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Summons for Questioning: How Should a Witness or Suspect Act, and Is It Worth Attending Without an Attorney?
Receiving a summons for questioning by the police, the Bureau of Economic Security of Ukraine, the State Bureau of Investigation or the Security Service of Ukraine is stressful for many people. Individuals often do not understand their procedural status, worry about possible consequences and make mistakes that may later be used against them in criminal proceedings.
In this article, the attorneys of FATUM Attorneys’ Association explain how to act properly when summoned for questioning, what rights a person has and why the involvement of an attorney is critically important.
Who May Summon a Person for Questioning?
A summons may be served in person, sent by post or electronic communication, or communicated by telephone. The Criminal Procedure Code of Ukraine expressly provides that a summons should be served three days before the person is required to appear for questioning.
A person may be summoned for questioning by:
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a police investigator;
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a detective of the Bureau of Economic Security of Ukraine;
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an investigator of the State Bureau of Investigation;
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a prosecutor;
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an investigator of the Security Service of Ukraine.
What Procedural Status May a Person Have During Questioning?
Before attending questioning, it is necessary to understand one’s procedural status. This status must be indicated in the summons. In practice, however, a person may be summoned as a witness and, after questioning, acquire the status of a suspect.
Witness
A witness is a person who may know circumstances relevant to a case. At the same time, as noted above, witness status does not guarantee that the person will not later become a suspect. The rights and obligations of a witness are set out in Article 66 of the Criminal Procedure Code of Ukraine.
Suspect
A suspect is a person who has been served with a notice of suspicion. The rights and obligations of a suspect are governed by Article 42 of the Criminal Procedure Code of Ukraine.
Is Attendance at Questioning Mandatory?
If the summons has been served properly, yes. Ignoring a summons may result in a repeated summons, compulsory appearance or a fine.
Can You Attend Questioning Without an Attorney?
In theory, yes. In practice, this is one of the most common mistakes. Any careless explanation may later be used in criminal proceedings.
What Rights Does a Person Have During Questioning?
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to know in which proceedings they are being questioned;
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to use legal assistance from an attorney;
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to refuse to answer questions concerning themselves or close relatives;
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to make comments on the interview record/protocol;
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to obtain a copy of the interview record/protocol.
What Should You Avoid During Questioning?
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panicking;
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making assumptions;
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signing the protocol without reading it;
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believing statements such as “this is just a formality”.
May a Person Refuse to Answer Questions?
Yes. Article 63 of the Constitution of Ukraine gives a person the right not to testify against themselves or close relatives.
Why Is an Attorney Needed During Questioning?
During questioning, an attorney acts as a legal shield, protecting a witness or suspect from psychological pressure and procedural violations by the investigator. The attorney helps the person exercise the right to remain silent, records violations and reviews the final protocol.
As defence counsel, the attorney:
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monitors the legality of the investigator’s actions;
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prevents pressure;
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helps formulate answers correctly;
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analyses risks;
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records procedural violations.
Conclusion
Questioning is not an ordinary conversation. It is an important procedural action that may have serious legal consequences. Therefore, before any questioning, it is advisable to obtain legal advice from an attorney.
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In this article, lawyers from FATUM JSC explain what a lawyer's request is, who is obliged to respond, and how to act in the event of an unlawful refusal.
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Summons for questioning: how should a witness or suspect behave and should they go without a lawyer?
Receiving a summons for questioning by the police, the State Border Service, the State Bureau of Investigation, or the Security Service of Ukraine (SBU) becomes stressful for many people. Often, citizens do not understand their procedural status, worry about possible consequences, and make mistakes that can be used against them in the future.
In this article, lawyers from FATUM JSC explain how to act correctly when summoned for questioning, what rights a person has, and why the participation of a lawyer is critically important.