What is the risk of failure to appear on the agenda to the investigator

According to procedural legislation, non-appearanceon the agenda to the investigator without valid reasons can result in very unpleasant consequences for the participants in the criminal case. But only if this document was handed over to the called person or one of his relatives who signed such a commitment. In a different situation, there should not be any problems.

Receiving

According to Art. 188 of the Code of Criminal Procedure, the witness of crime or the victim are summoned for procedural interview to the investigator only by a summons. In this case, the person must deliver the document personally and under the signature. Otherwise, a citizen may simply not appear for questioning in the future, justifying this fact by not being properly notified. But he will be absolutely right. In addition, if a person who needs to deliver a summons is temporarily absent, it can be transferred to the signature of one of the adult members of his family.

This document is also given throughadministration of the place of work or study. In the latter case, this applies only to individuals who are not 16 years old. In addition, these minors are summoned for procedural conversation through their legal representatives. In the event that a person has been informed of the invitation to be questioned properly, failure to appear on the summons to the investigator can have very unpleasant consequences, up to the drive and imposition of pecuniary punishment.

Sample

When calling a citizen to the investigator, it is necessaryto properly execute the procedural document. It should indicate in what capacity this person is called, for what purpose. Also, all the unpleasant consequences that a person expects should be listed in the event that his failure to appear on the agenda to the investigator has no valid reasons. As a rule, a citizen must confirm his absence with appropriate papers. This document is completed as follows:

• The summons for interrogation
  00.00.00 years, city ______________
  
  In accordance with Art. 188 of the Code of Criminal Procedure, you must appear 00.00.00 in the police department of the city of ________ as a witness in case No. ___ for testimony. It is necessary to have a passport or other document proving your identity. In case of failure to appear without valid reasons, you may be subject to procedural coercive measures provided for in art. 111 CCP.
  
  Captain of justice
  __________________ (signature)

From this example it is clear that the employeelaw enforcement bodies indicate in the document all the consequences that await the person who was duly notified of the summons for questioning, but did not appear on him. Therefore, failure to appear on the summons to the investigator must be officially confirmed. For example, a hospital sheet.

Drive unit

In the event that a person summons thethe investigator, then this citizen must appear at the appointed time to the authority specified in the document. Otherwise, a person can be brought there by force on the basis of a decision of a law enforcement officer.

In addition, a citizen who issummons, must necessarily notify the investigator of his failure to appear, if there is a valid reason for this, then confirm his words with a written document. In this case, the police investigator will not expose the person to the drive, but simply appoint another time for procedural conversation. Here it should be noted that this measure of procedural coercion can be applied to suspects and accused, victims.

The drive does not apply to persons whothere are no 14 years, to women waiting for the appearance of a child, and sick people who, for health reasons, must stay at home. In addition, this measure of procedural coercion is not carried out at night. In the event that a citizen is subjected to a drive, this should be argued in a resolution issued by the police investigator.

Commitment

Responsibility for failure to appear on the agenda tothe investigator will come only if the person has been notified of the forthcoming procedural interview properly. Even if a person received this document in his hands, but did not put his signature on another copy, which is returned to law enforcement agencies, it would also mean that the citizen knew about the upcoming questioning. In this case, the investigator may apply to that person the obligation to appear. It will consist that the citizen should come to law enforcement bodies on the first call of the employee. Otherwise, preventive measures may be applied to him.

In addition, this obligation is not appliedonly to suspects, defendants, as well as to witnesses and victims. By signing such a document, the citizen assumes certain functions, which are, first of all, to inform about the change in his place of residence to the investigator and to appear on his first call. Of course, this is an extreme measure of procedural coercion. It is used only if the law enforcement officer is not sure that the person will appear for interrogation on his own. Therefore, having received such a document as a summons, the witness must arrive at the appointed time to give testimony to the body that is indicated in it.

Recovery

Another equally sad consequence of non-attendancesubpoena - an unfair witness may be fined a little. The monetary penalty in this case is provided in art. 111 CCP. It is a measure of procedural coercion. That is why the summons to the police is considered a serious document, which must also be taken responsibly.

Handing over

According to Art. 188 of the Criminal Procedure Code, the summons must be submitted to the person personally against the signature. In the event that the citizen is absent, it can be handed over to another adult member of his family. If a person did not sign on the agenda, but received it, he is considered aware of the summons to law enforcement agencies. Failure to attend to the investigator in this case will bear unpleasant consequences.

If the witness being summoned does not reach the agesixteen years, the summons must be handed to him through the parents or the administration of studies, work. The latter at the same time commit themselves to transfer it to the addressee. If a citizen does not sign on the agenda, then a corresponding entry is made on that document, which is returned to the law enforcement agencies.

Effects

A citizen who is called to proceduralperson on the summons, must appear at the time specified in it and at the indicated address for giving evidence to the investigator. Otherwise, the measures provided for in Art. 111 CCP. If an individual is unable to arrive at a law enforcement officer within a specified time due to illness, business trip or other good reason, he must report it, and then confirm his words with official documents. As a rule, the investigator always comes to meet the person. He will postpone the interrogation for another time if there are valid reasons or will hold it in the house of a witness or victim.

Value

The agenda is a procedural document,which is issued only to those persons whose testimony can help the investigation to solve the crime as quickly as possible, therefore this document must be taken very seriously. As a rule, the summons specifies, in what capacity and to what address the citizen is called. A note is also made that in case of failure to appear at the specified time a person may be subjected to a drive.

Defender's help

Use the services of a free lawyercan only suspects and defendants. A witness has the right to the assistance of a defender who he provides for himself. This rule must be specified in the procedural document. It should also be noted that the agenda is handed to the person in person and against signature. If a citizen refuses to receive this document, then this must be recorded.