Section II
INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION
Chapter 14
INTERROGATING A WITNESS AND A VICTIM
Article 166. Summoning a witness for interrogation
A witness is summoned to appear before investigator by a notice paper which is served to the witness against his/her signed acknowledgment, and if the witness is temporary unavailable, the notice paper is served to any adult family member, to housing maintenance organization, executive committee of the village or settlement council of people’s deputies or administration in the place of his/her employment. The witness may be summoned also by telegram or telephone message.
The notice paper should state who is summoned as witness, where he/she is summoned, who summons the witness, day and time of appearance, implications of non-appearance, referred to in Articles 70 and 71 of the present Code.
An underage witness is summoned through his/her legal representatives.
(Article 166 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).
Article 167. Interrogating a witness
A witness may be interrogated about facts related to the given case, as well as about the person of the suspect or the accused and victim.
The witness should be interrogated in the place where pre-trial investigation is conducted and, if necessary, in the place of his/her stay.
The witness is interrogated separately from other witnesses. Investigator takes measures so that other summoned witnesses in the case do not communicate one with another before interrogation has ended.
Before proceeding to interrogation, investigator establishes the person of the witness, explains him/her in what case he/she is summoned, and admonishes him/her of the duty to tell everything he/she knows in the case, as well as advises the witness of criminal liability for refusal to testify and for knowingly misleading testimonies. Thereafter, investigator finds out relationship between the witness and the suspect or accused and the victim and starts the interrogation. After the witness has ended testifying, investigator asks him/her questions. It is not permitted to ask questions containing a reply, a part of reply, or prompting a reply (leading questions).
If the witness came for interrogation with the defense counsel, the defense counsel is entitled to be present during the interrogation; to give advice to the witness in the presence of the investigator, if the actual circumstances of the case can be used to prosecute witness personally or his/her family members or close relatives; to ask questions with the permission of the investigator, which should be entered on the record of interrogation to clarify and supplement his/her answers; to object to the illegal actions of the investigator concerning his/her conduction of interrogation with reference to the rule of law which is violated, that is to be included into the record of interrogation; to challenge actions of the investigator in the manner prescribed by this Code, if the nature and content of the questions shows that the witness should be interrogated as a suspect.
(Article 167 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84; by Law No 1833-III (1833-14 of 22.06.2000, No 2395-VI
( 2395-17 ) of 01.07.2010 ).
Article 168. Interrogating an underage witness
A witness under 14 years and, upon investigator’s discretion, under 16 years is interrogated in accordance with Article 167 of the present Code in the presence of a pedagogue and, if necessary, a doctor, parents or any other legal representatives of the underage witness. Before interrogation, the above mentioned persons are advised of their duty to be present during interrogation and of their right to make comments and, upon investigator’s authorization, ask the witness questions. Questions legal representatives, pedagogue, or doctor ask the witness, are entered in the record of interrogation. Investigator may dismiss a question but such question should be entered in the record.
The witness who has not attained 16 years is advised of his/her duty to tell only the truth but he/she is not admonished of criminal liability for refusal to testify and for knowingly misleading testimonies.
Article 169. Interrogating a dumb or deaf witness
A dumb or deaf witness is interrogated in accordance with Article 167 of the present Code with the involvement of the person who understands the witness. Participation of such a person in the interrogation is reflected in the record.
Article 170. Record of witness’s interrogation
A record of witness’s interrogation is drawn up in accordance with Article 85 of the present Code. In addition, the record of interrogation states: last name, first name, and patronymic of the witness; his/her age; nationality, ethic origin, education, place of employment, occupation or position, place of residence, and information on his/her relationship with the accused and victim.
The record should contain a note that the witness was advised of his/her rights, duties, and liability for refusal to testify and for knowingly misleading testimonies. Testimonies given by the witness and answers to questions are narrated in the grammatical category of the 1st person singular and, as far as possible, word-by-word.
Upon his/her request, the witness can be given the possibility to handwrite his/her testimonies in the presence of investigator, and an appropriate entry is made thereon in the record.
After interrogation has been completed, investigator produces the record to the witness for review.
Upon request of the witness, investigator reads out the record to the witness. The witness and persons who were present during interrogation may request supplementing the record and introducing amendments therein. Such supplements and amendments should necessarily be entered in the record by the investigator.
The witness, investigator, and persons who were present during interrogation sign the
record. If the record is written on several pages, the witness signs each page thereof.
(Article 170 as amended by Law No 1381-XIV (1381-14) of 13.01. 2000).
Other forms of cooperation
Cooperation under procedures of national law
Procedure for witness testimony - national proceedings
Examination of witnesses - national proceedings
EDIT.