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.
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.
Check what the contact legally requires
A telephone call or message
A call may be used to arrange contact, but the caller’s wording does not determine whether the proposed interview is voluntary or whether a court has issued a compulsory witness summons. Ask for the caller’s identity, authority, case reference, your stated status, purpose, address, exact time and consequences of non-appearance. Verify unexpected contact through an official number.
An “informal conversation”
There is no harmless category merely because the officer uses informal language. If facts are being requested, establish whether the exchange is an Article 113 voluntary interview, accused questioning or another investigative action before providing an account.
Police arriving at a home or workplace
Ask whether officers seek voluntary conversation, service of a document, execution of a summons, arrest, search or seizure. Do not obstruct a lawful measure, but do not treat a request for consent as if it were a court order. Preserve the decision, inventory and time record and use the search and seizure guide if property or devices are involved.
Contact at night
Article 111 generally prohibits investigative actions at night except in urgent necessity, and Article 114 provides that magistrate-judge witness examination is not conducted at night. Night contact does not by itself prove unlawfulness, but the authority should identify the urgent basis and accurately record the time and action taken.
Failure to appear
Refusing a voluntary interview is different from ignoring a compulsory court summons. A magistrate-judge witness notice may be communicated by summons, telephone or another technical means and should state who is calling, the purpose, authority, address, exact time and consequences of unjustified non-appearance. A person summoned by a court may be compelled to appear under Articles 149–150.
Recording and duration
Audio or video may be used during a voluntary interview after advance notice. An investigative action must be completed within a reasonable period, and the written record should show the start and finish, participants, status warnings, interpreter, recording method, breaks, corrections and objections.
Caller and authority · case reference · stated procedural status · requested time and place · exact warning about non-appearance.
Primary sources for this guide
Articles 111, 113–114 and 149–150 were checked for investigative timing, voluntary interviews, magistrate-judge witness examination, notices and compelled appearance. The operative Georgian text and exact document served control.
Criminal Procedure Code of Georgia↗︎Constitution of Georgia↗︎Law of Georgia on Lawyers↗︎