– Let’s start with the essence of the prosecutor’s work. Until 2007, investigators were empowered with the powers of existing prosecutors and acted as prosecutors investigating cases in parallel. What does the prosecutor’s job look like now?
– The prosecutor is responsible for coordinating the fight against crime, that is, he monitors all law enforcement agencies.
According to the latest information, we have a regular number of employees at the prosecutor’s office. (from 2021)) At least 51,319 people by presidential decree. And the number of prosecutors in Russia is double that in Germany, for example. In the West, the prosecutor is the same investigator who collects evidence and goes with him to court.
In Russia, the prosecutor conducts an inspection. That is, the main function of the prosecution is to control compliance with federal legislation; they augment or supplement other state bodies. But prosecutors do not directly interfere with the activities of law enforcement agencies, but they can control and coordinate their work.
– It would seem that programs like “Prosecutor Check” are more like fantasy?
– Prosecutor’s employees usually do not have time to watch such programs. I’ve never seen them either, but I know they exist. The attitude to such shows is sharply negative for a reason – this is a type of drama that has little to do with real life. 20% of something can match, but no more. Such a show for housewives.
Any other program like “Prosecutor’s Check” or “Judicial Clock” is a corruption of the population, because stupid things are planted in people’s minds and then they come to the courts, the prosecutor’s office, and other departments. This is my honest opinion.
– How much do investigators of the prosecutor’s office earn now?
– In the districts, the average salary of a prosecutor’s office is 70-80 thousand rubles with about 10 years of work experience. If we consider the Moscow prosecutor’s office, that is, one level higher, then on average you can get 20% more. In the Office of the Prosecutor General, the salary of an ordinary prosecutor of a department is about 120-150 thousand rubles.
– Salaries, I must say, do not seem very high. But surely there are many privileges?
– In fact, there are no special privileges, except for a stable salary, benefits and the most outstanding. Yes, you can take advantage of the situation, for example, if the traffic police stopped you, but nothing more than that.
According to the Law on Administrative Violations, no protocol can be drawn up against the prosecutor. A traffic policeman, finding out the violation of the prosecutor, must draw up a report, compile the materials and send it to the workplace – to the prosecutor’s office, where he will decide to punish the employee with disciplinary or administrative punishment. responsibility.
This rule was introduced because the Prosecutor’s Office supervises the police. That is, it should be understood that the police can simply take revenge, using their abilities. Immunity granted by law to the prosecutor is a good barrier against coercion.
Bribery is perceived by the public as an ordinary additional income for law enforcement. Is this true?
Often bribes are offered. But I would like to point out that our country is characterized by “bribery-gratitude” to the employees of the prosecutor’s office. When people come across a kind of unlawfulness and come to the prosecutor’s office and are helped, they want to bring something and thank themselves in this way.
The most extraordinary example of such bribery in my service was a convicted murderer. The alcoholic man freed himself and came to thank me for my tender dealings with him. Brought me “coward” (a small bottle of alcohol or an alcohol-containing liquid. – “socialbites.ca”). I looked at him and said: “Of course, thank you, but I don’t drink, especially since I’m at work. If you want to please me, drink alcohol, drink to my health, but don’t try to kill anyone anymore.”
My second case was similar, an Azerbaijani citizen was convicted of bribery and came to me the same day with an envelope of money for not jailing him.
And it cost me dearly to convince him that this is not how things work, that I don’t need the money. He tried to give it anyway, until I threatened him with the Economic Security and Anti-Corruption Department officials who detained him last time.
We always try to convince a person that it is not necessary to do this. People who have served their sentences are grateful to prosecutors because they communicate with them in a normal and polite way. Therefore, citizens do not perceive these bribes as a bad thing – for them it is gratitude.
— And, for example, if you consider the received case and realize that it was sewn with white threads. Is it possible to be sure that the researcher is deliberately producing evidence?
– Yes, you can understand. There are many situations in which the researcher gives wishful thinking. By the way, this is one of the important functions of the prosecutor’s office, which cuts such cases and does not accept indictments against them. For example, someone is distorting the facts during the investigation phase and it is difficult for the prosecutor to influence at this stage. But when the case comes to him with the indictment, he can use all his powers there: he does not confirm the charge and returns the case for further investigation.
– What to do with the researcher in this situation: start an internal check immediately or talk to a colleague?
– The prosecutor can make a presentation to the head of the investigative body, but he is not interested in solving it. It is the head of his subordinate – the prosecutor sends something like this, and then his corporatism opens. In extremely rare cases, researchers begin to pull hard.
– And you were personally asked to brake the case and make sure that the accused does not go to jail?
– The question is not addressed here, because since 2007 the investigation was taken from prosecutors – that is, it cannot directly imprison someone. The prosecutor, of course, has the opportunity to influence the investigating authorities: by persuasion or by some form of cooperation. However, the prosecutor has no direct authority to send a citizen to prison.
– Of course, friends often ask for help “in their own way”?
– Yes definitely. This happens regularly. The most common requests are for help with problems with the traffic police. However, questions about how to “divert” a criminal offense are very rare. And the home help is regular.
– There is a stereotype that prosecutors, who are the antipodes of lawyers, do not like them most …
– Not at all. There is no talk of any hatred – rather a bit of negligence, because the prosecution is to some extent jealous of the lawyers. Their wages are many times higher, so they are believed to be a kind of white-handed, everything falls from the sky to them.
There is a corresponding institutional stance among prosecutors – after all, they are parties to the prosecution, unlike lawyers. And the general irritation from a particular person involved in the process depends on the personalities. Sometimes the judge can be annoying.
– What kind of relations does the prosecutor’s office have with representatives of other departments? Is there anyone you are most nervous about?
– Not exactly. Here together with the investigation – the prosecution is constantly checking them, because not very competent people work there, there is also a spindle. As a result, a large number of procedural errors occur. For this reason, prosecutors demand that they abide by the law without stopping, both in the investigation and determination of cases.
Also, citizens sincerely perceive prosecutors – they have a kind of love for people. For most people, this is real authority that can protect and help.
– You mentioned the “love of people” – is this a reason to argue that prosecutors are the most loyal? At least at the level of relations with citizens.
– Operas have the toughest interrogations – when they take a person, they have absolutely no premonition, no texture and no evidence of guilt, except a hunter’s instinct. Thus, they can both pressure them morally and apply physical force. No lawyers around.
The researcher behaves more academically – morally he can only suppress a little, but does not use force.
The prosecutor in court is a purely light version. “Tell me, please, you explained it here ..” etc. There is a procedure for court session, it’s pretty strict: audio recording, witnesses. Any careless expression may be used by the defense side.
– Is the prosecutor’s authority sufficient, for example, to influence a judge or witnesses?
– Let’s be realistic: the prosecutor cannot influence the judge because he perceives the prosecutor as a lower-skilled employee. Such a food chain.
But there is an impact when working with defendants, victims, witnesses. Since these people are so simple, experienced prosecutors can do wonders – they almost go zombies.
– Relationships with lawyers and judges are open. But what about their direct counterparts with blue shoulder straps – competition for high-profile cases?
– Direct combat – absolutely not. If one of the prosecutors is doing well in court, shooting the process, or just outwardly attractive for the picture, then it’s a priority. And yes, the most beautiful are often chosen for high-profile cases.
Also, the choice of the prosecutor depends on what level the prosecutor’s office approves of the indictment, if the general or Moscow – there is a circle; if it’s regional, then it’s all the same.
– Now that we’re talking about high-profile cases, what “guidelines” are there for cases where the accused is a former law enforcement officer?
No mercy or sympathy. If the accused is a law enforcement officer, there is even a certain setting that will be as difficult as possible. And, of course, if it is some kind of useful employee or someone’s relative, such processes proceed quickly and quietly.
– Let’s talk a little bit about the disadvantages of the profession. Brutal murders, rapes and crimes against children – a blow to the soul?
– It has absolutely no effect. Here, investigators going to the scene are more likely to be nervous. The prosecutor only looks at the photographic tables attached to the file compiled by the expert. It looks like a comic book. Well, prosecutors are generally pretty thick skinned people.
– Given the prosecutor’s status, are threats of retaliation common?
“Threats are definitely coming. But that doesn’t happen very often, because people are smart enough to understand the consequences. This has happened several times in my app.
So you don’t have to carry a gun with you?
– This is very rare. The prosecutor has a gun only in two situations: if it is a bonus or if the employee is in physical danger. Then he can count on the issue of a service pistol. Compared to ordinary police officers, these are isolated cases.
– You’re a lawyer now. How are the current relations with prosecutors and judges, does he know them?
– First of all, acquaintances help to feel like a member of a large legal community. And whoever says that there is some kind of rivalry between prosecutors, lawyers, judges, in fact, this is a theater, nothing more. In reality, outside of the hearing, you can safely go to the judge and have tea and chat with the prosecutor.