- Business in Poland -
First Interview at the Prosecutor’s Office – How to Prepare and Avoid Mistakes
An interview at the prosecutor's office is a procedural act usually conducted during the pre-trial phase, aimed at obtaining either a suspect's statement or a witness's testimony in accordance with the rules set out in the Code of Criminal Procedure [1]. For the person summoned, this is a moment of major practical importance. Initial statements become part of the case file, affect credibility assessments, and may influence the further legal defense strategy.
In business, executive, and reputation-sensitive cases, not only the substance of the answers matters, but also the sequence of steps taken before appearing. A mistake made at the beginning of proceedings can be difficult to correct later.
Summons to the prosecutor's office - what to check before the date
A summons to the prosecutor's office should be read carefully. Four issues are key:
- your procedural status - witness, suspect, or a person against whom charges are about to be brought,
- the date, time, and place of appearance,
- the case reference number and the authority handling the matter,
- information on the consequences of failing to appear.
If the summons does not clearly state in what capacity you are to appear, it is worth clarifying this in advance. The position of a witness differs significantly from questioning as a suspect. In the latter case, important issues include the right to defense, access to legal counsel, and deciding whether to give a statement immediately or only after reviewing the case materials [1].
In practice, it is also important to secure documents related to the case. This is particularly relevant for management board members, CFOs, HR teams, and compliance officers. However, any action that could be seen as interfering with evidence should be avoided. Each case requires a separate assessment of the facts.
Questioning as a suspect - the most important suspect rights
Suspect rights arise primarily from the Code of Criminal Procedure. A person against whom charges have been brought is not required to prove their innocence or provide evidence against themselves [1].
Key rights include:
- the right to defense, including the right to assistance from defense counsel - Article 6 of the Code of Criminal Procedure [1],
- the right to give a statement or to refuse to give a statement - Article 175(1) of the Code of Criminal Procedure [1],
- the right to refuse to answer specific questions - Article 175(1) of the Code of Criminal Procedure [1],
- the right to be informed of the charges and their factual basis,
- the right to submit evidence motions,
- the right to review the record and submit comments to it.
From a procedural risk perspective, making informed use of the right to remain silent is especially important. It is a legal right, not an incriminating circumstance. In every case, giving broad statements immediately is not always the best solution. In white-collar crime proceedings, consistency with documents, correspondence, and corporate decisions is crucial.
More about defense practice in such matters can be found in the criminal law section, which outlines the most common risks and stages of proceedings.
How to prepare for an interview at the prosecutor's office
Preparation should not mean creating an artificial version of events. The goal is to organize the facts, documents, and chronology.
1. Establish your procedural status
First, confirm whether you are being called as a witness or for questioning as a suspect. This determines the scope of your obligations and rights. As a rule, a witness must tell the truth, while a suspect may refuse to give a statement [1].
2. Review documents and build a timeline
In business cases, many mistakes result from imprecise answers about dates, document flow, authority levels, and the decision-making process. It is worth preparing a chronology of events, a list of people involved, and a set of key documents.
3. Verify related risks
One criminal case may trigger risks across several areas at once - corporate, employment, regulatory, and reputational. For this reason, preparing for a procedural act often requires a broader view than the wording of the charges alone.
4. Define a statement strategy
Before the interview, it is worth identifying which facts are undisputed, which require documentary support, and which should be discussed only after gaining fuller knowledge of the evidence. In this context, it may also help to review materials discussing the first interview at the prosecutor's office from the perspective of procedural strategy planning.
Most common mistakes during an interview at the prosecutor's office
The biggest problems usually do not result from one serious error, but from several seemingly minor mistakes.
- Giving a statement without understanding the charge. Without knowing the factual basis, it is easy to make inconsistent or premature statements.
- Guessing the answer. If a particular circumstance is uncertain, do not guess. It is better to say you do not remember than to provide information that turns out to be false.
- Confusing facts with opinions. Facts should be clearly separated from interpretations and assumptions.
- Ignoring the interview record. The record should be read carefully before signing. If necessary, request corrections or additions [1].
- Discussing the case without controlling the risk. After the interview, you should not freely comment on its course to third parties, co-workers, or the media.
What to expect on the day
The course of the procedural act depends on the stage of the case, but it usually includes:
- identity verification,
- information about rights and obligations,
- announcement of the decision to bring charges and information about the content of the charge, where applicable,
- a question as to whether the person wishes to give a statement,
- questions and preparation of the official record.
If the procedural situation is complex, it is worth considering the involvement of defense counsel from the very beginning. This is particularly important in cases involving management misconduct, liability of company officers or board members, AML, corruption, workplace irregularities, and matters requiring rapid crisis management.
After the interview - what to do next
Once the interview is over, you should organize information about how it proceeded and assess the next procedural steps. This may mean the need to submit evidence motions, prepare documents, implement internal actions within the organization, or secure crisis communications. In sensitive matters, the speed of response can be just as important as the content of the statement itself.
This material is for informational purposes only and does not constitute legal advice. If you have received a summons or are planning to appear for an interview at the prosecutor's office, it is worth analyzing the facts and documents in advance and, if needed, consulting the experts at KKZ via the law firm's website.
FAQ - first interview at the prosecutor's office
Do you have to appear in person for an interview at the prosecutor's office?
As a rule, yes, if the summons was served correctly. Failure to appear without a valid excuse may trigger procedural consequences provided for in the Code of Criminal Procedure, depending on the capacity in which the person was summoned [1].
Does a suspect have to answer every question?
No. A suspect has the right to refuse to give a statement or to refuse to answer specific questions. This follows from Article 175(1) of the Code of Criminal Procedure [1].
Can you attend questioning as a suspect with a lawyer?
Yes. The right to defense includes the possibility of assistance from defense counsel. In practice, the presence of an experienced criminal defense lawyer is often especially important in white-collar and complex multi-issue cases [1].
Can you say you do not remember in response to a prosecutor's question?
Yes, if that reflects the actual situation. You should not guess or add details you are not sure about.
Can the interview record be corrected before signing?
Yes. It should be read carefully, and comments should be made if the record does not accurately reflect the statement or omits important reservations [1].
How can you tell whether a summons is for appearing as a witness or as a suspect?
This should follow from the wording of the letter or from the course of the procedural act. If your status is unclear, it is worth clarifying it before the date, because the scope of rights and obligations is different.
Bibliography
[1] Act of 6 June 1997 - Code of Criminal Procedure, consolidated text: Journal of Laws of 2024, item 37, as amended.
[2] Act of 6 June 1997 - Criminal Code, consolidated text: Journal of Laws of 2025, as amended.
[3] Constitution of the Republic of Poland of 2 April 1997, Journal of Laws No. 78, item 483, as amended.
Author: adw. Maciej Zaborowski, Managing Partner
E-mail: m.zaborowski@kkz.com.pl
