Introduction: Protection Against Self-Incrimination
A witness is one of the most important yet vulnerable figures in criminal proceedings. The Constitution and legislation of Georgia guarantee the fundamental right that no one is obliged to testify against themselves or close relatives. Practical realization of this principle is often difficult, as law enforcement sometimes tries to compel a witness to say things that could turn them into a potential suspect. Witness immunity and counsel involve legal protection by a lawyer to ensure the witness does not harm their own legal standing and, if necessary, reaches a procedural agreement in exchange for cooperation.
What Does This Service Cover?
This service provides full legal support for witnesses:
- Pre-interrogation Consultation: The lawyer explains the witness''s rights in detail, including the right to silence and the prohibition against self-incrimination.
- Accompaniment to Interrogation: Physical presence of the lawyer during questioning to prevent psychological pressure and trick questions.
- Immunity Negotiation: In special cases, the lawyer negotiates with the prosecution for a "cooperation agreement" (a form of plea bargain), where a person provides information about another''s crime in exchange for leniency or immunity for themselves.
- Legal Assessment of Changing/Refusing Testimony: Counseling on risks associated with changing or refusing testimony (to avoid liability under Articles 370-371 of the Criminal Code).
Common Situations and Scenarios
A witness needs a lawyer when:
- Risk of Status Change: There is a real danger that the witness will be reclassified as an accused based on their own testimony.
- Whistleblowing: The witness knows about a crime they might have been indirectly involved in and wants to cooperate with the investigation with safety guarantees.
- Testifying Against Relatives: The witness is being forced to testify against a family member, which they do not wish to do.
- Corporate Crimes: Company employees are questioned within the scope of an investigation against management.
Georgian Legal Framework
Article 15 of the "Constitution of Georgia" and Article 49 of the "Criminal Procedure Code" establish the witness''s right not to give incriminating testimony against themselves or close relatives. At the same time, a witness is obliged to cooperate with the investigation and tell the truth about other circumstances. Perjury is a criminal offense. The lawyer''s task is to maintain this delicate balance – for the witness to fulfill their civic duty without harming their own interests.
Step-by-Step Process
1. Engaging a Lawyer: Contact a lawyer immediately upon receiving a summons.
2. Strategy Development: The lawyer assesses risks and advises on which questions to exercise the right to silence.
3. Interview/Interrogation: The process takes place in the presence of the lawyer, who objects to illegal actions.
4. Signing the Protocol: After the testimony, the lawyer checks the accuracy of the protocol before signing.
5. Negotiation (if needed): Discussing immunity or leniency with the prosecutor.
Why Choose a Specialist on Legal.ge?
A "witness without a lawyer" often becomes an "accused." Lawyers listed on Legal.ge are criminal law experts who know how to protect your constitutional rights in the interrogation room. Do not rely solely on yourself when dealing with law enforcement – secure yourself with professional help.
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