I am summoned to the police for questioning as a witness: what to do under Georgian law

What to do

1. Who calls and where. A call from an investigator, prosecutor or lawyer for a “conversation” is an interview: interviews by the parties (police, prosecution, defence) are voluntary; information cannot be compelled (CPC Art. 113). The voluntary nature must be explained before the interview starts, with a note in the record (CPC Art. 113). A summons or call from a magistrate judge is different: the court summons by a summons notice, by phone or otherwise, indicating who, where and when, and the consequences of non-appearance (CPC Art. 114).
2. During the interview: even if you refuse the interview, you must state your correct personal details (CPC Art. 113); the interviewee may come with a lawyer (at their own expense) and may refuse to give information against themselves or a close relative (CPC Art. 113); false information given in an interview or interrogation is a crime (CC Art. 370). If the questions show that you are suspected, end the interview and attend only with a lawyer.
3. Refusing the interview: if you refuse the interview, the prosecution (or defence) may apply for an interrogation before a magistrate judge (CPC Art. 114); if the motion is granted, the interrogation begins no later than 24 hours later; no interrogations at night (CPC Art. 114); testimony before a magistrate is mandatory, and refusal entails criminal liability (CPC Art. 114); if you fail to appear for a court summons without good reason, you may be brought in by force (CPC Art. 149); a witness before a magistrate also has the right to a lawyer at their own expense (CPC Art. 114).
4. Relatives and self-incrimination: a witness has the right not to give testimony that incriminates themselves or a close relative (CPC Art. 49); a close relative of the accused is not obliged to be a witness at all (CPC Art. 50). Close relatives are parents, adoptive parents, children, grandchildren, grandparents, siblings and spouse (including a former spouse); a cohabiting partner is not included (CPC Art. 3). A witness's refusal to testify is a crime; refusal to testify against oneself or a close relative is not punishable (CC Art. 371).
5. Where to apply: police or prosecutor (interview is voluntary); magistrate judge of the district (city) court (mandatory interrogation); lawyer.
6. Evidence: who called (full name, position, body, case number), the court summons or message, a copy of the interview or interrogation record: read it and note any corrections before signing.
7. Traps: treating the investigator's call as a mandatory summons, when it is an invitation to a voluntary interview; ignoring a summons from a magistrate judge, which is already an obligation and may lead to escort by force; agreeing to an interview and lying, which carries liability for false information; believing you may refuse to testify against a cohabiting partner, uncle or friend: the privilege applies only to close relatives under the law.

Be sure to check

• an interview by the police or prosecutor is voluntary: you may refuse (but must state your personal details) and may come with a lawyer
• if you refuse, a party may seek an interrogation before a magistrate judge; there testimony is mandatory, refusal is punishable, and non-appearance may lead to escort
• the right not to testify against yourself and close relatives (spouse, including former, parents, children, siblings, grandparents, grandchildren)
• false information is criminally liable both at an interview and at an interrogation