ATTORNEY FOR THE WITNESS DURING INTERROGATION: WHAT DO YOU NEED TO KNOW?

You have received a summons to be questioned by an investigator, detective, or prosecutor?

How to proceed?

Is it possible not to go for questioning at all, or to determine another convenient date for you?

What should you have with you?

How to behave?

What to say and what to keep quiet so as not to harm yourself and your loved ones?

In my practice, I met Clients who did not have such procedural experience, but behaved very confidently during the interrogation. However, it happened that even clients – legal workers, were embarrassed by the questions of the investigator, which exposed him to the last fire, which, at the same time, was extinguished by a lawyer.

So, what are the risks of questioning a witness?

Witnesses can be divided into 2 groups: a witness who will remain a witness and a witness – a potential suspect.

If you belong to the first group of “witness who will remain a witness”, the risks may be as follows:

  1. a witness may be compelled to testify about themselves or their family members;
  2. a witness may be induced to disclose: the secrecy of confession, medical secrecy, lawyer’s secrecy or journalistic secrecy;
  3. a witness will be skillfully asked “leading” questions, which already contain the necessary answer for the investigator / prosecutor;
  4. a witnesses may be intimidated by criminal liability for refusing to testify;
  5. a witnesses may be intimidated by criminal prosecution by serving a new summons in 3 days for re-examination.

If you belong to the second group “witness – potential suspect”, the above risks include:

  1. psychological pressure and violation of the presumption of innocence;
  2. it is possible to serve a notice of suspicion;
  3. attempts to obtain a person’s confession to commit a criminal offense.

Tactics of interrogation can be various: «a good investigator – an evil investigator», «we wish you friends – good, just confess about yourself and those two», «evil investigator», «and say not for the record», «tea, coffee?»… The list is not exhaustive, as investigators and prosecutors understand psychology.

If you have any questions after reviewing the possible risks, we recommend that you discuss these issues with a lawyer you trust.

The lawyer will prepare you for questioning, in particular:

  • call the investigator to agree on a convenient time and date of the interrogation;
  • learns a summary of the circumstances of the interrogation for preparation;
  • explain the procedure for interrogation;
  • explain the content of Article 63 of the Constitution of Ukraine (the right to refuse to testify) and the cases when it must be applied;
  • explain the content of Article 18 of the Criminal Procedure Code of Ukraine (freedom from self-disclosure) and the cases when it must be applied;
  • will ask you the expected questions and work on the answers.

After preparation, the witness loses psychological tension and regains confidence.

The presence of a lawyer disciplines the investigator / prosecutor to some extent.

What will be your lawyer’s actions during the interrogation:

  • the lawyer summarizes the interrogation – in order to compare the answers in the protocol with those actually provided by the person;
  • the lawyer will remind you of the right to refuse to answer questions about you, your family members and loved ones;
  • the lawyer will remind you of the right not to “remember” certain circumstances – arguing that it is better to try to remember later than to slander yourself with uncertain answers;
  • the lawyer will make remarks to the investigator / prosecutor if the latter will ask “leading” questions;
  • the lawyer will enter in the interrogation report all remarks on procedural violations by the investigator / prosecutor;
  • predicts your further procedural status.

Canadian educator Lawrence Peter (1919-1990) described the witness’s behavior quite aptly: “You have no idea how many things a person called as a witness may not remember.” I advise you to read this statement again, but it is better to remember. 

Veronica Vaskina

Аttorney at law of Attorneys Association “Bauman Kondratyuk”