# Summoned as a witness in Georgia? — Witness rights and a lawyer During an investigation, a person may be invited to an interview — this is voluntary. Questioning before a magistrate judge and testifying in court, however, are mandatory. We help you understand what you are obliged to do and protect your rights as a witness. - [If detained — WhatsApp 24/7](https://wa.me/995551004300) - Confidential - Georgian · English · Russian - Consultation from 300 GEL - Courts of all instances An interview is voluntary, and no one may be forced to produce evidence or give information. The person interviewed has the right to a lawyer at their own expense and the right not to give information against themselves or a close relative (Criminal Procedure Code, Article 113, parts 1 and 2). If you refuse the interview, a party can apply to a magistrate judge to have you questioned as a witness before the judge. There, giving testimony is mandatory, and refusing leads to criminal liability (Article 113, part 8; Article 114, parts 2 and 3). ## Interview during the investigation - Before the interview you must be told that it is voluntary; this is noted in the record (Article 113, part 4). - Even if you refuse, you must give correct personal details (Article 113, part 5). - If you agree to the interview, you must give correct information. You must be warned in writing about liability for false information (Criminal Code, Article 370) and false accusation (Article 373) (Article 113, parts 6 and 7). - The interview may be audio- or video-recorded — you must be told in advance (Article 113, part 9). ## Questioning before a magistrate judge During the investigation, at a party's request, a person may be questioned before a magistrate judge — for example, if they refused the interview, if they are leaving Georgia for a long time, or if there is a real risk to their life or of their health deteriorating (Article 114, parts 1, 2 and 2¹). - Testifying before the judge is mandatory; refusing leads to criminal liability (Article 114, part 3). - The court summons you by notice, by phone or by other means of communication; if you fail to appear without a valid reason, you may be brought by force (Article 114, part 8; Article 149). - The questioning takes place at a closed hearing; questioning at night is not allowed (Article 114, parts 6 and 12). - You have the right to a lawyer at your own expense (Article 114, part 11). ## Witness rights Under Article 49, a witness has the right to: - Know in which case they have been summoned. - Refuse to give testimony that incriminates them or a close relative in a crime. - If they do not know, or do not know well, the language of the criminal proceedings, testify in their native or another preferred language and use an interpreter at the state's expense. - Read the record of an investigative action in which they took part and ask for comments, additions and changes to be made. - Ask for special protection measures. ## Who is not obliged to be a witness The duty to testify does not apply, for example, to (Article 50): - A close relative of the accused. - A lawyer — about circumstances that became known to them while acting as a lawyer or giving legal assistance. - A member of the clergy — about circumstances that became known to them through confession or other confidence. - A journalist — about information obtained in their professional work. ## A witness in court - A witness must appear when summoned by the court and answer the questions put; they can be brought by force (Article 49, parts 2 and 3). - In court a witness takes an oath; for reasons of belief or other reasons they may give an affirmation instead (Article 48). - A witness's refusal to testify is a crime (Criminal Code, Article 371). A person who refused to testify against themselves or a close relative is exempt from liability. ## Our services - Advice before the interview: what is mandatory and what your rights are - A lawyer at your side at the interview and at questioning before a magistrate judge - Checking the record and adding comments - Assessing the legal grounds for refusing to testify — protection from self-incrimination and from incriminating a close relative - Requesting special protection measures ## Questions & answers ### Do I have to attend an interview? No — an interview is voluntary (Article 113). If you refuse, a party can ask for you to be questioned before a magistrate judge, where testifying is mandatory (Article 114). ### Can I bring a lawyer? Yes. At an interview and at questioning before a magistrate judge you have the right to a lawyer at your own expense (Article 113, part 2; Article 114, part 11). ### Can I refuse to testify against a relative? A witness has the right not to give testimony that incriminates them or a close relative in a crime (Article 49). A close relative of the accused is not obliged to be a witness at all (Article 50). ### What happens if I do not appear in court? A witness summoned by the court must appear; if they do not, they can be brought by force (Articles 49 and 149). ### What is the penalty for refusing to testify? A fine, community service of 120 to 180 hours, corrective labour of up to 1 year or imprisonment of up to 6 years (Criminal Code, Article 371). A person who refused to testify against themselves or a close relative is exempt from liability. ## Legal basis - [Criminal Procedure Code of Georgia](https://matsne.gov.ge/ka/document/view/90034) - [Criminal Code of Georgia](https://matsne.gov.ge/ka/document/view/16426) Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge. Important: the information on this page is general and is not legal advice. It reflects the law in force on the date of publication. The law may change, and every case is assessed individually. Do not make decisions based solely on this information — it is best to consult a lawyer first. 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