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Lawyer’s participation in the interrogation

One of the main stages of the investigation is the interrogation. A criminal lawyer makes sure that the interrogation is conducted within the law, and that the client is not subjected to threats or the use of physical force or psychological violence. In this way, it is possible to protect the rights of the victim, suspect, witness, etc., as well as to determine the facts that can lead to a reduced sentence. At the first stage of working with a lawyer, consultation with a lawyer is a necessary and minimal action.

Kasyanenko & Partners Law Company will ensure the presence of a lawyer during the interrogation of a victim, witness, or suspect.

During a pre-trial investigation, it is customary to organize an interrogation for each of the participants, witnesses to the incident, a victim and a suspect. Each participant has the opportunity to use the services of a lawyer.

Witnesses are the largest group of participants in criminal proceedings. And questioning a witness is the most common way to obtain evidence in this process, both for the prosecution and the defense.

Since witnesses are the will of circumstances, they can be any person, regardless of their desire and status. The investigator may summon for questioning any person about whom there is evidence that he knows or may know the circumstances that are subject to proof during criminal proceedings. There are small exceptions to this rule, for example, in Part 2 of Art. 65 of the new Criminal Procedure Code of Ukraine (hereinafter referred to as the CPC) define a range of persons who cannot be questioned as witnesses, but there are very few such persons (clergy, lawyers, notaries, doctors, judges, jurors, and others mainly on the subject of their professional secrets).

In turn, when raising questions that relate to the witness, his relatives and family members when refusing to give evidence on such issues, we recommend that you refer not to the norms of the criminal procedure code, but to the provision of Article 63 of the Constitution of Ukraine, which, according to Article 8 of the Constitution, has the highest legal force in the country. Article 63 of the Constitution of Ukraine provides that a witness is not responsible for refusing to give evidence about the above-mentioned persons without any attribution of suspicion of committing a crime.

During the interrogation, the witness has the right to legal assistance from a lawyer, and prior consultation with a lawyer is important. We do not recommend ignoring this right. A lawyer present at the interview can provide you not only with legal support, but also with significant moral support. If your chosen lawyer is not allowed to see You during the interrogation, then the current code of criminal procedure does not provide for the right to refuse to give evidence without the participation of a lawyer (as it was before November 20, 2012). But strongly state that the non-admission of a lawyer is a gross violation of Your right to legal assistance, which is established in Article 59 of the Constitution of Ukraine, as well as the right of a witness to legal assistance of a lawyer following paragraph 2 of part 1 of Article 66 of the CPC.

According to the provisions of Article 87 of the code of criminal procedure, evidence obtained in violation of the right to defense is inadmissible, that is, such evidence cannot be used to build a prosecution. It is important to immediately indicate in the interview report Your desire to use legal aid.

During the interrogation of the victim, witness, or suspect, the lawyer must be present. This will help prevent false statements from being made.

Another important advantage of having a lawyer present during an interrogation is that the lawyer can figure out why a particular victim, witness, or suspect was invited. In the future, this will help avoid a situation where the victim or witness becomes a potential suspect in a particular case.

Victims also need the assistance of a lawyer during interrogation, since thanks to him, they will be able to protect their rights and interests and act within the law.

Another participant in the interrogation who needs the help of a lawyer is the suspect. After all, the lawyer will be able to defend the rights of his client in court, proving his innocence and competently operating with facts and evidence.

Specialists of the Kasyanenko & Partners Law Company are confident that timely assistance and advice of a criminal lawyer during an interrogation is the key to success. Lawyers of the Kasyanenko & Partners Law Company will advise the victim, witness, and suspect about possible consequences for giving false testimony, how to behave during the interrogation, and ensure their presence at the investigative action.

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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