The document and status control the next move
A voluntary interview, compulsory witness examination, accused-person questioning and arrest are different procedures.
In what capacity is the person contacted, and what document or legal basis supports the request?
A label used in a call or conversation cannot replace the formal record, the person's status and the legal basis for the action.
Build the procedural record
The invitation or summons, officer and file details, status warning, recording, interpreter record and signed interview text.
This page primarily concerns the Criminal Procedure Code or another specialist statute. The applicable offence article depends on the underlying allegation.
How counsel turns the issue into a case plan
For police contact: interviewee, witness, accused or arrested?, counsel can identify the operative procedure and decision-maker, test the prosecution theory against each legal element, obtain lawful defence material, frame expert or disclosure requests, preserve objections and prepare the next motion, hearing or cross-border step. Advice must be based on the actual record rather than the page title alone.
Verify the contact, request the document, state any need for counsel or interpretation and do not discuss facts until status is clear.
Ask: “In what capacity am I being contacted?”
An informal telephone call does not itself answer whether cooperation is voluntary or compulsory. The safe first step is to identify the procedural status and obtain the document or legal basis before discussing the alleged facts.
Voluntary interview
A person who may hold relevant information may be interviewed voluntarily. The person cannot be forced to provide information, may use a lawyer at their own expense and may refuse self-incriminating or close-relative information.
Witness examination
A witness called under the formal procedure may have a duty to appear and answer, but retains protection against self-incrimination, interpretation rights and the right to use a lawyer.
Accused questioning
An accused person may remain silent, refuse questions, use and confidentially communicate with defence counsel, receive interpretation and be informed of the accusation in a language they understand.
Arrest
From the moment movement is restricted, the person is treated as accused. The officer must state the grounds, suspected offence and core rights; an unwarned statement is inadmissible.
A practical response to police contact
- Confirm identity and authorityRecord the caller's name, agency, unit, number and the case or document reference. Verify unexpected contact through an official channel.
- Ask whether attendance is voluntaryRequest the written summons, ruling or other legal basis. A voluntary interview is different from testimony before a magistrate judge or questioning as an accused.
- Do not discuss facts prematurelyGive correct identifying details where required, but obtain legal advice before providing an account, documents, devices or consent that could affect the case.
- Arrange lawyer and interpreterState clearly that you want counsel before substantive questioning and, if necessary, an interpreter in a language you understand adequately.
- Control the written recordCheck every page, correction and attachment. Request that objections, omitted answers, interpretation problems and the use of audio or video recording are accurately noted.
- Preserve, do not manipulateSecure relevant messages, calls, documents and device data. Do not delete, edit, coach witnesses or obstruct a lawful action.
A voluntary interview can create a signed record and may affect later decisions. The interviewer must explain that participation is voluntary, the right to a lawyer at the person's expense, and protection against disclosing incriminating information about the person or a close relative.
Magistrate-judge examination requires a party's motion
A person may decline a voluntary Article 113 interview, but cannot personally order the interview to be moved to court. The prosecution or defence may apply to a magistrate judge under Article 114, and the judge decides whether formal compulsory witness examination is permitted. Read the complete procedure →
If police change your status
If questions begin to suggest personal suspicion, stop and ask whether you are now treated as an accused person. Once arrested or recognised as accused, the Article 38 safeguards apply before interrogation, including notification of the suspected offence, counsel, silence, protection against self-incrimination and interpretation where required.
Questions clients ask about police contact: interviewee, witness, accused or arrested?
Which procedural status matters most for Police Contact: Interviewee, Witness, Accused or Arrested?+
In Police Contact: Interviewee, Witness, Accused or Arrested, whether the person is an interviewee, witness, accused, arrested person, victim or another participant determines rights and duties. Before speaking with police in Georgia, establish whether contact is a voluntary interview, witness examination, accused questioning or arrest. Each status creates different duties, safeguards and consequences. Ask for the document or record that states status before assuming that an invitation, allegation or restriction speaks for itself.
Is participation in Police Contact: Interviewee, Witness, Accused or Arrested voluntary or compulsory?+
For Police Contact: Interviewee, Witness, Accused or Arrested, that depends on the exact act and legal basis. A voluntary police interview, compulsory court summons, accused-person interrogation, search order and judicial hearing follow different rules. Counsel should identify the issuing authority, consequence of non-attendance and available privilege or objection before the client responds.
Which record controls a dispute about Police Contact: Interviewee, Witness, Accused or Arrested?+
In a dispute about Police Contact: Interviewee, Witness, Accused or Arrested, the official summons, motion, ruling, procedural record, evidence inventory or judgment normally matters more than an informal description. Obtain a complete copy, verify interpretation, record corrections before signing where possible and preserve proof of service for any review deadline.
What can defence counsel do during Police Contact: Interviewee, Witness, Accused or Arrested?+
During Police Contact: Interviewee, Witness, Accused or Arrested, counsel can explain status, prepare the client, attend where the Code permits or requires, protect silence and interpretation rights, state objections, request lawful defence evidence and use the motion or review procedure appropriate to the particular decision.
What commonly determines the remedy for a problem with Police Contact: Interviewee, Witness, Accused or Arrested?+
For a problem involving Police Contact: Interviewee, Witness, Accused or Arrested, the decision-maker, timing, written reasons, objection already preserved, prejudice and current procedural stage determine whether the response is an immediate objection, application, evidentiary challenge, appeal or later review ground. These remedies are not interchangeable.
Primary sources for this guide
Legislation can change and official English translations may lag the Georgian text. Check the current consolidated version and obtain advice before relying on a deadline, offence classification or remedy.
Criminal Procedure Code of Georgia↗︎Constitution of Georgia↗︎Law of Georgia on Lawyers↗︎