Interrogation is one of the investigative actions that is conducted to establish the factual circumstances of criminal proceedings. Everything you need to know if you are summoned for interrogation – read on.
Summons for interrogation
The summons for interrogation is served no later than 3 days before the interrogation itself. It can be served personally or reported by phone. Additionally, the document on the summon can be sent by mail, including electronic, fax or telegram.
However, the law does not provide for the possibility of summon for the interrogation by means on instant messengers. In the case of a summon by phone, we advise you to insist on the delivery of the summons.
The summons can be served by:
- an employee of a communications agency;
- a law enforcement officer;
- an investigator;
- a prosecutor.
Certain types of interrogation include: interrogation of a witness, expert, victim, suspect or accused. You, as a person, are summoned to this investigative action, you must clarify your procedural status in advance. It will give you an understanding of what you have to deal with.
Interrogation causes natural concern and tension. However, emotions can be reduced by following tips:
- Gather information and make preparation Since the summons for interrogation must be served in at least three days before the interrogation itself, you will have time to prepare. Read the articles on the interrogation process in the Criminal Procedure Code of Ukraine (CPC). In particular, you should be aware that the interrogation should not continue without a pause for more than 2:00, and in general – no more than 8:00 a day. In addition, you may choose not to answer questions about circumstances that are expressly prohibited by law from providing (for example, professional or medical confidentiality). At the beginning of the interrogation, the investigator is obliged to establish your identity and residence, as well as explain the procedure for interrogation, note your rights, report criminal liability for giving deliberately false testimony, etc. …
- Involve a lawyer. From the moment you receive the summons to the interrogation, you will have time to consult a lawyer. In addition, you can invite a lawyer you trust for questioning. Of course, he will not be able to answer the prosecutor’s questions instead of you. However, the lawyer will monitor the legality and legitimacy of the actions of law enforcement and will ensure the due respect to your rights. Moreover, the presence of a lawyer will force the investigator / prosecutor to be more careful. If the procedure of interrogation is violated, your lawyer will correctly record it and appeal against the actions of law enforcement
- Record and the check the readings provided. According to the CCP, the interrogation can be recorded by photography, video or audio recording. Therefore, to prevent misrepresentation of the facts, ensure the recording of the interrogation in advance. In addition, you have the right to express your explanations in writing. In such a case, the investigator must write down his questions on the interrogation report, and you must answer them in writing. It will minimize the risk of misinterpreting of your testimony by investigators.
- Stay calm. Overanxious or nervous behavior during interrogation can alert law enforcement. Therefore, try to remain calm and patient regardless of your procedural status is.
- Be attentive and careful. Control the questions you are being asked and your answer. Give testimonies you are confident of. If you are giving information the accuracy of which is dubious, you should mention at the beginning of your answer that you do not guarantee accuracy. Do not give affirmative answers if you are in doubt about them. Therefore, you will avoid being accused of providing false information in the future. In addition, at the end of the interrogation, read the protocol, check the correctness of the recorded testimony, as well as the statement of a question. If there is a comment – express them in writing in the protocol. If you find any mistake, for example, a mistake in the first or last name, insist on correcting it and do not sign the protocol until its done.
Regardless of the type of interrogation you were summoned for (interrogation of a witness, victim or suspect), get ready for the procedure, as well as take legal advice. If you do not have a lawyer, contact Esquires’ lawyers and attorneys. Правники Esquires допоможуть у різних ситуаціях (Esquires lawyers will help you in various situations (business protection , dispute resolution, etc.). Additionally, try not to worry during the interrogation, watch your answers and verify the protocol carefully.