A person summoned as a witness in a criminal case may not know what matter the investigation concerns, in what capacity they are being summoned, or whether the information they provide may later be used against them. Consultation with a lawyer and advance preparation before an interview or questioning are therefore important.
Avtandil Giorgadze provides legal assistance to witnesses before the police, the prosecution service, other investigative authorities, and courts.
Why Might a Witness Need a Lawyer?
Depending on the circumstances of the case, information provided by a witness may affect both other persons and the witness’s own legal position. Witness status does not always mean that the person faces no legal risk.
A lawyer’s assistance is particularly important when:
- the person does not know exactly which case they are being summoned in connection with;
- the questions may concern their possible involvement in a criminal offense;
- there is a risk that their status may change from witness to accused;
- the questions concern a family member or close relative;
- the witness feels pressured or coerced;
- the investigation requires the production of a document, telephone, or another item;
- testimony must be given in a foreign language;
- the witness has already been interviewed and has been summoned again.
Interviewing a Witness During the Investigation Stage
An interview is generally a voluntary procedural action. Before the interview, the person must be informed of their rights and that providing information is voluntary.
The person being interviewed has the right to:
- know which case they are being summoned in connection with;
- receive assistance from a lawyer;
- refuse to provide information that may incriminate them or a close relative specified by law;
- refuse to provide information containing professional secrets;
- use the services of an interpreter;
- review the interview record;
- request that a correction, addition, or comment be entered in the record;
- refuse to sign the record if their statement is reflected inaccurately or incompletely.
Before signing the interview record, it is essential to read and check the text carefully because the information recorded in it may be used in the criminal case.
Questioning a Witness in Court
In cases provided by law, a witness may be questioned before a magistrate judge or the court hearing the case. Questioning in court differs from a voluntary interview, and the witness is subject to obligations established by law.
The witness is required to:
- appear in response to a lawful summons from an authorized authority or court;
- answer the questions asked, except in cases provided by law;
- provide the court with truthful information known to them;
- refrain from giving false testimony;
- comply with the rules of order established by the court.
In cases provided by law, a witness may refuse to testify against themselves or a close relative.
What Does the Assistance of a Lawyer for a Witness Include?
The lawyer:
- determines in advance the reason for the summons and the witness’s legal position;
- explains the witness’s rights and obligations;
- assesses the risk of providing self-incriminating information;
- prepares the witness for the interview or questioning procedure;
- attends the interview in accordance with the procedure established by law;
- ensures that the questions and procedure comply with the law;
- responds to instances of pressure, coercion, or violation of rights;
- checks the accuracy and completeness of the interview record;
- prepares a statement or complaint where necessary;
- protects the witness’s lawful interests during questioning in court.
Protection From Self-Incriminating Testimony
No person is required to give testimony that incriminates them. If a question asked of a witness may reveal their possible involvement in a criminal offense, they have the right to use the protection mechanisms provided by law.
In such a case, the timely involvement of a lawyer is important to ensure that the witness’s legal position is properly assessed and that violations of their rights are prevented.