Witnesses who do not want to disclose burdensome details in public, or who are scared of endangering themselves by giving a witness statement, can openly address these fears with the police, the public prosecutor’s office or their own lawyer. There are various ways of protecting witnesses.

Exclusion of the public

As a rule, trials are open to the public. However, the public can be excluded, for example

• if the personality rights of witnesses must be protected because they have to describe very personal or intimate details, especially where minors have suffered sexual offences or other specific violent offences;
• if important secrets, for example trade secrets, might have to be disclosed;
• if a person has received threats.

The decision on the exclusion of the public is rendered by the responsible court. Witnesses can also file a motion for exclusion of the public. If the court takes the view that the personality rights of victims must be protected, this court can exclude the public upon motion by the witness. It is important to file this motion on time and to provide the court with all necessary information as to why the public should be excluded.

Keeping the place of residence secret

If witnesses are worried – and can give a reason for this fear – that they or others (e.g. relatives) could be endangered if their address were to be disclosed, they can move to have their place of residence kept secret. Instead, they can provide another address through which they can be reached reliably, for example the address of their lawyer or of a victim support organisation. In particularly serious cases, the police can also provide an address. In these cases, the witness’s personal address will not be mentioned in the files.

Important: To make sure that their personal address will not appear in the files at all, affected victims or witnesses should remember to mention this risk of danger early: if possible when filing the criminal complaint.

Testimony in the absence of the accused

Accused persons have a right to be present in the courtroom during the entire hearing of evidence. The principle of a fair trial requires that they must be able to hear all testimony so that they can react and defend themselves appropriately. In exceptional cases, where there is a particularly serious threat or burden on witnesses, these witnesses can be questioned in the absence of the accused. This must be decided by the court.

Video-link testimony

In particularly serious cases, where there is a danger of harm to a witness’s physical or mental well-being, witnesses can also be linked in by video from another location and be examined by those present in the courtroom.
This applies, in particular, to children. However, adult victims can also be in a situation that justifies such a video-link examination, especially if they have been victims of serious violent crime.

Especially in the case of sexual offences and certain violent offences, it is also possible for witness statements to be recorded before the trial, with this recording then being shown in court. This way, the witness does not have to appear in the courtroom at all.

As a rule, video examinations are very carefully prepared by the court, the public prosecutor’s office and the lawyers involved so that witnesses do not have to be afraid of being surprised by such a measure after receiving a “normal” witness summons.

Protection of minors

Children can also be witnesses. If they are, they have special rights. For example, in court they are only questioned by the presiding judge. However, direct questions from others might be allowed as an exception. In cases involving minors, it is easier to have the public excluded or the defendant removed from the courtroom. Where children have to give testimony, this is more often done during the investigative proceedings so as to spare them having to testify during the trial. For more information, parents, legal guardians or juveniles can contact a counselling service. Find more information here.