Attorney
Lawyer, specializing in defense in criminal proceedings regarding serious and especially serious crimes - against life and health, sexual integrity, war crimes with aggravating circumstances, as well as in cases related to violations in the field of taxation
A witness’s lawyer in a criminal trial
The Constitution of Ukraine clearly states that every citizen of our country has the right to receive qualified legal assistance. Representation of the interests of various problems in the criminal process is carried out by a lawyer. In this article, we will consider the role of a witness lawyer in a criminal trial.
To begin with, we note that the implementation of criminal proceedings is entrusted to the prosecutor’s office, pre-trial investigation and the court. The result of such activity is decision-making. Participants in criminal procedural relations, namely legal entities and individuals, have certain duties, legal interests and rights. It is the totality of these components that determines the status of a specific subject: victim, witness, suspect, civil defendant, etc.
Regardless of the status of a person in criminal proceedings, clients of Prykhodko and Partners can count on: using and observing their own rights; making a justified and legal decision in criminal proceedings.
Importance of involving a lawyer for the witness
A lawyer who defends the interests of a witness in a criminal case must be a real professional. Witness protection is an important component of the modern legal system of Ukraine, which ensures not only justice, but also the objectivity of any judicial process. A lawyer can be involved at various stages, for example, at the stage of pre-trial investigation, during interrogations.
Witnesses play a fundamental role in established truths. However, in some cases, witnesses may also find themselves in a rather disadvantageous position during pre-trial investigation or consideration of a criminal case in court.
Our lawyers specialize in protecting the legal rights and interests of witnesses involved in criminal proceedings.
Rights and obligations of a witness in a criminal case
The rights and duties of a witness are clearly outlined in Article 66 of the Criminal Procedure Code of Ukraine.
A witness is a natural person who has information about the circumstances of a criminal case. As for the age of the witness, he is not limited by the current Code of Criminal Procedure.
The subpoena of a witness to the law enforcement officers can be drawn up in the following forms:
- Message.
The notice shall specify the date, place and time of the interrogation. Most often, the message is sent in cases where the participation of a witness is not mandatory.
- Notice.
The summons is sent by mail or notified by telephone or telegram. In this case, the participation of a witness is mandatory. The legislation defines clear deadlines for receiving a summons – 3 days before the date of the witness’s arrival.
The questioning takes place in the event that the service of the summons is confirmed. The person who is summoned must sign a document confirming that he has been summoned to the investigator. There are requirements for issuing a subpoena. They are clearly stated in Article 137 of the Criminal Procedure Code of Ukraine.
Obligations of a witness include:
- Arrival by summons to the prosecutor, investigator or judge.
- Providing truthful testimony both at the stage of the pre-trial investigation and during the consideration of the case in court.
- Prohibition on disclosure of information without the permission of the prosecutor, investigator, court.
Active cooperation with a witness in criminal proceedings is an important part of the case. The development of the whole matter will directly depend on this. Each person is warned that by refusing to testify, he may face criminal liability. However, there is one important nuance. A witness’s lawyer represents his legal rights at any stage of the criminal case. A witness may not testify in cases where these actions may personally harm him or his loved ones. This right is enshrined in Article 63 of the Constitution of Ukraine.
Can a witness not involve a lawyer?
We recommend that you always hire lawyers for witnesses in criminal proceedings. According to statistics, in 98% of cases, witnesses are unprepared to participate in a criminal case.
Therefore, the witness must be accompanied by a lawyer. This is a guarantee of quality protection of personal rights. Going for an interrogation to the investigator without one can be a serious test.
In far from all cases, the person is informed about the reasons for the interrogation. This is a violation of witness rights. Failure to appear on summons may result in prosecution. A two-fold situation emerges. That is why the support of a lawyer allows:
- Avoid infringement of rights.
- Resist any unlawful pressure on witnesses.
- Avoid inconsistencies between testimonies at each stage of the case.
- Avoid confusion and manipulation.
Situations when a person can come to the interrogation as a witness, and as a result receive the status of a suspect, are not unique. That is why the lawyer is the guarantor of observing all the rights of the witness.
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