On the witness stand

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Victims and witnesses of a criminal offence can be summoned to appear in court. This is what they need to know.

Protection of witnesses

Help and aid - Prevention services

Some witnesses are worried about giving testimony before the court. To protect them, several measures have been put into place.

Rights and obligations of witnesses

Witness - Rights and obligations of witnesses

Persons summoned by a court as witnesses have certain rights. Of course, witnesses also have obligations – in particular the obligation to tell the truth.

Compensation of witnesses

Support in criminal proceedings - Compensation claims

Witnesses are entitled to financial compensation, for example in the case of lost earnings. This also applies to victims who give testimony.

The right to assistance and help in case of fears and anxiety

Witness fears

Many victims of criminal offences and witnesses have no previous experience with the police, the public prosecutor’s offices or the courts and feel insecure. They may also feel burdened by the offence and worry. Witnesses do not have to go to their examination by themselves. They can name an accompanying person or have a lawyer accompany them.

FAQ: Witnesses

Who is allowed to be present during police questioning?

Witnesses are allowed to bring a relative or a friend, as long as they are not witnesses themselves. There is also the possibility of seeking professional help, for example from a lawyer.

Is there an obligation to give testimony?

If the accused person and/or defendant and the person due to testify are closely related, with the degree determined by statute, (e.g., uncle/aunt, but also great grandparents-in-law), or if they are engaged or married, the person is not required to testify. In addition, witnesses do not have to answer any questions if they would incriminate themselves or close relatives by doing so. If the degree of relation is not close (e.g., cousin or relatives such as great uncle/great aunt), in contrast, there is no right to refuse testimony or not to provide information.

I do not want everyone to learn intimate details about me. Do I still have to testify?

Under certain circumstances, for example in cases of particularly serious offences or where witnesses would have to describe very personal or intimate details, the public can be excluded from the trial. However, the respective statements must be given before the court. In special cases, the witness may testify by video transmission.

Reduce the burden on witnesses

Many witnesses must appear in court for the first time in their lives. To help them cope better with this situation, there are counsellors like Shanti Vodjani. In the interview, she explains where her support sets in.

Interview Shanti Vodjani

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