Interrogation is a fundamental investigative action that occurs in virtually every criminal proceeding, regardless of which authority conducts the pre-trial investigation.
This article offers practical tips to help minimize risks for individuals summoned for questioning as witnesses.
The purpose of interrogation is to obtain testimony—information about circumstances known to the witness that are relevant to a criminal case. A witness’s testimony is a procedural source of evidence and is sometimes the key element in a case file.
In U.S. legal terminology, instead of the classical term interrogation, lawyers often use questioning, which more accurately reflects both the form and spirit of this procedural action.
An interrogation involves a conversation between the investigator and the witness, during which the investigator formulates questions and receives answers relevant to the subject.
Communication with an investigator almost always includes emotional and psychological techniques to extract information. Investigators often create the impression of mutual interest, appeal to a witness’s positive character traits, and use techniques of informational manipulation. The appearance of being well-informed and verbal manipulation are regular tools of the trade.
Having a lawyer present helps neutralize such tactics. A defense attorney’s role is, first and foremost, to maintain an invisible barrier between their client and the inquisitive investigator.
Since a lawyer cannot testify on behalf of the client, and you will be the one answering questions, we recommend doing a “mock” interrogation in advance. A lawyer can predict likely questions and help remove the element of surprise.
Naturally, your lawyer cannot advise you to distort facts or give false testimony. However, you can jointly assess the consequences of giving certain answers and determine when you have the right to refuse to testify.
Key Tips for Witnesses:
1. Avoid giving free-form narratives, unless specifically advised to do so by your attorney.
The investigator’s questions should be clear and free of assumptions or leading language. Ask for clarification if anything is unclear.
2. Don’t rush to answer.
Pause for 5–10 seconds after each question. This gives you time to understand the question’s intent and predict the consequences of your answer. It also allows you to control the pace of the interrogation and stay calm.
You don’t need to come off as someone with “nothing to hide.” You need to take a pause. Every time.
3. Keep your answers brief and to the point.
Do not offer more information than asked. The principle is: sufficient minimum. You’ll have the chance to add clarifications in the written record after all questions have been asked.
At the end of the interrogation, both parties will be more informed. The investigator gains testimony, while you gain insight into what the investigation truly focuses on. Pay attention to the sequence and nature of the questions—this can be helpful later.
You’re obligated to testify only about facts you personally witnessed. If you weren’t present, do not guess—that’s the investigator’s job.
You have the right to refuse to testify about yourself, close relatives, or family members if it could lead to criminal suspicion. In fact, you should exercise this right when applicable.
Witnesses must provide truthful testimony. Lying under oath can lead to criminal liability.
So, a witness must either tell the truth or lawfully refuse to testify. But when exactly can you use your right under Article 63 of the Constitution of Ukraine?
Example:
Scenario 1: The witness is a secretary to Ivanenko I.I.
Question: “Did you see Petrenko P.P. hand over a white folder to Ivanenko I.I. in office #23?”
If neither Ivanenko nor Petrenko fall into the category of close relatives, and the witness was not directly involved in the event, the witness should answer the question. Possible responses:
“Yes, I saw it,” or “He handed something over, but I didn’t pay attention,” or “I’m not sure, I can’t say for certain.”
Scenario 2: The witness is the person who handed over the folder to Ivanenko I.I.
Question: “Did you give Ivanenko I.I. a white folder in office #23?”
Answer: “Under Article 63 of the Constitution of Ukraine, I refuse to answer this question.”
What’s the difference?
In the second case, the witness personally participated in the event, and the answer could be used as grounds for suspicion in a crime.
If you’re unsure of the consequences of answering, say:
“I need to consult my lawyer before answering.”
You’re entitled to confidential communication with your attorney.
If you’re uncertain, emphasize that. Forgetting specific details is not a crime. Nobody expects you to have a photographic memory.
Be prepared that interrogations may be recorded on video. This adds stress—stay calm. It’s harder for the investigator to pressure a witness who shows no visible emotional reactions.
Keep in mind that most investigators are inherently skeptical of any testimony. That’s understandable—they’re required to verify all statements through other evidence or witness accounts.
So, if the investigator doesn’t seem to trust you—don’t be surprised. Stick to the behavior strategy agreed with your lawyer.
Finally, carefully review the interrogation report. If your words were recorded inaccurately or rephrased, insist on corrections. You are not obliged to sign the report until your testimony is recorded correctly.
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