How to behave a witness during interrogation?
If you are engaged in business and interact with a large number of contractors or participate in public procurement, there is a possibility that law enforcement officers may be interested in you 👮
The easiest way for an investigator to extract information is to summon him for questioning. If the investigator gets what he needs, it can have negative consequences for your business. Therefore, we will give some simple and effective tips on how to behave during the interrogation 👉
1️⃣ Gather information. During the conversation, find out from the investigator why you are summoned, in which criminal proceedings, what actions the investigator plans to take with your participation. If you have been sent a summons, copy and Google the number of the criminal proceedings. Information on your case can be published in the register of court decisions, and this will allow you to understand the essence of the case and better prepare for questioning.
2️⃣ Get a lawyer. The basic rule is to never go to the interrogation yourself. The presence of a lawyer will deter the investigator from abuse. The lawyer will also prepare you for questioning and will take communication with the investigator.
3️⃣ Don't talk too much. Give short answers to the investigator's questions that you are sure of. If you don't know or don't remember something, say so.
4️⃣ Check your impressions. Before signing the report, carefully read the content of the impressions, if necessary, make adjustments and sign under the impressions on each page of the protocol. Cross out the free columns to avoid posts.
🕐 The investigator may summon for questioning not earlier than 3 days before the scheduled interrogation date, so you will have plenty of time to prepare.
How to act during a search?
Every year, law enforcement officers increase the number of searches, which constantly affects the work of business❗️
However, why have searches become more frequent? The law allows law enforcement officers to easily initiate criminal proceedings in minutes, which they enjoy. It is also easy for an investigator to obtain a court decision on a search.
Therefore, we recall the basic rules of conduct during the visit of law enforcement officers, relevant for both business owners and employees.
✅ Tell your lawyer. Searches are always unexpected. Make sure you sign a contract with your lawyer in advance, as his or her presence prevents him from being abused by investigators and operatives.
✅ Request a copy of the search warrant. The address in the decision must match your address. Already at this stage, it is possible to legally prevent a search, only after carefully reading the court decision!
✅ Require identification. Only an investigator or prosecutor can conduct a search, it is possible to find out about the status of a person only from a certificate. In addition, if there is an abuse on the part of the participants in the search, you need to know exactly who conducted it, so that later it was possible to bring this person to justice.
✅ Concerning mobile phones and data carriers. They should not be in a prominent place or on the desktop. It is best to keep with you, the phone should be put into silent mode.
✅ We don't pass anything at militiamen. You do not have to tell anyone your passwords.
✅ We do not give any impressions. When asked to speak, he refused to testify. Only officially, due to the service of the summons 3 days before the date of interrogation.
Following these simple tips will help you get searched with minimal risk to the team and the leader.
Do you need to prepare for a search? Order trainings for companies
More tips read in the article by Dmytro Nikiforov, a partner at Bargen Law Firm
Seizure of company accounts. What shall I do?
Do you do business, interact with a large number of contractors or participate in public procurement?
⚡️Then it is very likely that one day law enforcement officers will block the company's accounts in court, attributing involvement in embezzlement or cash withdrawal.
However, it is quite possible to cancel the seizure of the company's accounts in criminal proceedings. To do this, you need to apply to the court to lift the seizure of property. What arguments should be chosen for the court? 🧨
✅ No suspicion. The investigator did not raise any suspicions against the officials of the enterprise in committing any offenses in these criminal proceedings, which indicates a lack of connection with the persons involved in the case.
✅ The reality of business transactions with the contractor against whom the criminal proceedings are being investigated.
Attach evidence that will confirm the performance of the contract with the contractor (copies of contracts, acts of work performed / services provided, consignment notes, explanations of persons involved in the performance of the contract).
This will help to confirm the absence of any illegal actions on the part of your company, as well as confirm that the seized funds were obtained legally and have no signs of physical evidence.
✅ Improper subject of appeal. If there is no official suspicion of the company's management, the company has the status of a person whose property has been seized. In this case, only the prosecutor, not the investigator, has the right to request the seizure of the account. Violation of the arrest procedure may also be a reason for its cancellation.
✅ Depending on the situation, it is possible to note the absence of losses; no civil lawsuit; delaying the investigation of the case in order to prevent the lawful economic activity of the enterprise, which leads to significant material damage.
A well-prepared petition to lift the seizure of accounts is a guarantee of a positive court decision 👌
You can read more about the lifting of the seizure from the accounts in the article by Bargen partner Dmitry Nikiforov (https://bit.ly/35NjiSX).
Criminal case as a result of inspection of the enterprise
In 2020, regulatory authorities plan to conduct 92 thousand inspections. Earlier in the article on the consequences of inspections of regulatory authorities we described one of the main risks for business - going to court to sue to stop the company. However, the supervisory authorities, after conducting inspections, also began to turn to law enforcement agencies.
What are the grounds for appealing to the law enforcement agencies?
👉 Non-admission of the inspector to the inspection
👉 Violations of safety rules that pose a risk to human life and health or the environment
Criminal case creates additional risks for business:
📌 Carrying out a search on the territory of the enterprise
📌 Equipment arrests
📌 Removal of documents and videos from surveillance cameras
📌 Demoralization of the team
To avoid negative consequences, we recommend conducting an audit, legal training of employees, support of the inspection during and after it.
💫More about the criminal risks of inspections of regulatory authorities, case law and recommendations for protection read in the article by Bargen partner Dmitry Nikiforov
Agreement on conciliation in a criminal case
You may have seen in American films how criminals come to an agreement with the prosecutor to get less punishment пока In Ukraine, there is a similar tool that allows you to enter into an agreement between the victim and the accused 👉
When does it work?
💼 In small cases. There are many cases in which the owner can be distracted in court. For example, theft of property or money of entrepreneurs, various types of fraud committed by anyone (visitors, sellers, cashiers). If the case against the person has already been sent to court, and you have been recognized as a victim, then in such cases the agreement will save your time. The court considers the agreement in 1 session.
What is it interesting for an entrepreneur?
📌 The agreement may provide for compensation for damages in a specific period in exchange for a lesser penalty or probation. The interest of the accused is clear, so there is a real chance to get compensation.
📌 Who can initiate the agreement?
Both the accused and the victim. The agreement is approved in court with their participation, so you will have to appear in one hearing за
More about concluding a reconciliation agreement read in the article by Bargen partner Dmitry Nikiforov.
Criminal offenses and consequences for business
From July 1, the Criminal Code introduced the concept of "criminal offense" 👮♀️ In simple words, it is like a light version of crimes that are considered under the simplified procedure and for which a person does not receive a criminal record.
How will this affect the business?
The changes create risks of increasing the number of corporate frauds ⚠️
From now on, the seizure of funds in the amount of up to UAH 100,000 is not a crime but a misdemeanor. That is, a scammer can simply pay a fine and not even get a criminal record‼ ️
How to detect?
In most cases, such frauds are committed by employees who have access to finance 💰 For example, an unjustified decline in the financial performance of an enterprise is an indicator of fraud.
The phenomenon is so widespread that even the absence of detected cases of theft in recent years can only indicate their clever concealment. Therefore, it is time to audit and pay attention to employees who have access to cash, bank accounts or valuables.
Businesses at all levels suffer from corporate fraud. What do we recommend to the owner?
✅ Periodically engage an external consultant to conduct the audit
✅ Switch to non-cash forms of payment
✅ Introduce a control system that will monitor the movement of finances
✅ Create a transparent system of motivation for employees (bonuses, bonuses)
Adherence to these recommendations will significantly reduce the risks of corporate fraud 💰
Can investigators send summonses for questioning in messengers? 📲
⚠️Recently, investigators have replaced the practice of sending summonses by mail to a more convenient one for themselves. Agendas are sent directly to Viber, WhatsApp, Telegram, etc.
Do you have to appear before the investigator on a certain date and time?
The law defines the following methods of calling:
1️⃣ direct delivery of the summons to the person;
2️⃣ sending it by mail, e-mail or facsimile;
3️⃣ making a call by phone or telegram.
As there is no mention in the list of sending summonses to mobile applications, the investigator has no right to send them to Viber, WhatsApp, Telegram, etc., and you are not obliged to appear before the investigator.
What do courts take into account if an investigator requests permission to force a person to appear due to non-appearance?
✅It is not possible to confirm that the summons was sent by the investigator and the recipient's number is assigned to a specific person
✅ The profile photo in the messenger is also not a confirmation of receiving the summons, because every user has such an opportunity
✅ The law does not provide for calls via mobile applications, as it is not possible to confirm receipt of the summons by a person.
What to do in case of receiving a summons in the application?
💡Do not reply to messages
💡Send the summons to your lawyer for advice
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