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Very important question. The correct position in a criminal case is the basis of a good defense. When they begin to change their testimony, expressing new versions, there is no trust in such testimony. Why make things worse for yourself with the wrong choice. I will say right away that choosing a position on a case is rarely the right one. Why? This is hampered by explanations and testimony that a person gives immediately after arrest, without thinking or under the threat of beating. What is a good position on a case? 1. Your position must be supported by evidence. That is, it is necessary for witnesses to confirm with their testimony what you said. It is better that the expert conclusions, at a minimum, do not contradict your position, but better yet, prove its correctness. This, of course, is an ideal option, but we must strive for it. 2. The position must be supported by your testimony. Oddly enough, it happens that a person declares innocence, but in his testimony reports the opposite. This happens when the person being interrogated does not understand the legal significance of the facts he is reporting. 3. It is better, as far as possible, that the position on the case does not contradict the positions of other participants in the case, if any. 4. It is better if the position is clearly formulated and unchanged from the first interrogation. This is not a dogma, all sorts of options are possible, but it is much more difficult to explain why a position is changing than to stand firmly on one’s own. That's not all that can be said about a good position, but it's enough for now. Now about how to choose the right position on the case. The right one is the one that allows you to achieve your goals. Therefore, when choosing a position, you need to answer yourself - what do you want. There are a lot of options here. For example, a person may want to reduce the sentence because he understands that there is a lot of evidence. In this case, it makes no sense to declare one’s complete innocence. Then we can talk about a partial admission of guilt, maybe in certain episodes. When can you clearly state your position? When the necessary information is available for this purpose. For example, immediately after arrest, a person, as a rule, does not have any information. Moreover, the operatives or the investigator will persistently offer to admit their guilt (sometimes someone else’s). In such a situation, it is difficult to correctly assess the situation in order to make the right decision. Therefore, there is no need to declare anything right away. It’s better to wait, think for yourself, consult with a lawyer, and then make a decision. Another important point. The position proposed by the lawyer must also be evaluated; he is only an adviser; in the end, only you are responsible for your life and health, as well as for what you say in the case. Beware of lawyers who, without sufficient arguments, offer to immediately admit their guilt. If you see this defender for the first time, then think that you (like everyone else) have no friends and saviors in criminal proceedings, there are only people with different interests. Always think about your interests, a defender can be of help, but he is not a savior, he can also make mistakes, and sometimes he is simply negligent in his duties. Of course, it is better that you formulate the correct position together with a lawyer you trust. He can study the available materials of the criminal case, assess the situation, predict the development of the case, and then develop the correct position on the criminal case. Pichugin V.G., Ph.D., Associate Professor of the Financial University under the Government of the Russian Federation.

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