender;
- provide evidence to the investigator (interrogator), protect yourself in other ways;
- request an interpreter, which should be provided free of charge;
- to challenge and petition;
- get acquainted with the protocols that are formed throughout the investigation;
- take part in investigative actions, but with the consent of the investigator.
Responsibilities
Along with fairly broad rights, ordinary suspects have no less obligations, namely:
- if the suspected person has not been taken into custody, then, upon call, to appear to the investigator or interrogating officer;
- not obstruct truth;
- not hide from law enforcement;
- not to hide from the appointed examinations and examinations;
- do not commit a crime.
In turn, the investigator (interrogator) is obliged to explain to the person who is suspected of committing a crime, his rights and obligations, to warn of responsibility for giving false testimonies.
Detention
A suspect is a person who may be detained by law enforcement officials in the following cases:
- if it is caught at the time the offense is committed;
- if the witnesses of the crime, the victims point to a specific person;
- if traces of a crime are noticed on a person’s clothes or body.
If at least one circumstance is present and the suspect is trying to hide, or he does not have a permanent place of residence, or it is not possible to establish his identity, then such a person may be detained.
If the investigator (interrogator) considers that it is necessary to detain the suspect, a petition is filed with the court to select a preventive measure with prior approval of the senior management or prosecutor.
Detention itself is a measure of procedural coercion that can be applied for a period not exceeding 48 hours. The detention protocol must be drawn up no later than 3 hours after the actual detention.
Interrogation
A suspect is a person who will be interrogated without fail, as he is a key figure in any criminal case. The testimony of the suspect is both a way of his own defense, and for the investigator - the opportunity to obtain evidence of the crime.
According to the requirements of Article 46 of the Code of Criminal Procedure, the interrogation of a suspect must be carried out within 24 hours from the moment of detention. If this person requires a lawyer, they must provide him. The suspect and the lawyer can communicate privately for at least two hours and always before interrogation.
The interrogation procedure itself can be carried out both in the investigator’s office and in the temporary detention center.
Before the investigator begins the interrogation, he must verify the identity of the suspect, explain to him his duties and rights. At the legislative level, there is no clear structure for the interrogation, that is, the investigator is given almost complete freedom, of course, provided that the rights of the interrogated person are respected. The investigator has no right to ask leading questions, that is, to formulate them so that an answer already follows from him.
The entire interrogation procedure, questions and answers should be recorded in the protocol, which is signed by all participants. During the interrogation, the lawyer has the right to give advice to his client, to submit oral and written statements.
Interrogation Dates
The suspect must remember that the duration of one continuous interrogation should not exceed 4 hours. If during this time it was not possible to obtain all the necessary information, then a break of one hour should be provided for eating and resting. Within one day it is allowed to conduct an interrogation of no more than 8 hours.
If we are talking about minors, then the total duration of the interrogation may not exceed 4 hours with a break after 2 hours.
If there is a medical report, the main suspect may be questioned even less.
Familiarization with the protocol
Each suspect, however, as well as other participants in the criminal process, is advised to carefully familiarize himself with its contents before signing the protocol. This document is already procedural evidence and, together with other evidence, can be used to bring charges.
Each suspect has the right to amend, clarify and supplement the interrogation protocol. In practice, many suspects evade signing the protocol, which is completely in vain. The main suspect, like other participants in the criminal process, must remember that refusal to affix a signature is a primitive way of defense, although it is provided for in article 167 of the CPC. In fact, the investigator (interrogator) shall mark the refusal to sign the document, and if a lawyer is present, he also affixes his signature. As a result, the protocol acquires legal significance despite the absence of the signature of the suspect.
Every suspect must remember that the Constitution guarantees absolutely every citizen the right to protection. Therefore, you should never refuse professional help, because this is a real opportunity to stop violations of the law by law enforcement officials.