Everyone can become a witness. Witnesses play a very important function in criminal proceedings. Their statements help courts establish the facts and thus contribute to justice being served.
The question of whether someone is guilty or innocent can depend to a great extent on the testimony of witnesses. Therefore, they constitute an integral part of the criminal justice system.
Witnessing a crime can have a traumatizing impact on an individual. The provision of a witness statement greatly helps the healing and closure process of an affected person.
Thousands of witnesses and victims of crimes give testimony in courts during criminal procedure each year. However, many witnesses do this for the first time in their life. Therefore, they may not be so well informed about their important role.
This website is supported by the European Union Advisory Mission in Ukraine (EUAM) to increase witnesses’ awareness of their responsibilities during criminal proceedings and make the experience of appearing before a court less stressful.
It is important to note that witness support should not be confused with witness protection. The latter is available only to witnesses who feel intimidated or threatened. To find out more please see the section “Witness Protection“.
The information on this website is accurate according to the law as it stands at 1 February 2019.
The European Union Advisory Mission (EUAM) in Ukraine is implementing the Pilot the Project of the
Witness Support Volunteering Service together with the Shevchenkivskyi District Court of Lviv city, the
Lviv Regional Prosecutor’s Office and the Lviv State University of Internal Affairs, the Ivan Franko
National
University of Lviv.
Volunteers offer personal assistance and practical advice to witnesses before the latter will testify in
the court. If the court, which summoned you to give evidence, has a witness support volunteers, you will
receive a leaflet together with a summons to the court.
If you have witnessed a situation, which you think is illegal and might be a crime, immediately report
it to the police on the telephone line “102” and wait for the arrival of law enforcement officers to
testify.
There are many different types of crimes stipulated in the Criminal Code of Ukraine. It is not your
responsibility to determine whether the behaviour you witnessed or were victim of is a crime under the
Criminal Code or an administrative offence. This is the responsibility of law enforcement
authorities.
There are also some important tips on the Website of the National Police of Ukraine
Victim is a person or a legal entity who/which suffered pecuniary or non-pecuniary damages caused by a crime. The law envisages that the victim can be an individual (human being) but also a legal entity.
Due to the adversarial nature of criminal justice, victims have a significantly more impact on the proceedings. This implies that a victim enjoys the full rights of the party in criminal procedures unlike a witness.
If you are a victim of crime, you have a right to testify, not obligation. Therefore, you can refuse to testify and you are not criminally liable for refusing to testify (while witness is a criminally liable for refusing to testify). However, it is highly recommended that you testify to enable the court to restore justice. Victim cannot be compelled to testify and to be brought to court by force. If you choose to testify though, you must tell the truth. As a victim, you are also criminally liable for false testimony.
You gain the status of a victim and receive the rights and duties of a victim from the time when you report that criminal offense or from the moment of filing an application for engaging into a process as a victim.
The investigator or prosecutor may adopt a motivated ruling refusing to recognize you to be a victim if they consider that you did not suffer damage as a result of the crime. Such decision may be appealed to the investigating judge. Assistance of an advocate or a free legal aid lawyer is recommended. Engage an advocate or contact your Local Free Legal Aid Centre.
If a criminal offence caused the death of a person, or if this person's condition prevents him/her from filing an appropriate application, family members of such deceased person are to be considered to be victims.
If you did not file an application that a criminal offense has been committed against you or an application for engaging into proceedings, you can be recognized as a victim by the investigator, the prosecutor or the court. Your written consent will be necessary. In the absence of such consent, you may be called into proceedings as a witness if necessary.
A written memo advising you on your procedural rights and duties as a victim, which you will receive usually from a law enforcement officer, serves as a confirmation that you have procedural status of victim. Therefore, keep this document.