Section I
GENERAL PROVISIONS
Chapter 5
EVIDENCE
Article 68. Testimonies of witnesses
Every person who is known as being aware of circumstances related to the case may be summoned to appear as witness.
A witness may be questioned about circumstances to be established in a given case, inclusive of facts which characterize the personality of the accused or suspect and his/her relationship therewith.
Information reported by a witness from unknown source may not be evidence. If testimonies of a witness are based on communications by other individuals, such individuals should be questioned either.
(Article 68 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).
Article 69. Persons who may not be examined as witnesses and persons who have the right to waive testifying as witnesses
The following persons may not be examined as witnesses:
1) lawyers and other specialists in law who are legally entitled to provide legal assistance in person or upon power of attorney of a legal person; notaries, doctors, psychologists, clergymen – about what came to their knowledge in the discharge of professional activities unless the person who entrusted them such information has released them from the duty to keep professional secrets;
2) defense counsel of the suspect, accused, defendant, representative of the victim, plaintiff, civil defendant – about circumstances which came to their knowledge during the provision of legal assistance to their clients;
3) persons who, in accordance with forensic psychiatric or forensic medical examination, may not correctly perceive facts which have probative value and give testimonies about the same because of their physical or mental disabilities;
4) witness who, under Article 52-3 of the present Code, testifies under a pseudonym – about his/ her real details;
5) a person in possession of information o real details on the witness who, under Article 52-3 of the present Code, testifies under a pseudonym – about such information.
The following persons may waive testifying as witnesses:
1) family member, close relatives, persons adopted by, and adopters of, the suspect, accused, defendant;
2) a person who, with his/her testimonies, would incriminated himself/herself, his/her family members, close relatives, the adopted person, adopter in having committed a crime. Without their consent, may not be examined as witnesses the persons who enjoy diplomatic immunities, as well as members of diplomatic missions – without consent of the diplomatic representative.
The inquirer, investigator, prosecutor, and court, before examining persons referred to in the first and second paragraphs of the present Article, are required to advice them of the right to waive testifying, which is entered into the record of examination or court records. (Article 69 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Law No 3780-XII (3780-12) of 23.12.93, as revised by Law No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001 ).
Article 69-1. Witness’s rights
A witness has the following rights:
1) testify in mother language or any other language he/she speaks fluently and take advantage of a translator;
2) disqualify translator;
3) know in connection with what and in which case he/she is examined;
4) enter his/her testimonies in the record of examination with his/her own hand; 4-1) to chose his/her own free will defense counsel during the examination or other investigative actions conducted with his/her participation according to this Code and other legal assistance under the procedure prescribed by law, and to refuse from defense counsel invited by him/her.
Defense counsel may be invited by witness, his/her legal representative and other persons at his/her request or with his/her consent;
5) draw upon notes and documents when testifying if testimonies relate to calculations and other data which are difficult for him/her to keep in mind;
6) to refuse to give testimony concerning himself/herself, family members and close relatives, and if he/she cannot freely without undue restrictions receive legal assistance in the amount and form as he/she requires including invitation of a defense counsel;
7) review record of examination and solicit introducing changes and comments therein, to enter such amendments and comments with his/her own hand;
8) file complaints against actions by the inquirer and investigator with the prosecutor;
9) be compensated expenses incurred as a result of the summon to testify.
With appropriate grounds present, a witness has the right to his/her security be ensured through enforcing measures specified by law and in accordance with procedure established in Articles 52-1 to 52-5 of the present Code.
(Article 69-1 is added by Law No 1381-XIV (1381-14) of 13.01.2000, Article 69-1 as amended by Law No2395-VI ( 2395-17 ) of 01.07.2010).
Article 70. Witness’s duties
A person summoned by the inquiry agency, investigator, prosecutor, or court as witness is required to appear in the designated place and time and give true testimonies about circumstances he/she knows.
Whenever a witness does not appear without valid reasons, the inquiry agency, investigator, prosecutor, or court may enforce compulsory appearance under law through Interior agencies as prescribed in Articles 135 and 136 of the present Code.
In case provided for in the second paragraph of the present Article, the court may also impose a fine on the witness in the amount up to a half of the minimum wage. The court decides on the fine in court session when considering the case in whose relation the witness was summoned. The issue of fine can be decided in another court session in the presence of such witness. Witness’s non-appearance without valid reasons does not preclude considering the issue of fine imposition.
(Article 70 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No No 6834-X ( 6834-10 ) of 16.04.84, No 8627-X ( 8627-10 ) of 20.03.85, by Law No 2857-12 of 15.12.92 ).
Article 71. Witness’s liability
The witness is criminally liable under Article 384 of the Criminal Code of Ukraine for giving knowingly misleading testimonies.
For willful evasion to appear before court, pre-trial investigation agencies or inquiry agencies, the witness is liable under Article 185-3, first paragraph, or Article 185-4 of the Code of Administrative Offenses of Ukraine (80731-10) while, for refusal to give testimonies about circumstances known to him/her, - under Article 385 of the Criminal Code of Ukraine. (Article 71 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, No 9166-XI ( 9166-11 ) of 04.05.90, by Law No 2670-III
( 2670-14 ) of 12.07.2001 ).
Other forms of cooperation
Cooperation under procedures of national law
Procedure for witness testimony - national proceedings
Examination of witnesses - national proceedings
EDIT.