What to do if you are summoned for questioning
Being summoned for questioning, even as a witness, is always a signal to act carefully. Your first words largely determine what status you may end up in. Here is what is useful to know in advance.
Check in what capacity you are being summoned
A summons must be issued in writing, stating in what capacity you are summoned (witness, suspect), in what case, when and where. A summons by phone is also allowed by law (Article 135 of the CPC), so ignoring the call is not a good idea: note who is calling, in what case and in what capacity you are summoned, and give no explanations over the phone. If your status is unclear, that is already a reason to consult a lawyer before the visit.
Your basic rights
- The right not to testify against yourself or your close relatives (Article 63 of the Constitution of Ukraine).
- The right to a defense lawyer from any moment, including during questioning.
- The right to know in what case and in what capacity you are being questioned.
- The right to make comments on the protocol and not to sign what you disagree with.
What you should not do
Do not go to questioning unprepared and without a lawyer, do not give explanations in a hurry, do not sign the protocol without reading it, do not try to outsmart the investigator or invent details. Staying calm and silent where you are unsure works better for you than unnecessary words.
What to do before the questioning
Call a lawyer before the visit. Together you will define a line of conduct, decide which questions to answer and where to use your right to remain silent. The lawyer can be present at your side and monitor the lawfulness of the investigator’s actions.
This material is for general information only and is not legal advice. Every situation is unique, so consult a lawyer about your specific case.
Need help in a criminal case?
Attorney Oleksii Kobets, over 25 years of practice, with a background in the investigative authorities. Call us and we will assess your situation confidentially: +38 050 315 99 99.