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Duties of a witness:
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ulaf.org.ua
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What should you do if you were an eye witness to the
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EYE WITNESS
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Witness eng

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Witness eng

  1. 1. Duties of a witness: 1) 2) 3)   • •      • • • • • Please note:       pro-bono.in.ua ulaf.org.ua pro-bono.in.ua ulaf.org.ua With support from the U.S. State Department YOUR FEEDBACK IS IMPORTANT http://ulaf.org.ua/np/ DO NOT REMAIN ALOOF, YOUR HELP MAY SAVE SOMEONE’S LIFE Letter of rights to appear once summoned before an investigating officer, prosecutor, investigating judge or court. If you do not come once summoned without good cause, you may be subject to detention, i.e., forced delivery to court in connection with your evasion from voluntary attendance once summoned without good cause at the specified time to give truthful testimony. Please remember that there is criminal liability provided for false testimony. not to disclose, without consent of an investigating officer, prosecutor, court, information of which you became aware as a witness. Not to disclose, without consent of an investigating officer, prosecutor, court, information which directly relates to the merits of the criminal proceeding and procedural actions that are being carried out (were carried out) during such proceeding. There is criminal liability provided for the a witness is obliged to appear once summoned regardless whether he/she has, according to the law, the right to refuse to testify if a witness fails to appear once summoned without good cause or if he/she does not inform about the reasons for his/her failure to appear, money penalty shall be imposed on such witness! penalty applicable for the failure to appear before an investigating officer or a prosecutor is imposed in the amount ranging from 0.25 to 0.5 amounts of the minimum salary penalty applicable for the failure to appear before an investigating judge or court is imposed in the amount ranging from 0.5 to 2 amounts of the minimum salary GOOD CAUSES APPLICABLE FOR FAILURE TO APPEAR ONCE SUMMONED illness or sickness (officially confirmed by a medical institution) force majeure events (for instance, natural disasters) failure to receive summons that is duly confirmed being abroad, being in the military service other good causes that are duly confirmed with certain documents What to do once you are summoned or served summons? Notify a person who summons you that you received the summons Take with you an ID (passport or a driver’s license) Tell with detail and truthfully the circumstances of which you became aware and which relate to the matter merits Read carefully all documents that are provided for your signature, if needed, make comments and clarifications thereto Do not disclose information of which you became aware in respect of a criminal offence as such information is covered by the secrecy of investigation You have the right to inform anyone about your visit to the police office and to appear with your lawyer if you believe his/her presence is needed while providing your testimony. before the questioning an investigating officer shall be obliged to verify the witness identity, explain his/her rights and the procedure for the questioning each witness will be questioned separately, in the absence of other witnesses and third parties who have no relation to the criminal proceedings (including law enforcement officers) the questioning may not continue without a break for more than two hours, and in total for more than eight hours per day In the future, in court each witness will be questioned separately. Witnesses come to the court hearing premises by turn. Witnesses who have not yet testified do not have the right to be in the premises while the court hearing continues SPECIFIC FEATURES OF THE UNDERAGE WITNESS QUESTIONING (Article 354 of the CPC) An underage witness questioning, and, upon the court discretion, a minor witness questioning shall be carried out in the presence of the following: a lawful representative; a teacher or a psychologist; a doctor, if needed. In certain cases, an underage or minor witness may be questioned, upon the court ruling, outside the court hearing premises using videoconference (remote court hearing in other premises). If you believe that there is a threat to your life / health / home / property (or those of your family, close relatives) in connection with you performing duties as a witness, please inform the police directly so that respective safety measures may be determined. If you have any additional questions, call the hotline of the National police of Ukraine: 0 800 500 202 (twenty-four-hour) 2
  2. 2. Please note:    What should you do if you were an eye witness to the offence? EYE WITNESS          1. 2. 3. 4. 5. 6. 7. 8. Rights of a witness: 1) 2) 3) 4) 5) 6) 7) WITNESS Rights and duties of the action witness: A person who witnessed himself/herself any event, accident, crime, as well as a person who came across the consequences of such events, is an eye witness. Any person who was an eye witness to an event, regardless of his/her age, may be a witness. It is extremely important to address law enforcement authorities and inform of criminal actions which you witnessed! Owing to the testimony that you provide in respect of the event, one may establish actual circumstances of the matter and an identity of a criminal; this would allow cases when not guilty persons are charged with criminal liability to be prevented, and would help solve the case. You might also need a witness Your testimony may save someone’s life Impunity is the greatest incentive for the crime Inform (call) the police Wait for the police arrival Provide aid to the victim if needed Tell the police about the circumstances and events of which you are aware Leave your contact details to the police At home please recollect once again the circumstances and facts of which you became aware and write them down in detail If your information is important for solving the case, you may be summoned to the police office by mail or phone (Article 112 of the Criminal Procedure Code of Ukraine, hereinaſter referred to as the CPC). AN EYE WITNESS BECOMES A WITNESS IF HE/SHE PROVIDES TESTIMONY IN THE ORDER PROVIDED FOR BY THE CRIMINAL PROCEDURE LAW According to Article 63 of the Constitution of Ukraine, a witness may refuse to testify against himself/herself, close relatives and members of his/her family ACTION WITNESS You are an action witness if you are invited by an investigating officer or a prosecutor to attest a certain fact, contents and results of carrying out of certain actions by the police Your consent to act as an action witness will help: 1) eliminate the possibility of falsification on the part of the law enforcement officers 2) carry out civil oversight over the actions that are being taken 3) guarantee impartiality of recording by the law enforcement officers of a fact, contents and results of procedural actions. to be impartial in the results of the carrying out of a procedural action, and in the event of the conflict of interests to inform a responsible officer of this at once to provide truthfully his/her identifying and contact information to be aware of the matter contents, provide questions and receive responses thereon to understand in which specifically procedural action you are taking part which actual circumstances of the case will be established this time which procedure provides for this to read carefully all documents that are provided for signature, and if needed make comments and clarifications thereto upon request of an investigating officer, prosecutor, not to disclose information as to the procedural action being carried out to be ready for the questioning as a witness in court as to the procedural actions in which you participated as an action witness Technical recording (photo, audio or video recording) may be used while carrying out procedural actions (Articles 104-107 of the CPC). AN ACTION WITNESS BECOMES A WITNESS ONCE HE/SHE PROVIDES TESTIMONY IN THE ORDER PRESCRIBED BY THE CRIMINAL PROCEDURE LAW. SPECIFICALLY FROM THIS TIME, HE/SHE WILL ENJOY THE RIGHTS, DUTIES, LIABILITY AND SAFETY THAT ARE PROVIDED FOR A WITNESS. IMPORTANT TO NOTE! THE LAW PROVIDES FOR THE CRIMINAL LIABILITY FOR THE CRIMES AGAINST JUSTICE: For forcing to provide testimony (Article 373 of the CPC). For failure to take safety measures in respect of persons taken under protection (Article 380 of the CPC). For disclosure of information on safety measures in respect of persons taken under protection (Article 381 of the CPC). For consciously false information on the crime commitment (Article 383 of the CPC). For consciously false testimony (Article 384 of the CPC). For a witness refusal from testimony or an expert (or interpreter) refusal to perform duties imposed thereon (Article 385 of the CPC). For hindering a witness, victim, expert to appear once summoned; forcing them to refuse to provide testimony or opinion (Article 386 of the CPC). For disclosure of information relating to operational investigation activities, pre-trial investigation (Article 387 of the CPC). For crime concealment (Article 396 of the CPC). to know in connection with which and in which criminal proceeding you are being questioned to use legal aid of a lawyer while testifying, participating in other procedural actions to refuse to testify against himself/herself, close relatives and members of one’s family, as well as in respect of information not subject to disclosure to testify in mother tongue or another language in which you are fluent and use help of an interpreter to use notes and documents in those cases when testimony relates to any calculations and other information which is difficult to hold in one’s memory to read the minutes of the interview and make requests as to making changes, supplements and comments thereto, as well as make such supplements and comments himself/herself to file requests to secure safety in cases prescribed by law to file objections to an interpreter8)

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