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Called in for questioning? Don’t panic!
In light of recent events, being summoned for questioning has become increasingly common. It might seem that if a person is not involved in any illegal activities, they can confidently attend the interrogation and tell the investigator or detective everything they are interested in. However, things are not so straightforward.
As strange as it may sound, law enforcement officers are increasingly pursuing their own personal interests in each specific case, with the pursuit of truth and the actual resolution of the case often taking a back seat.
Therefore, if you are considering attending an interrogation, do not rush or panic. First, you need to understand what kind of investigative action this is and whether it poses any risks to you.
An interrogation is an investigative action conducted to obtain evidence or verify already obtained evidence in a specific criminal case. Any person who possesses information about the circumstances of the crime and other facts relevant to the criminal proceedings can be summoned for questioning.
Interrogations may be conducted by: investigators from the National Police, the Security Service of Ukraine, detectives from the Bureau of Economic Security, detectives from the National Anti-Corruption Bureau, the State Bureau of Investigations, as well as a prosecutor.
It should be noted that officers from operational units (except for the detective unit and the internal control unit of the NABU) do not have the right to conduct interrogations on their own initiative (without a relevant order from an investigator or detective).
A person can be summoned for questioning through the delivery of a summons, which may be served in person, sent by post, email, fax, or by phone call.
The summons must be issued no later than 3 days before the day of the interrogation (as explicitly provided in Part 8 of Article 135 of the Criminal Procedure Code of Ukraine).
The summons should include the following details:
- the surname and position of the investigator, detective, or prosecutor issuing the summons
- the name and address of the institution issuing the summons, as well as its phone number or other contact details
- the surname, first name, and patronymic of the person being summoned, along with their address
- the number of the criminal case for which the summons is issued
- the procedural status of the summoned person
- the time, date, month, year, and place where the summoned person should appear
- the procedural action(s) for which the person is being summoned
- the consequences of failing to appear as summoned, including the possibility of forcible summons, and the conduct of a special preliminary investigation or special proceedings
- the valid reasons under the Criminal Procedure Code of Ukraine for which a person may fail to appear, and a reminder of the obligation to notify in advance if unable to attend
- the signature of the investigator, detective, or prosecutor issuing the summons
Thus, if you have been properly notified about a summons for interrogation, it is not advisable to ignore it or simply fail to attend. This could lead to negative consequences, such as a fine or being forcibly brought in for questioning.
Securing the support of a lawyer in criminal matters is the best course of action if summoned for questioning by law enforcement authorities.