Securing evidence

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Offenders must be proven guilty of a criminal offence in court. For this, evidence is very important.

Support in criminal proceedings - Securing evidence

Securing evidence

A large number of evidentiary materials can help prove the guilt of an offender. Examples include photos of the crime scene or of injuries, or video recordings of the crime scene that show the extent of the damage or the offence itself. In addition to observations made by witnesses, DNA and fingerprint evidence can also help identify the offender. The same is true for the tools used during the offence (or the damage caused with them). The following applies to all types of evidence: If possible, do not make any changes to the crime scene, but call the police so that they can secure evidence.


Securing evidence in cases of hate and violence on the Internet

When individuals want to secure evidence of hate and violence on the Internet, they must take particular care to ensure that it is complete. To do so, they should take a screenshot that covers not only the comment itself, but also the post’s date and time and the (user) name of the alleged perpetrator.

Moreover, the context in which the comment was made should be visible. If a hate comment directly follows another comment, the screenshot should cover both postings. If several messages have been exchanged, the entire thread should be saved through screenshots or printouts. This is the only way to allow third parties to understand the situation.

It must also be clear against whom the comment was directed and when it was posted. A screenshot of the respective file also includes the date and time when it was taken. This time stamp can provide information as to when the post was still available on the Internet.





Securing evidence in cases of sexualised or physical violence

Victims of sexualised or physical violence can have their visible injuries documented. As a rule, all doctors – whether in private practice or a hospital – can issue a medical certificate of the injuries sustained by victims of sexualised or physical violence. Some cities also have outpatient clinics for the protection against violence. There, victims can have the injuries they sustained due to a criminal offence documented.

At these clinics, victims can be examined by forensic physicians to document injuries and secure other evidence. At this point, they do not have to report a crime. They can decide later whether or not they want to file a criminal complaint.

If victims take pictures of injuries themselves or let themselves be examined by doctors outside of such an outpatient clinic, these can also be used as evidence. However, a documentation by a forensic physician may have higher evidentiary value, since this documentation is conducted with a view to subsequent criminal proceedings.

Here you can find an overview of facilities for anonymous securing of evidence.



FAQ: Securing evidence

I have suffered sexualised or physical violence. Where can I have my injuries documented?

As a rule, all doctors – whether in private practice or in a hospital – can issue a medical certificate of the injuries sustained by victims of sexualised or physical violence. Some cities have specialised outpatient clinics for the protection against violence, where victims can have their injuries documented anonymously. Taking your own photos of your injuries is possible as well. More information on this topic can be found in our information on securing evidence.

Can my family doctor issue a forensic documentation?

Any examination by a doctor can be used as evidence. Nonetheless, documentation by a forensic physician (who are usually employed by forensic institutes at university clinics) might be helpful specifically with regard to a later criminal trial. More information on this topic can be found in our information on securing evidence.

I did not have my injuries documented. Can I still file a criminal complaint?

Filing a criminal complaint is always possible. But documenting injuries and other traces can help to provide evidence of whether and how severely an injury was inflicted.

I want to secure evidence of hate and violence on the Internet. How can I take a screenshot that has all the necessary information?

When individuals want to secure evidence of hate and violence on the Internet, they must take particular care to ensure that it is complete. One way to do so is to take a screenshot that includes all important information. In addition to the comment which is the basis of the complaint, it should include the post’s date and time and the (user) name of the alleged perpetrator. Moreover, the context in which the comment was made should be visible. It must be clear against whom the comment was directed and when it was posted. A time stamp of the screenshot can provide information as to when the post was still available on the Internet. More information on this topic can be found in our information on securing evidence.

Many victims feel unsure about filing a criminal complaint

Victims of violent offences can turn to institutions such as the Charité’s Outpatient Clinic for Protection against Violence in Berlin to have evidence secured anonymously. In the interview, Dr. Saskia Etzold explains how this taking of evidence takes place and what can happen afterwards.

Interview Tsokos Guddat

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