Course of a criminal trial

On the witness stand: everything you need to know

Who is present during questioning?

As a rule, all parties to the proceedings are present during witness questioning at trial. This includes the defendant, court staff, the public prosecutor, possibly a defence attorney and sometimes also experts or interpreters. Since most criminal trials are conducted in public, persons interested in the trial can take a seat on the spectator benches of the courtroom. Good to know: There are many ways to protect witnesses before court. Under certain circumstances, it may be possible to exclude the public. In special cases, the witness may be examined by video transmission. Witnesses may ask the court for permission for a person of their trust to be present during their testimony. Their lawyer as well as their appointed psychosocial assistant are always allowed to be present during questioning. You can find more information here on your rights and obligations before court:

1. Wait, then testify: Witnesses should as far as possible give an impartial account of what they can remember. This means that they are normally not allowed to be present at the trial before testifying. Instead, they must wait outside the courtroom until they are called in.
2. Nothing but the truth: Witness testimony begins with the witnesses being informed that they have an unconditional duty to tell the truth. Giving false testimony before a court is a criminal offence.
3. Personal questions: Witnesses must first state their name, age, profession and address. They are also asked whether they are related to the defendant. The court then informs the witness whether he or she has the right to refuse to testify.

4. Testimony on the facts: During testimony, witnesses should give as complete an account as possible of what they still remember, without omitting anything or making anything up. If they are unsure about anything, however, they should not worry about saying so. When they have finished, they will be asked additional questions by the judge as well as the other members of the court, the public prosecutor’s office or the defence. The defendant is also allowed to ask questions.

Keep calm – assert your rights

Giving testimony as a witness may be stressful, in particular if someone tries to put you under pressure or makes you contradict yourself. If this is the case, try not to get upset and don't see the questioning as an accusation. Of course, you do not have to put up with being insulted. Nor do you have to answer the same question again and again. If you are unsure about whether you have to answer a particular question or accept the way a particular question is phrased, do not hesitate to ask the judge. If you need a break, you can ask for one. The court has the duty to protect all witnesses.

Taking an oath: only in exceptional cases

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. Those who take advantage of that opportunity have nothing to fear.

Loss of earnings and travel expenses

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.

You can find more information on the rights and obligations of witnesses here.

Length of the proceeding

The length of criminal proceedings depends on a large number of factors; it is not possible to make a general statement. Investigative proceedings may last only a few months or up to a year. When they are concluded, it takes about three to six months for the trial to start. The trial itself can take from one day or several days, to weeks, months, or even years, depending on the complexity of the matter.