How can you become a witness in criminal proceedings?

Witness is a natural person who knows or may know the circumstances to be proven during criminal proceedings, and who is summoned to testify (part one of Article 65 of the Criminal Procedure Code of Ukraine). Therefore, you become a witness if you know the circumstances to be proven during criminal proceedings and you are called to testify.

A witness has the following rights within the framework of criminal proceedings:

1. The right to information: the witness has the right to be informed of the reason and content of the criminal proceedings in which he is being questioned.

2. The right to legal assistance: a witness may use the services of a lawyer during testimony and participation in any other procedural actions.

3. The right to refuse to testify: a witness may refuse to testify against himself, his close relatives and family members who may be suspected or accused of committing a criminal offense. He may also avoid answering questions about confidential information.

4. Language rights: the witness may testify in his native language or in another language that he speaks, as well as use the services of an interpreter.

5. The right to use notes and documents: a witness can use his notes and documents during his testimony, especially when he needs to refer to calculations or other complex information that he finds difficult to remember.

6. Financial support: the witness has the right to be reimbursed for the costs associated with his subpoena to testify.

7. The right to read the protocol of the interrogation: the witness can read the protocol of his interrogation and submit a request for changes, additions or comments to it. He also has the right to independently make such additions and comments.

8. The right to safety: a witness may file a petition to ensure his personal safety in the event that this is provided for by law.

9. The right to an interpreter: a witness may declare the need for the presence of an interpreter in accordance with the first part of Article 66 of the Criminal Procedure Code of Ukraine.

In turn, the witness also has certain duties:

1. to arrive upon summons to an investigator, prosecutor, investigating judge or court;

2. to give truthful testimony during the pre-trial investigation and trial;

3. not to divulge, without the permission of the investigator, the prosecutor, the court, information that directly relates to the essence of the criminal proceedings and procedural actions that are carried out (were carried out) during it, and which became known to the witness in connection with the performance of his duties (part two Article 66 of the Criminal Procedure Code of Ukraine).

There is also responsibility of a witness for evading an appearance before an investigator, prosecutor, investigating judge or court and knowingly giving false testimony or refusing to testify to an investigator, prosecutor, investigating judge or court.