Rights of victims and witnesses

If you have information about a criminal offense, you must report it to the police. If you are summoned to testify, you cannot refuse to do so, except in cases where you are asked to testify against yourself or your relatives.

It is very important to provide only true information about the incident, because a witness who provides false information in criminal proceedings is

liable to criminal prosecution.

WHAT IS A WITNESS

The Criminal Procedure Law states that a witness is a person who is summoned in accordance with the procedure established by law to provide information (testify) about the circumstances to be proven in criminal proceedings and all facts related to them.

In pre-trial criminal proceedings, a witness provides information in an interview or interrogation. In court, a witness provides information only in a cross-examination.

(Criminal Procedure Law, Article 109)

What information must a witness have?

A person who has directly obtained information about a criminal offense and the circumstances and facts related to it may become a witness. For example, they may have witnessed the commission of a criminal offense; noticed a person running away from the scene of the crime; or found the instruments of the crime or other related items. A witness may also be a person who has not personally witnessed the commission of a criminal offense, but has learned important information from other people related to the crime (for example, learned that someone offered to buy stolen goods; told about their own or another person’s involvement in the crime).

Who is not considered a witness?

A person who only has general, publicly available information about a criminal offense is not considered a witness – you cannot become a witness if all information about the criminal offense has been obtained, for example, from the media (TV, radio, newspapers). .

WITNESS RIGHTS

If you are summoned to a hearing as a witness, you can obtain information about the criminal proceedings in which you are being questioned, as well as information about the person who will be conducting the questioning (position, surname). Before asking questions, the prosecutor will provide you with information about your rights and obligations. If the interrogation is to be recorded in audio or video format, you will be notified of this before the interrogation begins.

A witness may:

• make comments and additions to the written testimony or request the opportunity to write the testimony themselves in a language they know;
• refuse to testify against themselves or their relatives;
• file a complaint about the conduct of the questioning or interrogation during the pre-trial criminal proceedings;
• file a complaint with the investigating judge about the unjustified disclosure of private life secrets in testimony or ask the court to withdraw questions about private life secrets and request that the request be recorded in the minutes of the hearing if it is rejected;
• invite a lawyer to receive legal assistance.

(Criminal Procedure Law, Article 110)

WITNESS OBLIGATIONS

When answering questions, a witness must provide only truthful information and testify about everything they know in relation to the specific criminal offense. Only persons who have such procedural immunity under the Constitution, this law, and international agreements binding on Latvia have the right not to testify.

A witness is obliged, at the request of the prosecutor, to provide in writing their postal or electronic address for receiving correspondence, as well as to appear at the time and place specified by the official conducting the criminal proceedings and to participate in the investigation, if the summons procedure has been followed. A witness may not disclose the content of the questioning and interrogation if they have been specifically warned not to do so.

(Criminal Procedure Law, Article 111)

IN COURT

A witness helps the court to establish the truth and reach a fair decision with their testimony. To make this possible, the court needs accurate facts, which can be provided by witnesses. Being a witness does not mean being accused or prosecuted. You are an assistant to the court, whose task is to provide honest and accurate information. Testimony is not just a formality – it is part of ensuring justice. Therefore, your contribution is not insignificant. Even a seemingly minor observation or detail can help to unravel what happened and reach the right verdict.

Your testimony can be decisive:

• it can help the court understand the course of events;
• confirm or refute other testimonies;
• reveal important facts that would otherwise remain unknown.

What are the stages of the court process for a witness?

Preparation:

• you will be summoned to court by an official summons or notice;
• the summons will indicate the location, time, and case number of the court;
• if you are unable to attend, inform the court in a timely manner. Failure to appear without a valid reason may result in consequences (a fine or compulsory attendance).

Arrival at court:

• arrive on time, at least 15-30 minutes before the specified time;
• bring your identity document (passport or ID card).
• There may be a security check at the court entrance.

Before testifying:

• you will be asked to wait in the waiting room;
• witnesses are not usually allowed to listen to other witnesses’ testimony until they have been questioned themselves;
• the court clerk or judge will call you.

Giving testimony:

• the judge will ask if you are aware that giving false testimony is a criminal offense;
• You should only say what you yourself have seen, heard, or experienced. Do not make assumptions.
• The judge and other participants in the proceedings (such as lawyers or prosecutors) will ask you questions.
• If you do not remember something or are unsure, say so honestly.

After giving testimony:

• After giving testimony, you may leave if the court does not call you back.
• If necessary, the court may call you back.

Witness rights:

• to know what case you are being called for;
• to refuse to testify against relatives or yourself (in accordance with the law);
• to receive compensation for lost work time and travel expenses (an application must be submitted).

Witness obligations:

• to appear in court at the appointed time;
• to give truthful testimony;
• to behave respectfully, without disruption or other inappropriate behavior;
• to observe the rules of safety and order in the courtroom.

More information Witness in court. Your rights and obligations | Court Administration