Can investigators send summonses for questioning in messengers? 📲
⚠️Recently, investigators have replaced the practice of sending summonses by mail to a more convenient one for themselves. Agendas are sent directly to Viber, WhatsApp, Telegram, etc.
Do you have to appear before the investigator on a certain date and time?
The law defines the following methods of calling:
1️⃣ direct delivery of the summons to the person;
2️⃣ sending it by mail, e-mail or facsimile;
3️⃣ making a call by phone or telegram.
As there is no mention in the list of sending summonses to mobile applications, the investigator has no right to send them to Viber, WhatsApp, Telegram, etc., and you are not obliged to appear before the investigator.
How do investigators react to the refusal to appear in such a case?
They have the right to go to court to ask for you to be forcibly brought. However, the courts refused to forcibly interrogate him.
What do courts take into account if an investigator requests permission to force a person to appear due to non-appearance?
✅It is not possible to confirm that the summons was sent by the investigator and the recipient's number is assigned to a specific person
✅ The profile photo in the messenger is also not a confirmation of receiving the summons, because every user has such an opportunity
✅ The law does not provide for calls via mobile applications, as it is not possible to confirm receipt of the summons by a person.
A few examples
The investigator sent summonses via mobile applications "Viber", "WhatsApp". The court noted that there was no indisputable reason to believe that this number was used by this person. At the same time, the identification of a person by his photo in the WhatsApp mobile application is doubtful. (Shevchenkivsky District Court of Kyiv, decision of 18.05.2018)
However, the court may respond if the person responds to the report and refuses to appear before the investigator. For example, a person read the first summons in the Viber mobile application, but did not respond to the call. Also on the 2nd and 3rd agenda of the call in the mobile application "Telegram", she announced that she was working and would not come to the call and gave the answer: "I'm sorry, I'm at work! I have no idea. ” That “Good afternoon, I remember I don't have to send the same thing every time. I'm at work". The court granted permission for coercive action (decision of 17.09.2020, Kyiv district court of Odessa)
What to do in case of receiving a summons in the application?
💡Не відповідайте на повідомлення
💡Перешліть повістку своєму адвокату для отримання консультації
What does an interrogation summons mean?
Neither the investigator nor the prosecutor has the right to seize the accounts on their own. To do this, they go to court. Accordingly, the arrest can be lifted only in court.
❗ There is an active criminal proceeding, which includes your company. These companies could appear at the investigator after a search of the contractor, from the tax office, as a result of interrogation of a witness, etc.
❗ There are risks for the company to search and seize accounts.
How to summon for questioning?
By phone, summons home or to work, and more recently - also dump summonses in messengers. Is it legal to summon an interrogation in mobile applications? Read more in the article: “Call for questioning: TOP-5 advice“.