Confrontation

[anya-m]

Confrontation.

Hello. First, I will quote the story in full.

Hello. I’ll tell you about my friend swindle ... not quite an honest person.

In May 2014, dating.ru met a man who introduced himself as Andrey Kravtsov, born May 29, 1978. I talked about my complex life with pleasure and a lot, with which I achieved my disposition, trust and sympathy. He told me that in the past, a homeless child, a veteran of the Chechen war, is currently an employee of the FSB, which for me was not possible to verify and did not raise suspicions, since lengthy “business trips” often coincided with the events taking place in the city and country (summits, etc.). Due to the specifics of his work, he is forbidden to register on social networks, so he is registered under an assumed name as Andrei Ivanov.
At the beginning of my acquaintance, I was informed that he had died a very wealthy stepfather, and Andrei was waiting for the time to pass in order to enter into the inheritance. According to him, he owns an apartment in an elite house for sale, a house under construction in Roshchino and a tourist base in the Leningrad Region near Zelenogorsk, he allegedly lives in an apartment specially rented for employees. He said that several years ago his bride died in a car accident, pregnant with her daughter. He said that there is a twin brother with whom he was separated in the orphanage, allegedly Andrei ran away and became a homeless child, and his brother was taken into the family, adopted and gave his name. In July, he announced that he was terminally ill (a swelling in his head). I don’t know the diagnosis (I didn’t show a medical record), said that it is not possible to surgically treat Russia, Germany, Israel and other countries, but there is a doctor in the village of Elizavetinka, Leningrad Region, who conducts alternative treatment with Tibetan medicines, which are very good relieve headaches and cramps, unlike traditional medicines and droppers. First, he did the so-called “medicinal masks” once every two weeks, then the actions of these “masks” began to weaken, Andrei got headaches, cramps, fainting, and so-called exacerbation, therefore, needed stronger and more expensive drugs every week and more often. In addition to medicines, he also needed money for running expenses, such as more than one car repair and a trip to another city to take the inheritance, purchase of personal items, replenishment of mobile phone accounts. Thus, for the period from August 2013 to November 2013, my beloved took possession of the money I owned in the amount of 250,000 rubles. Money was handed over personally without witnesses. I did not write receipts.

We didn’t live together, under the pretext that Andrei did not want to live on the woman’s territory, when all the difficulties in completing the paperwork would end and the house would be completed, they planned to arrange a marriage and relocation. He promised help with the repayment of the loan, which I had issued before meeting. I don’t have his personal belongings. I bring up my son alone, and, being on leave to care for a child up to 3 years old throughout the summer period, as well as September, were in the country. Andrei came to us and stayed for several days, which can be confirmed by neighbors in the country and several of my friends. I also often visited the apartment, which my friends, relatives and neighbors can confirm. Together we never took pictures; one shot from the summer house was accidentally preserved, where he is from the back, his car is in the background.
Andrei never introduced me to his friends, colleagues and relatives. Events developed so rapidly (sudden breakdown of the car, aggravation of pain) that, having not had time to analyze everything properly, I already gave him the money borrowed from my friends and acquaintances. In November, I began to insist on any real confirmation of his words - either show the property, or introduce someone to someone. On December 3, 2013, after I suggested to him that he was a marriage swindler, and that I planned to file a complaint with him to the police and further to the court, he, being deeply offended, threatened me that my son would suffer the fate of a homeless child, and that he will help, that they will put me in jail for drug trafficking, allegedly, he has witnesses who the next day should have testified where and to whom I sold them. In later communication, he wrote in correspondence. that he’ll return everything, and after a few days he began to turn to me on “you”, write that he did not take any money from me and accuse me of blackmail and extortion.

On December 7, 2013, having carefully studied his contact page, in many photographs I found “I like” marks by various women. I began to write to all of them and find out if this person is known to them, and if so, then under what circumstances did they meet, are they in a relationship, and do they know his current location. Active correspondence ensued. More than 25 women met Andrei on the same dating site, most met him one or two or more times, but for various reasons they did not continue communication. It seemed to everyone the same - Kravtsov Andrey Valerievich, told the same life story, called them from the same number as me, came in the same car and in the same clothes. He had been in a relationship with two women for more than a year (of which half a year at the same time with me) and met some recently and just started to look after.
In the course of communication with the girls, I managed to find out his real name, I found his real page in contact, in the albums there are wedding photos, among them a marriage certificate, family photos, spouse, child, child in his car. The registration address of him and his wife is known, he does not change the mobile phone number.

Until December 7, I continued to get acquainted on the dating.ru website with the same profile of a secured person that I regularly updated and raised in the search, and it also contained information that I was ready to meet every day. To date, the profile and two of the four pages on vk.com have been deleted and two more have been frozen, but I do not exclude the possibility that he continues to get acquainted on other dating sites. Now he continues to communicate with two of the girls I already know, but he does not agree to meetings under various pretexts. He reports on his location that he is not in the city now. Everyone convinces that if they are interested in him on social networks, these are all the slander and intrigues of the blackmailer, and if they offer money for information about him, then he will give more. The fact that several pages were created with different names but with photographs of the same person in the same clothes explains this by the fact that the pictures depict different people - he, and his twin brother, with whom he was separated at the age of eight at orphanage.

On December 12, I wrote a statement to the district police department, but, most likely, the case will be closed due to the absence of corpus delicti in 10 days.
The story is not over yet, from time to time he writes me an SMS with threats, damnations, that I got in the wrong place, that he will write me a statement to the police about blackmail, extortion, slander, and I am already seriously worried, as if I did not have to prove that the victim in this situation is actually me.

At the moment, two criminal cases have been opened (two episodes of fraud). The telephone investigator invited another interview and announced the upcoming confrontation.

Face-to-face If there are significant discrepancies in the testimonies of the previously questioned PERSONS, the investigator shall conduct a face-to-face. It is clear that this investigative action has as its goal the establishment of objective truth, as well as finding out who and why are deceiving, giving false information. After all, the desire to hide something always has a motive. After clarification of general questions, such as: whether the interrogated know each other, in what relations they are, whether they have grounds for a stipulation, etc., -. the interrogated shall alternately state the circumstances known to them, then the investigator will ask clarifying questions, and then, with the permission of the investigator, each of the interrogated has the right to ask his questions to another

I do not conduct bookkeeping, the statement initially indicated approximate dates, the closest to real events. On the advice of the investigators, the amount in the application was reduced to 100 thousand rubles - we took into account only the transfer of funds for medicines and trips on alleged inheritance cases, other expenses, including car repairs were removed from the application.

What plan could there be contradictions? Does he disagree with dates or with the charge as a whole?

I know that on December 19 he wrote a confession, and he agreed with my accusations after correcting the amount down.

Anyone who has ever investigated criminal cases will tell you that the first testimony is the most valuable and most objective. Even if you later refuse them, the investigation and the court will consider them the only true ones, and it is they who will form the basis of the charge and, consequently, the verdict. Therefore, what you say from the very beginning is the most important. If you are not sure of your position, it is better to refuse to testify at all: take a pause for reflection, comprehend everything, and consult.
When making a decision, do not pay attention to threats and persuasion. You should not accept the services of an attorney imposed by an investigator :. Obviously, he will act in his, and not in your interests
. Do not rush And with the writing of the confession
A confession, like a document written by you personally, will serve as practically unbreakable evidence of the charge. But - our legislation is so fancifully designed - the court may not take it into account as a mitigating circumstance in determining the type and amount of punishment. So, trying to improve their situation, some only exacerbate it.

Is there a refusal to surrender? Although, I also know that he and the lawyer planned to raise the issue of reconciliation at the first hearing. How to behave on a confrontation and what to do with dates, if it is absolutely accurate to restore them is problematic?

Regards, Anna.

 

[Матушкин Андрей Николаевич]

Anya on our forum there are colleagues and with investigative experience, we will try to help!

 

[Андрей Захаров]

Anna))) In principle, confession is a document that is tantamount to other evidence collected during the preliminary investigation ... However, its presence is a circumstance mitigating criminal liability, i.e. taken into account by the court in sentencing and provided as such in accordance with Article 61 of the Criminal Code of the Russian Federation. Based on this circumstance-the presence of a confession — a chance for the defendant to receive a “shorter” term ... Will he refuse this opportunity or not- his business ... Regarding the confrontation, confrontation, in principle, is a reproduction of the situation that may arise in court during face-to-face interrogations of process participants and is carried out in order to make sure that the confrontation participants do not change their testimony given in during the preliminary investigation, when the interrogation is carried out only with the participation of one of the interrogated (witness, victim, accused) ... So you should not be afraid of a confrontation ... You only need to "firmly" stand on your testimony given to the investigator before it. .. And that's all ... If during a confrontation, when you’re located, so to speak “face to face” with another of its participants, you will change your testimony - this will be evidence I’ll say that you didn’t tell the truth somewhere and the attitude to the testimonies you previously gave will be appropriate ... The same goes for the testimonies of the other side ... I hope I set out the position in an accessible language and clarifications will be useful to you))))

 

[Роберт]

The fact that you need to adhere to only one line in your testimony is an axiom. And it sways with identifications, confrontations and just interrogations. Your case is promising.

 

[anya-m]

The investigator misled me, invited me to sign a statement of reluctance to get to know the case, demanded that I not set a date in the statement, which grossly violated my rights to the victim. After talking with a lawyer, I went to the department to pick up the application. They did not return it to me, but tore it up. At the moment, the investigator has the same statement from the second victim. The investigation is very passive up to the point that the investigator has questions of such a plan to me: do I have the phone number of the suspect’s wife or do I know the passwords from his social media accounts, the seized computer never turned on for almost two months!

It seems that they want to close the case retroactively, as was the case with the swindler Vlad Divine in Moscow - they waited for the court almost a year, and a week ago it turned out that the case was closed already in November 2013

Is it possible to somehow influence the current situation, turn to the prosecutor’s office so that the investigation of the case can be taken under control?

 

[anya-m]

that's what they answered on 9111

under special control! Do you think the investigator if he is motivated with the prosecutor’s office doesn’t communicate? they interact very closely and know each other well! if they want to refuse to refuse, they will refuse, but you have the right to appeal the refusal to the Main Investigation Department! you can write to the city prosecutor’s office, they will lower them to the ground, maybe the district prosecutor will take control of the case ... but it’s better to give resonance to the case to be announced in the media then they will definitely take it.

There is already a case in the media (caution scammers - virtual gigolos from 01/30/14). A second reportage is being prepared for release with an interview with two victims and a comment by the investigator.

so I don’t understand: the man presented himself as an officer of the FSB - is it okay, since he did not present documents and did not wear uniforms?

 

[Арсен]

The fact is that he can introduce himself as anyone. The main thing is that he did not present the certificate of the FSB officer. And the fact that he
He seemed to be the FSB officer, we believe you, but it will not work to prove it if there are no records. And how did they close the case if
did he confess to a crime?

 

[Eugen]

Article 151. Jurisdiction of the Code of Criminal Procedure of the Russian Federation

1. A preliminary investigation is carried out by investigators and interrogators.
2. The preliminary investigation is carried out:

2) by investigators of the federal security service - in criminal cases of crimes provided for in Articles 189, 200.1, part two, 205, 205.1, 205.2, 205.3, 205.4, 205.5, 208, 211, 217.1, 226.1, 229.1, 275 - 281, 283, 283.1, 284, 322 part three, 322.1 part two, 323 part two, 355 and 359 of the Criminal Code of the Russian Federation;
(as amended by Federal Laws of July 24, 2002 N 103-ФЗ, dated December 28, 2004 No. 187-ФЗ, dated July 27, 2006 No. 153-ФЗ, dated July 21, 2011 No. 257-ФЗ, dated December 7, 2011 No. 420-ФЗ , dated November 12, 2012 N 190-ФЗ, dated December 30, 2012 No. 312-ФЗ, dated June 28, 2013 No. 134-ФЗ, dated November 2, 2013 No. 302-ФЗ)

[DLMURL] https://www.consultant.ru/popular/upkrf/11_29.html#p2804 [/ DLMURL]

Article 161. Inadmissibility of disclosure of data of a preliminary investigation of the Code of Criminal Procedure of the Russian Federation

1. The data of the preliminary investigation shall not be disclosed, with the exception of cases provided for by part three of this article.
2. The investigator or the inquirer warns the participants in criminal proceedings of the inadmissibility of disclosure without the appropriate permission of the data of the preliminary investigation that they became aware of, which they are subscribed to with a warning of liability in accordance with Article 310 of the Criminal Code of the Russian Federation.
(as amended by the Federal Law of 05.06.2007 N 87-ФЗ)
(see text in previous edition)
3. The data of the preliminary investigation can be made public only with the permission of the investigator, the interrogating officer and only to the extent that they will recognize it as admissible, if the disclosure does not contradict the interests of the preliminary investigation and is not associated with a violation of the rights and legitimate interests of participants in criminal proceedings. The disclosure of data on the private life of participants in criminal proceedings without their consent, as well as data on the private life of a minor victim who has not reached the age of fourteen, is not permitted without the consent of his legal representative.
(as amended by Federal laws of 05.06.2007 N 87-ФЗ, dated 28.12.2013 N 432-ФЗ)
(see text in previous edition)

[DLMURL] https://www.consultant.ru/popular/upkrf/11_29.html#p2804 [/ DLMURL]

Article 37. Prosecutor of the Code of Criminal Procedure

3) to demand from the bodies of inquiry and investigative bodies the elimination of violations of federal law committed during the inquiry or preliminary investigation;

5.1) to demand and verify the legality and validity of the decisions of the investigator or the head of the investigating authority to refuse to initiate, suspend or terminate the criminal case and make a decision on them in accordance with this Code;

Article 39. Head of the investigative body of the Russian Federation Code of Criminal Procedure

6) remove the investigator from further investigation if he has violated the requirements of this Code;

[DLMURL] https://www.consultant.ru/popular/upkrf/11_7.html#p687 [/ DLMURL]

Anna contact the head of the investigating authority, and then to the prosecutor.

Maybe I'm wrong, correct the colleagues. (I'm just from Ukraine)

 

[Адвокат]

Eugene did not comment on the reason for quoting the provisions of the Code of Criminal Procedure of the Russian Federation, therefore I will not speak on this part of the post, but I support the advice on communicating with the head of the investigative body. There is a possibility that in a conversation it will be possible to understand the mood of the investigation, in addition, if the proceedings are completed, please send a written Request for the opportunity to familiarize yourself with its materials and make copies of them - Your right (Art. 216 of the Code of Criminal Procedure of the Russian Federation: [DLMURL ] https://www.consultant.ru/popular/upkrf/11_38.html#p3588 [/ DLMURL]). Take a camera with you, just practice taking photos of documents at home (the cameras have a function for this - macro photography). At home, in a relaxed atmosphere, having studied the case materials, you will be able to understand the prospects of the case. At a minimum - it is discontinued or sent to court.

Based on the information received, it will be possible to determine what to do next.

 

[anya-m]

The accused does not have the right to refuse to participate in a confrontation, but has the right to refusal to testify against himself on the basis of Article 51 of the Constitution of the Russian Federation .

In fact, it was, not a single question was answered. What is the likelihood that in court he will deny everything at all, and refer to the fact that there are no receipts? After all, fraud is based on that - to take money without the intention to give it back.

Art. 159 h2, 159 h2 UKRF - taking possession of money by deception, taking possession of money abuse of trust.



The case is completed. The victims were familiarized with the case materials, if the accused and the defense counsel did not write petitions, the case would soon be transferred to the prosecutor's office and further to the court.

Is valid

the victim (witness) is the first to give testimony at a confrontation, thus securing his testimony, and the confrontation protocol becomes yet another proof of the guilt of the accused of the crime he is charged with.

?