Questioning of persons - national proceedings

Ukraine

Code of Criminal Procedure of Ukraine 2012 (2015)

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 10

INQUIRY

Article 107. Interrogation of those suspected of having committed a crime

A suspect is summoned and interrogated in compliance with rules laid down in Articles 134 – 136, 145, and 146 of the present Code.

If a suspect was apprehended or a measure of restraint in the form of custody was imposed thereon, he/she is interrogated immediately and, when such immediate interrogation is impossible, - not later than 24 hours after apprehension. Presence of a defense counsel is compulsory during such interrogation, except when the suspect waives the right to defense counsel and his/her waiver is accepted.

Before interrogation, the suspect should be advised of his/her rights set forth in Article 43-1 of the present Code, and informed on what crime he/she is suspected of, and an appropriate note thereof is entered in the record of interrogation.

(Article 107 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Laws 3780-XII ( 3780-12 ) of 23.12.93, No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001 ).

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 12

BRINGING CHARGES AND INTERROGATION OF THE ACCUSED

Article 143. Interrogation of the accused

Investigator is required to interrogate the accused immediately after his/her appearance or compulsory appearance under law and in any case not later than 24 hours after charges have been brought.

Interrogation of the accused, save exceptional circumstances, should be conducted in daytime.

A defense counsel may be present during interrogation upon the consent of the accused and, in cases referred to in Article 45 of the present Code, defense counsel’s presence is mandatory.

The accused is interrogated in the place where pre-trial investigation is conducted and, if necessary, - in the place where the accused stays.

Several accused are interrogated separately. In such a case, investigator should take measures so that the persons accused in one and the same case could not communicate among them.

At the beginning of interrogation, investigator asks the accused whether he/she pleads guilty of charges brought and then invites him/her give testimonies in respect of merits of charges.

Investigator hears testimonies of the accused and, if necessary, asks him/her questions. It is not permitted to ask questions containing a reply, a part of reply, or prompting a reply (leading questions).

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(c) The questioning of any person being investigated or prosecuted;