Legal assistance in giving explanations and testimony in criminal proceedings
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Have the police requested you (even by phone) to give an explanation or a testimony? When summoned by the police, you are obliged to appear and give an explanation or a testimony. At the same time, however, you have the right to legal assistance in giving explanations or testimonies and the resulting
- right to schedule a date for giving an explanation or a testimony that does not overlap with any work or other important commitment that you might have (you cannot, of course, unreasonably avoid giving an explanation or a testimony)
- right to a prior consultation with an expert lawyer, including whether you have the right to refuse to give a testimony for fear of your own or a close person’s prosecution, or even the obligation to refuse to give a testimony if your testimony would breach an obligation of confidentiality or a special regime for classified information
- right to have a lawyer present in person when you give your explanation or testimony to the police
Please do not underestimate the role and involvement of a lawyer when giving explanations or testimonies. It is especially true in criminal proceedings that you can hardly take back what you once said.
What issues do we typically handle for clients in relation to giving explanations and testimonies in criminal proceedings?
- Do I have the right to refuse to give a testimony?
- I have been summoned to give an explanation in criminal proceedings, what rights do I have?
- Preparation before giving an explanation and testimony in criminal proceedings
- What is the process of giving an explanation to the police in the context of the pre-trial criminal proceedings?
- Representation when giving an explanation to the police
- What is the process of giving a testimony to the police?
- When and about what facts am I obliged to testify?
- When can I refuse to give an explanation?
- Complaint against the initiation of criminal prosecution
- Complaint about the conduct of authorities in giving explanations and testimony
