1. Duties of a witness:
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DO NOT REMAIN
ALOOF, YOUR HELP
MAY SAVE
SOMEONE’S LIFE
Letter of rights
to appear once summoned before an investigating
officer, prosecutor, investigating judge or court. If you
do not come once summoned without good cause, you
may be subject to detention, i.e., forced delivery to
court in connection with your evasion from voluntary
attendance once summoned without good cause at the
specified time
to give truthful testimony. Please remember that there
is criminal liability provided for false testimony.
not to disclose, without consent of an investigating
officer, prosecutor, court, information of which you
became aware as a witness. Not to disclose, without
consent of an investigating officer, prosecutor, court,
information which directly relates to the merits of the
criminal proceeding and procedural actions that are
being carried out (were carried out) during such
proceeding. There is criminal liability provided for the
a witness is obliged to appear once summoned
regardless whether he/she has, according to the law,
the right to refuse to testify
if a witness fails to appear once summoned
without good cause or if he/she does not
inform about the reasons for his/her failure
to appear, money penalty shall be imposed on
such witness!
penalty applicable for the failure to appear before
an investigating officer or a prosecutor is imposed
in the amount ranging from 0.25 to 0.5 amounts of
the minimum salary
penalty applicable for the failure to appear before
an investigating judge or court is imposed in the
amount ranging from 0.5 to 2 amounts of the
minimum salary
GOOD CAUSES APPLICABLE FOR FAILURE TO APPEAR
ONCE SUMMONED
illness or sickness (officially confirmed by a medical
institution)
force majeure events (for instance, natural disasters)
failure to receive summons that is duly confirmed
being abroad, being in the military service
other good causes that are duly confirmed with
certain documents
What to do once you are summoned or served summons?
Notify a person who summons you that you
received the summons
Take with you an ID (passport or a driver’s license)
Tell with detail and truthfully the circumstances of
which you became aware and which relate to the
matter merits
Read carefully all documents that are provided for
your signature, if needed, make comments and
clarifications thereto
Do not disclose information of which you became
aware in respect of a criminal offence as such
information is covered by the secrecy of investigation
You have the right to inform anyone about your visit to
the police office and to appear with your lawyer if you
believe his/her presence is needed while providing your
testimony.
before the questioning an investigating officer shall
be obliged to verify the witness identity, explain
his/her rights and the procedure for the questioning
each witness will be questioned separately, in the
absence of other witnesses and third parties who
have no relation to the criminal proceedings
(including law enforcement officers)
the questioning may not continue without a break for
more than two hours, and in total for more than
eight hours per day
In the future, in court each witness will be questioned
separately. Witnesses come to the court hearing
premises by turn. Witnesses who have not yet testified do
not have the right to be in the premises while the court
hearing continues
SPECIFIC FEATURES OF THE UNDERAGE
WITNESS QUESTIONING (Article 354 of the CPC)
An underage witness questioning, and, upon the court
discretion, a minor witness questioning shall be
carried out in the presence of the following:
a lawful representative;
a teacher or a psychologist;
a doctor, if needed.
In certain cases, an underage or minor witness may be
questioned, upon the court ruling, outside the court
hearing premises using videoconference (remote court
hearing in other premises).
If you believe that there is a threat to your life / health /
home / property (or those of your family, close relatives)
in connection with you performing duties as a witness,
please inform the police directly so that respective
safety measures may be determined.
If you have any additional questions, call the hotline of
the National police of Ukraine:
0 800 500 202 (twenty-four-hour)
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2. Please note:
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What should you do if you were an eye witness to the
offence?
EYE WITNESS
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Rights of a witness:
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WITNESS
Rights and duties of the action witness:
A person who witnessed himself/herself any event,
accident, crime, as well as a person who came across the
consequences of such events, is an eye witness. Any
person who was an eye witness to an event, regardless of
his/her age, may be a witness.
It is extremely important to address law
enforcement authorities and inform of
criminal actions which you witnessed!
Owing to the testimony that you provide in respect of
the event, one may establish actual circumstances of the
matter and an identity of a criminal; this would allow
cases when not guilty persons are charged with criminal
liability to be prevented, and would help solve the case.
You might also need a witness
Your testimony may save someone’s life
Impunity is the greatest incentive for the crime
Inform (call) the police
Wait for the police arrival
Provide aid to the victim if needed
Tell the police about the circumstances and events of
which you are aware
Leave your contact details to the police
At home please recollect once again the circumstances and facts
of which you became aware and write them down in detail
If your information is important for solving the case, you
may be summoned to the police office by mail or phone
(Article 112 of the Criminal Procedure Code of Ukraine,
hereinaſter referred to as the CPC).
AN EYE WITNESS BECOMES A WITNESS IF HE/SHE
PROVIDES TESTIMONY IN THE ORDER PROVIDED
FOR BY THE CRIMINAL PROCEDURE LAW
According to Article 63 of the Constitution of
Ukraine, a witness may refuse to testify against
himself/herself, close relatives and members of
his/her family
ACTION WITNESS
You are an action witness if you are invited by an
investigating officer or a prosecutor to attest a certain
fact, contents and results of carrying out of certain
actions by the police
Your consent to act as an action witness will help:
1) eliminate the possibility of falsification on the part
of the law enforcement officers
2) carry out civil oversight over the actions that are
being taken
3) guarantee impartiality of recording by the law
enforcement officers of a fact, contents and results of
procedural actions.
to be impartial in the results of the carrying out of a
procedural action, and in the event of the conflict of
interests to inform a responsible officer of this at
once
to provide truthfully his/her identifying and contact
information
to be aware of the matter contents, provide questions
and receive responses thereon
to understand in which specifically procedural action
you are taking part
which actual circumstances of the case will be
established this time
which procedure provides for this
to read carefully all documents that are provided for
signature, and if needed make comments and
clarifications thereto
upon request of an investigating officer, prosecutor,
not to disclose information as to the procedural
action being carried out
to be ready for the questioning as a witness in court
as to the procedural actions in which you participated
as an action witness
Technical recording (photo, audio or video recording)
may be used while carrying out procedural actions
(Articles 104-107 of the CPC).
AN ACTION WITNESS BECOMES A WITNESS ONCE
HE/SHE PROVIDES TESTIMONY IN THE ORDER
PRESCRIBED BY THE CRIMINAL PROCEDURE LAW.
SPECIFICALLY FROM THIS TIME, HE/SHE WILL ENJOY
THE RIGHTS, DUTIES, LIABILITY AND SAFETY THAT ARE
PROVIDED FOR A WITNESS.
IMPORTANT TO NOTE! THE LAW PROVIDES FOR
THE CRIMINAL LIABILITY FOR THE CRIMES AGAINST
JUSTICE:
For forcing to provide testimony (Article 373
of the CPC).
For failure to take safety measures in
respect of persons taken under protection
(Article 380 of the CPC).
For disclosure of information on safety
measures in respect of persons taken under
protection (Article 381 of the CPC).
For consciously false information on the
crime commitment (Article 383 of the CPC).
For consciously false testimony (Article 384
of the CPC).
For a witness refusal from testimony or an
expert (or interpreter) refusal to perform
duties imposed thereon (Article 385 of the
CPC).
For hindering a witness, victim, expert to
appear once summoned; forcing them to
refuse to provide testimony or opinion
(Article 386 of the CPC).
For disclosure of information relating to
operational investigation activities, pre-trial
investigation (Article 387 of the CPC).
For crime concealment (Article 396 of the
CPC).
to know in connection with which and in which
criminal proceeding you are being questioned
to use legal aid of a lawyer while testifying,
participating in other procedural actions
to refuse to testify against himself/herself, close
relatives and members of one’s family, as well as
in respect of information not subject to disclosure
to testify in mother tongue or another language in
which you are fluent and use help of an interpreter
to use notes and documents in those cases when
testimony relates to any calculations and other
information which is difficult to hold in one’s
memory
to read the minutes of the interview and make
requests as to making changes, supplements and
comments thereto, as well as make such
supplements and comments himself/herself
to file requests to secure safety in cases
prescribed by law
to file objections to an interpreter8)