Witness Protection Lawyer

A Witness is a natural person who knows or may know the circumstances that are subject to proof during criminal proceedings and is called to provide testimony (Article 65 of the Criminal Procedure Code of Ukraine).

A witness has the right to invite a lawyer to the interrogation or other investigative actions to protect their rights and interests.

Before the investigative action begins, the lawyer consults the witness regarding possible questions from the investigative authorities, helps formulate a legal position in the case, and, if necessary, conducts a mock interrogation. During investigative actions, the lawyer is present with the witness, stops any potential procedural violations by the investigator, consults the witness, reviews the protocols of the investigative action, makes comments and additions, and, if necessary, files complaints about the illegal actions of officials.

Testimony is information provided orally or in writing during an interrogation by a suspect, accused person, witness, victim, or expert regarding circumstances known to them in a criminal case that are relevant to that criminal proceeding.

The witness is obligated to provide testimony to the investigator, prosecutor, investigative judge, and court in the manner prescribed by the criminal procedure code (Article 95 of the Criminal Procedure Code of Ukraine).

A witness has the right to:

• Know the reason for and the criminal case in which they are being interrogated;
• Use legal assistance from a lawyer during their testimony and participation in other procedural actions, with the lawyer’s authority confirmed in accordance with the provisions of Article 50 of this Code;
• Refuse to give testimony regarding themselves, close relatives, and family members that could be grounds for suspicion or accusation of committing a criminal offense, as well as testimony regarding information that, according to the provisions of Article 65 of this Code, is not subject to disclosure;
• Provide testimony in their native or another language they speak fluently and use the assistance of an interpreter;
• Use notes and documents when giving testimony in cases where the testimony concerns calculations and other information that is difficult to remember;
• Receive reimbursement for expenses related to being summoned to provide testimony;
• Review the interrogation protocol and request changes, additions, and comments, and make such additions and comments in writing;
• Request protection in cases provided for by law;
• Challenge the interpreter.

A witness is obligated to:

• Appear upon summons to the investigator, prosecutor, investigative judge, or court;
• Provide truthful testimony during pre-trial investigation and court proceedings;
• Not disclose without permission from the investigator, prosecutor, or court information that directly relates to the substance of the criminal proceeding and the procedural actions carried out during it, and that became known to the witness in connection with their duties.

Please note that for giving knowingly false testimony, a witness bears criminal responsibility under Article 384 of the Criminal Code of Ukraine. For willful failure to appear in court or to the pre-trial investigative authorities, the witness is liable under Part 1 of Article 185-3 or Article 185-4 of the Code of Ukraine on Administrative Offenses, and for refusing to provide testimony about known circumstances in the case, under Article 385 of the Criminal Code of Ukraine.

At the same time, according to Article 63 of the Constitution of Ukraine and Article 66 of the Criminal Procedure Code, a witness cannot be held responsible for giving testimony regarding themselves, close relatives, and family members.

It is through the above norms that law enforcement agencies exert pressure on witnesses and compel them to provide testimony that is beneficial to them. When a lawyer is involved, such actions by law enforcement will cease.

Services of the “Femida” Law Association in Criminal Law:

• Defense of Suspects
• Drug Crimes
• Economic Crimes