Client Interest Protection During Interrogations
Main rule: Do not sign anything without a lawyer.
You have a constitutional right to legal assistance (Art. 59 of the Constitution of Ukraine) and the right to remain silent (Art. 63 of the Constitution of Ukraine). Demand the presence of attorney Vitaliy Bessonov before any investigative actions.
Action algorithm
1. Immediately find out who is summoning you and in what capacity
The first thing to clarify is who exactly is summoning you — an investigator, prosecutor, or court — and in what procedural capacity: witness, victim, suspect, or another participant. The summons must specify your procedural status and the criminal proceedings number. A witness has the separate right to know in connection with what and in which proceedings they are being questioned.
2. Verify whether the summons is properly issued
Under the CPC, a summons may be sent by paper notice, mail, email, fax, phone call, or telegram. Regardless of form, verify the content: who is summoning, where exactly to appear, which proceedings, in what capacity, at what time, and for what procedural action.
If the summons is vague, without a clear status, proceedings number, or specific time and place, this is a signal not to go unprepared. The right approach is to immediately involve a lawyer.
3. Don't ignore the summons, but don't go unprepared
Ignoring a proper summons without valid reason is risky. Failure to appear can result in a monetary penalty. For suspects, accused persons, or witnesses, compulsory appearance by court order is also possible.
The law provides valid reasons for non-appearance: detention, force majeure, serious illness, hospitalization, late receipt of the summons, and other objective circumstances precluding attendance.
4. Go to the interrogation with a lawyer
Even if you are summoned as a witness, this doesn't mean you can safely go alone. The CPC directly gives witnesses the right to use a lawyer's assistance during testimony and participation in other procedural actions.
If there is a risk the case may concern you personally, a lawyer's participation becomes not just desirable but strategically necessary.
5. Before the interrogation begins, demand that your rights and procedure be explained
Under the CPC, interrogation is conducted at the place of pre-trial investigation or another location agreed upon with the person to be questioned. Before interrogation, the person's identity is established and their rights and the procedure are explained.
Interrogation cannot continue without a break for more than two hours, and no more than eight hours total per day.
6. Exercise your right not to testify against yourself
This is the key rule. The Constitution of Ukraine directly establishes that a person is not liable for refusing to give testimony regarding themselves, family members, or close relatives.
If a person being questioned as a suspect states they refuse to answer questions, the investigator or prosecutor must immediately stop the interrogation. The right to remain silent is not a violation or admission of guilt — it is a lawful procedural right.
7. Don't guess and don't fill gaps with assumptions
Before interrogation, a witness is warned about criminal liability for refusal to testify and for knowingly false testimony. Therefore, you cannot answer 'just in case' or try to please the investigator with an inaccurate answer.
If a question is formulated vaguely or touches on circumstances that could create risks for you personally, this should be discussed in the presence of a lawyer.
8. Read the protocol carefully before signing
Before signing, participants must be given the opportunity to review the protocol text. Remarks and additions are entered before signatures.
You cannot sign the protocol automatically. Check whether questions and answers are correctly reflected, whether your remarks are included, and whether the lawyer's participation is documented.
What not to do
Don't come to an interrogation 'just to chat' without knowing your procedural status and proceedings number. Don't ignore a proper summons without valid reason. Don't give testimony against yourself or close relatives if the question creates risk for you.
Don't go without a lawyer if the case could potentially concern you personally. And don't sign the protocol until you have read it completely and made your remarks.
A summons for interrogation is not a formality — it's a procedural situation where it's easy to make a mistake with consequences for years ahead. From the first minutes, it's important to take the situation under control: verify the legality of the summons, understand your status, come with a lawyer, exercise your right to silence within the law, and prevent the recording of distorted testimony in the protocol.