“We will just have a chat, you are only a witness” — the most underestimated phrase in criminal procedure. A witness has no defence counsel by default, has no right to a meeting in private, and very often misses the moment when the conversation stopped being about somebody else.

Witness and suspect are different roles, but the line is thin

Your status in criminal proceedings is not for life. A person is summoned as a witness, gives a detailed account of “how it all was”, signs the record — and a week later that same testimony is quoted in a notice of suspicion served on them.

This is not a conspiracy by the investigation. It is a natural feature of the process: the investigator establishes the circumstances, and if your own words point to your involvement, your status changes. The difference is that a witness is obliged to give truthful testimony, and a suspect is not.

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How you can be summoned

A summons is the means of calling you in. It is served against signature, sent by post, by email or by fax, or passed on by telephone message. A simple phone call asking you to “drop in tomorrow” is not a summons in the procedural sense, and failing to turn up for it has no consequences whatsoever.

Articles 133, 135 and 136 of the Criminal Procedure Code of Ukraine

If you have received a genuine summons, you must attend. Valid reasons for non-attendance — illness, the death of a close relative, a natural disaster and other circumstances that objectively make attendance impossible — are listed separately in the law, and they should be notified in advance.

Article 138 of the Criminal Procedure Code of Ukraine

When the summons must arrive and what it must say

You must receive the summons no later than three days before the day you are required to attend. It must state: who is summoning you — the name and position of the investigator or prosecutor; where and when to attend; the number of the criminal proceedings; your procedural status; the investigative action you are summoned for; the consequences of non-attendance and the valid reasons for not attending.

Article 135(9) and Article 137 of the Criminal Procedure Code of Ukraine

The rights that actually work

• Not to testify about yourself, close relatives and family members. This is a constitutional right, and it requires no explanation or justification.
• To use the legal assistance of a lawyer. A witness has the right to come to questioning with a lawyer — and this is expressly provided for by the Code, it is not a courtesy from the investigator.
• To read the record and enter comments before signing. Disagreement with any wording is noted in the record itself.
• Not to be questioned for longer than the set time.

Article 63 of the Constitution of Ukraine; Article 66(1)(2) and Article 224 of the Criminal Procedure Code of Ukraine

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What to do before the questioning

1. Find out which proceedings you are being summoned in. The number of the criminal proceedings and the article are stated in the summons. That determines what the whole thing will be about.
2. Call a lawyer before, not after. Half an hour of conversation the day before is worth more than a month of putting things right afterwards.
3. Do not prepare a “version”. The task is not to invent a convenient story, but to understand the limits: what you are obliged to speak about, and what you have the right to stay silent about.
4. Do not discuss the summons with people involved in the case. Such conversations easily turn into a separate episode.

During the questioning

• Answer the question you are asked — do not say more than you were asked.
• “I do not remember” is a lawful answer, if you genuinely do not remember.
• Do not confirm somebody else's wording if it is not your own.
• If a question touches on your own possible involvement, that is the moment to use the right to stay silent.

Before you sign

The record is to be read in full, not skimmed. The most common harm comes not from what a person said, but from how it was written down: generalisations, shifted emphasis, omitted qualifications. Everything you disagree with goes into the comments on the record — and is signed.

Consequences of non-attendance and of false testimony

For failing to attend without valid reasons, a witness may have a monetary penalty imposed, and may be made subject to compulsory attendance, that is, brought in by force.

Article 139 of the Criminal Procedure Code of Ukraine

The penalty for failing to attend before an investigator or prosecutor is 0.25 to 0.5 of the subsistence minimum for able-bodied persons — in 2026, UAH 832–1,664. For failing to attend before an investigating judge or court, 0.5 to two subsistence minimums, UAH 1,664–6,656. Compulsory attendance is ordered only by an investigating judge or court, and only against someone who was duly summoned. It is not applied to a witness who is a minor, a pregnant woman, a person with a Group I or II disability, or someone raising children under six or children with disabilities on their own.

Articles 139 and 140 of the Criminal Procedure Code of Ukraine

Knowingly false testimony is Article 384 of the Criminal Code. A witness's refusal to give testimony is Article 385. But the key point is this: liability for refusal does not extend to cases where a person refuses to testify about themselves, family members or close relatives. You may use the right to stay silent about yourself with impunity.

Frequently asked questions

How many days in advance must a summons for questioning arrive?

No later than three days before the day you are required to attend. A phone call asking you to "drop in tomorrow" is not a summons and has no consequences for you.

What happens if a witness does not attend questioning?

If you were duly summoned and did not attend without a valid reason, and did not report one, a monetary penalty may be imposed — in 2026, UAH 832–1,664 for failing to attend before an investigator — and compulsory attendance may be ordered by an investigating judge.

Can I bring a lawyer to a witness interview?

Yes. A witness has the right to give testimony in the presence of a lawyer of their choice, and the investigator cannot refuse this.

Does a witness have to answer every question?

No. You have the right not to testify about yourself, family members and close relatives — without any explanation and without liability for refusing.

In short

Being summoned as a witness is neither a formality nor a reason to panic. It is a procedural step with clear limits: you have a duty to attend and to tell the truth, and you have the right to come with a lawyer and to stay silent about yourself. Problems begin where a person uses only the first half of that set.