Defence of a witness

A witness is an individual who knows, or may know, circumstances that must be proven in criminal proceedings, and who has been summoned to give testimony (Art. 65 of the Criminal Procedure Code of Ukraine).

A witness has the right to invite an attorney to the questioning or to other investigative actions, who will protect their rights and interests.

Before the investigative action begins, the attorney advises the witness on the questions the investigating authorities are likely to ask, helps to formulate a legal position in the case and, where necessary, rehearses the questioning.

During investigative actions the attorney is present alongside the witness, stops possible procedural violations by the investigator, advises the witness, reviews the records of the investigative action, enters comments and additions into them and, where necessary, challenges unlawful actions of the official.

Rights of a witness

• to know in connection with what and in which criminal proceedings they are being questioned
• to use the legal assistance of an attorney while giving testimony and taking part in other procedural actions
• to refuse to give testimony about themselves, close relatives and members of their family which could become grounds for suspicion or accusation
• to give testimony in their native language or another language they command freely, and to use the assistance of an interpreter
• to use notes and documents when giving testimony that concerns calculations or other details difficult to keep in memory
• to reimbursement of expenses connected with being summoned to give testimony
• to review the record of the questioning and to file motions for changes, additions and comments
• to file a motion for safety measures in the cases provided for by law
• to challenge the interpreter

Obligations of a witness

• to appear when summoned by the investigator, prosecutor, investigating judge or court
• to give truthful testimony during the pre-trial investigation and the trial
• not to disclose information that directly concerns the substance of the criminal proceedings, without the permission of the investigator or prosecutor

Testimony is information provided orally or in writing during questioning by a suspect, an accused person, a witness, a victim or an expert regarding circumstances known to them that are relevant to the criminal proceedings. A witness is obliged to give testimony to the investigator, prosecutor, investigating judge and court in the manner established by the Criminal Procedure Code (Art. 95 of the Code).