When persons affected by criminal offences give testimony, they are regarded as witnesses. Consequently, they have the same rights and duties as other witnesses.

Duty to appear for testimony

Witnesses summoned by a court to give testimony have a legal duty to appear. The same applies for summonses issued by the public prosecutor’s office. In case of a summons by the police, the person summoned is only obliged to appear in court if the summons was issued on the public prosecutor’s office’s behalf (section 163 (3), first sentence, StPO ).

Obligation to tell the truth

Witnesses giving testimony to the police, the public prosecutor’s office or the court must tell the truth and must not omit anything. In certain cases, witnesses may be allowed to refuse to give testimony; in such cases, they do not have to say anything. Witnesses do not have to testify against close relatives, for example. In addition, they do not have to answer any questions if they would incriminate themselves or relatives by doing so. Prior to questioning, witnesses are instructed about their rights and obligations, and the court determines whether they have the right to refuse to give testimony. It is important to tell the truth when giving testimony. Judges will again remind you of this in court. Victims who have suffered badly or who have been traumatised by the offence may experience gaps in memory. If you are unsure about what you can remember correctly or whether you have mentioned everything, you must tell the judge. Giving false testimony before a court can be punished with imprisonment from three months to five years; if the false testimony is made under oath, the punishment is even higher (imprisonment from one year to 15 years).

Assessment of credibility

In rare cases in which the witness testimony is of crucial importance, the court may commission an expert psychological report on the credibility of the witness’s testimony. In such a case, a psychological expert will assess whether, according to scientific criteria, the testimony is likely or unlikely to have been truthful. This is not intended to diminish the witness as a person; the court only wants to ensure that the testimony is reliable. In preparation for their report, experts will generally want to talk to the witness. Witnesses should know that they can decide whether or not to talk to the expert. If they do not wish to talk to the expert, the expert will prepare the report on the basis of the witness’s testimony at the trial. The court will inform the witness about the commissioning of a credibility report.

The right of family members to refuse testimony

A witness who is married or engaged to be married to the defendant does not have to testify. The same applies to a person who is closely related or related by marriage to the defendant. A person who wishes to testify but is afraid of doing so because the offender is a family member can turn to a counselling centre for support. A person who has decided to testify must tell the truth - the right to refuse testimony allows a person to remain silent, but does not allow the person to lie.

Right to refuse to testify in order to avoid self-incrimination

Nobody can be obliged to incriminate herself or himself. Questions that could suggest that the person questioned or a relative of that person may have committed an offence do not have to be answered.

Taking an oath is the exception

Trials in German courts are quite different from those you may have seen in American TV series. In German courts, being placed under oath is the exception. Only at the end of questioning does the court decide whether or not a witness should take an oath. In most cases, witnesses are not placed under oath. But if a witness does take an oath, two things are important:

• The penalty for perjury is much more severe than the penalty for providing a false statement while not under oath. Both offences, however, may be punished with imprisonment.
• And if an oath has been taken, even unintentional false testimony provided negligently is punishable.
  

This is why the court will ask once again, before the oath is taken, whether there is anything the witness would like to correct or add. Witnesses who do so have nothing to fear.

Witness protection

Trials in German courts are open to the public, except in proceedings against juveniles. Witnesses usually have to provide personal data, and defendants are entitled to hear the testimony against them. In certain cases, witnesses may feel threatened. However, measures can be taken to protect them.

• Keeping the home address secret
  Witnesses who have reason to fear for their own safety or the safety of family members can provide another address at which they can be reached reliably, such as the address of their lawyer, of a police station or of a victim support organisation. This option can also be used at an earlier stage, when filing a criminal complaint or when questioned by the police or the court during the investigative proceedings. It is therefore important to mention this problem as early as possible, if possible at the time of filing the criminal complaint.

• Exclusion of the public
  In the case of questions concerning witnesses’ personal lives, such as intimate details from their family life or important business secrets, the court can exclude the public in order to protect the privacy of the person giving testimony. The public can also be excluded if a person’s life, limb or liberty are endangered. Witnesses can request that the public be excluded from the trial. The decision lies with the court. For this reason, the court needs to obtain all relevant information in a timely manner.

• Testimony in the absence of the defendant
  Witnesses are sometimes exposed to particularly serious levels of risk or distress. In such cases, the questioning can exceptionally be carried out without the defendant being present, if it is to be feared that a witness would not otherwise testify or tell the truth. However, the mere wish of a witness not to testify in the presence of the accused is not a sufficient reason for excluding the defendant. Defendants have the right to hear any incriminating witness testimony in person so that they can properly defend themselves. In such situations, the court is required to balance up the interests of the witness with the rights of the defendant. However, the interests of the witness always take precedence in cases where there is a risk to the witness’s health, for example due to excessive psychological strain. Even if the defendant is excluded, the questioning has to be transmitted simultaneously by video link to the room to which the defendant has been taken.

• Witness testimony by video link
  In particularly serious cases, the court can allow for witness testimony to be transmitted by way of a video link. This option can always be used where there is a risk that persons giving testimony will suffer physical or mental harm if they are confronted with the defendant. The legislature has provided for this option mainly to protect children. However, adult witnesses can also be allowed to give testimony by video link, especially if they have been victims of serious violent crime. In the case of sexual offences, the testimony should be given before an investigating judge at the pre-trial stage in a safe environment and should be recorded, with this recording then being used in the trial so that victims do not have to give testimony again.

• Special protection of children
  As a rule, minor witnesses are questioned only by the judge; any exceptions must be granted by the court. It is also possible to record the testimony of a child, using the recording in the trial instead of questioning the child again.
  For more information and for support, parent and legal guardians can contact a counselling service.

• Witness support
  In many cities, there are witness support units directly at the court. Among other assistance, their staff members provide information on the course of criminal proceedings and court hearings. They can also accompany witnesses to their court hearing if they wish. In addition, they assist witnesses in communicating with the court and are ready to provide further support after the trial. If necessary, they can also help witnesses find therapeutic or psychological support. Information can usually be found on the website of the court before which the trial is held.

• Psychosocial support in court proceedings
  For persons affected by particularly serious criminal offences, criminal proceedings are a huge additional burden. Psychosocial support is a service provided by qualified, specially trained experts; it is available at the various stages of the proceedings. These experts do not provide legal advice, but offer assistance during the investigative proceedings as well as during and after the trial. For instance, they accompany the persons concerned to police interviews or questioning by the public prosecutor's office. They will also be able to show them the court building or courtroom. In specific cases, especially where underage victims of serious sexual and violent offences are concerned – but also if particularly vulnerable adults are the victims of serious sexual or violent offences – psychosocial support is assigned free of charge upon request. In most cases, victim support organisations can provide information on psychosocial support in court proceedings.
  

Travel expenses and loss of earnings

All witnesses summoned by the court or the public prosecutor’s office are entitled to reimbursement of their travel and other expenses as well as compensation for loss of earnings. The court sends them a letter which not only indicates the time and place of the questioning, but also includes information on how to apply for witness compensation. Should they still have questions, they can ask the public prosecutor's office or the court by telephone or in person. Persons summoned to testify by the police may also be entitled to compensation. Details depend on the rules of the individual Länder.