Questioning as a Witness: Three Mistakes to Avoid

Being summoned for questioning as a witness is often seen as a formality: “after all, I’m not suspected of anything.” But everything you say and sign is recorded in the record of questioning, and before questioning a witness is warned of criminal liability for refusing to testify and for knowingly giving false testimony (part 3 of Article 224 of the Criminal Procedure Code of Ukraine (CrPC)). Here are three mistakes to avoid.

As at 2 October 2026. The provisions are cited from the texts on zakon.rada.gov.ua: the Constitution of Ukraine as amended on 1 January 2020, the Criminal Procedure Code of Ukraine (CrPC) as amended on 21 July 2026 and the Criminal Code of Ukraine (CC) as amended on 18 September 2026.

Mistake 1. Answering every question

A witness must appear when summoned and give truthful testimony (items 1 and 2 of part 2 of Article 66 CrPC). At the same time, a person bears no liability for refusing to testify or give explanations about themselves, their family members or close relatives (Article 63 of the Constitution of Ukraine). The CrPC gives effect to this right: a witness may refuse to testify about themselves, their close relatives and family members where the testimony could become grounds for suspecting or charging them with a criminal offence (item 3 of part 1 of Article 66, part 8 of Article 224 CrPC). No criminal liability arises for such a refusal (part 2 of Article 385 CC).

Outside these cases, a witness’s refusal to testify and knowingly false testimony entail criminal liability (Articles 384 and 385 CC). That is why it is better to work out with an advocate, before the questioning, where the right not to answer ends and the duty to testify begins.

Mistake 2. Signing the record without reading it

What stays in the case file is not your words but the record. A witness has the right to read the record of questioning, to ask for changes, additions and comments to be entered in it, and to make such additions and comments in their own hand (item 7 of part 1 of Article 66 CrPC). Read the record in full. If something is recorded inaccurately, incompletely or differently from what you said, add your comments before signing and do not agree to “fix it later”.

Mistake 3. Going to questioning without an advocate

A witness has the right to the legal assistance of an advocate while testifying (item 2 of part 1 of Article 66 CrPC), and also the right to know in connection with what and in which criminal proceedings they are being questioned (item 1 of part 1 of Article 66 CrPC). An advocate will help you prepare: find out what the proceedings are about and assess the risks, determine which questions you are entitled not to answer, and make sure the record accurately reflects your words.

What to do before questioning

• Check the summons: among other things, it must state the name (number) of the criminal proceedings, your procedural status and the procedural action you are being summoned to take part in (part 1 of Article 137 CrPC). As a general rule, you must receive the summons or be notified of it no later than three days before the day you are due to appear (part 9 of Article 135 CrPC).
• If you cannot attend, give notice in advance. Valid reasons for not appearing, such as serious illness or late receipt of the summons, are listed in Article 138 CrPC; the summons must remind you of the duty to give advance notice that you cannot appear (item 9 of part 1 of Article 137 CrPC).
• Contact an advocate in advance, not in the investigator’s corridor.
• Take an identity document with you: your identity is established before questioning (part 3 of Article 224 CrPC).
• Remember: questioning may not last more than two hours without a break, or more than eight hours a day in total (part 2 of Article 224 CrPC).

DSA GROUP advocates accompany witnesses at questioning and during other procedural actions – see “Assistance at questioning and summons by an investigator” for details. Leave a request and an advocate will contact you.

Read also: “How to Protect Yourself During a Search: A Step-by-Step Guide and Your Rights” · “Court Summons in Ukraine: How It Is Served and What Happens If You Do Not Appear”.