Applying the pretext to witnesses

Article 140 of the CPC. Pretext

1. The summons consists in the forced escort of the person to whom it is applied by the person executing the order to summon him to the place of his summons at the time specified in the order.

2. The decision to conduct a arraignment shall be made: during a pre-trial investigation - by the investigating judge at the request of the investigator, prosecutor or on his own initiative, and during court proceedings - by the court at the request of a party to the criminal proceedings, the victim, a representative of the legal entity against which the proceedings are being conducted, or on his own initiative. The decision to conduct a arraignment shall be made in the form of a ruling.

3. The subpoena may be applied to a suspect, accused or witness. The subpoena of a witness may not be applied to a minor, a pregnant woman, persons with disabilities of the first or second groups, a person who is the sole parent of children under the age of six or children with disabilities, as well as persons who, in accordance with this Code, cannot be questioned as witnesses. The subpoena of a personnel officer of an intelligence agency of Ukraine during the performance of his official duties shall be carried out only in the presence of official representatives of this agency.