How do I behave in the case of a witness statement?
testifying in court, you must tell the truth. The accused can comment on the allegations made or refuse to testify, since under German law nobody has to incriminate themselves. She may even tell the untruth legally without further consequences in order to defend herself.
When can a witness refuse to testify?
Only the accused has the right to refuse to testify. In principle, the witness cannot refuse to testify. A suspicion of a crime against the witness can also arise in the context of a witness hearing. From then on, at the latest, the witness (now the accused) has the right to refuse to testify.
What happens if you don’t show up for a witness statement?
What happens if a witness fails to appear in court? If a witness does not attend the appointment, the court will charge the witness for the costs incurred as a result of the absence (including legal fees, expert costs). The court can also impose a fine on the witness.
What rights does a witness have?
Not only is the witness obliged to appear in court when summonsed, but he must also testify. He is obliged to tell the truth, about which he is expressly instructed by the judge during the hearing.
What happens after the witness statement?
When all the witnesses have been questioned, this is then handed over to the public prosecutor’s office, who then checks whether charges will be brought. If they do that, there will be a court hearing and the court will summon you again as a witness. The police don’t do anything.
Can a witness remain anonymous?
In principle, it is possible to file a complaint anonymously, namely if you fear that the person reported might take revenge later. The police still have to investigate.
Can you testify anonymously in court?
Can someone who has witnessed an act of violence refuse to testify later in criminal proceedings, or at least testify anonymously because there is a risk of acts of revenge? In such cases, the witness’ place of residence may be kept secret from the accused (Section 68(2) of the Code of Criminal Procedure).
Can you refuse to give a statement to the police?
As a witness, you must always tell the truth. You must not lie and do not withhold anything important. However, if you would incriminate yourself by answering a question truthfully, you can make use of your right to refuse information, ie you can remain silent about this question.
Afraid to testify?
What can I do if I am afraid of the accused as a witness – do I still have to testify? If, for whatever reason, you are afraid of the accused, speak to the police immediately, or even better: the responsible judge.
Can a witness statement also be made in writing?
Can I submit a written statement? In principle, this is not possible. You have to appear in court in person so that the judge can get an idea of the witnesses and their statements. This also applies if you have already made a statement (e.g.
Can you be convicted as a witness?
Final sentence: You must now testify as a witness. In criminal proceedings you can only be either a defendant or, if not, a witness. There is nothing in between. You used to be allowed to lie as an accused/defendant, now you’re not.
Can I have a lawyer as a witness?
Every witness has the right to have a lawyer assist him, who will advise him and assist him during the examination of a witness before the police, the public prosecutor’s office, the court or a parliamentary investigative committee.
How should you dress in court?
For men, the most appropriate outfit at court is a business suit. To make the outfit a little less stately, the suit can also be worn without a colbert or tie. A nice dress shirt and a nice pair of pantaloons are the clothes that best suit the etiquette.
Is it necessary to question you as a witness? What does that mean?
In principle, you are not obliged to testify to the police as a witness. Something else applies, however, if the public prosecutor’s office has commissioned the police to interrogate you. In this case, the police will summon you, pointing out that you are required to give a statement.
Can I be represented by a lawyer in court?
Surprising finding: in most cases no! In civil law (i.e. in the case of claims arising from an accident), the person involved can be represented as a party by a lawyer. The only difference is that if he is summoned as a witness, then he must appear. The same applies if he is to be heard as a party.
How can I cancel a court date?
you can NOT turn down a summons to court, especially not as an accused. court summonses must be obeyed, failure to do so may result in an arrest warrant. The only exception the courts make is when you’re sick. and you have to prove this illness with a certificate.
Who can represent me in court?
Everyone has the right to be represented by a lawyer in court and before authorities. However, there are also cases in which there is a so-called obligation to have a lawyer. In this case, the parties must be represented by a lawyer. This applies, for example, to civil proceedings before the regional courts and higher regional courts.
What happens at a court hearing?
A court hearing is a procedure before a judge or other judicial authority. Court hearings may be prepared and monitored as part of legal proceedings.
What is a Family Court Hearing?
The law stipulates that proceedings involving the child’s residence or access should be dealt with expeditiously. In an oral hearing, the judge speaks to both the parents and the child (hearing of the child) and questions the competent youth welfare office.
Who is present at a hearing?
At a hearing, both parties are heard. This means that both are allowed to present their version. Everyone is also asked questions that you can either answer personally or have your lawyer answer. If possible, the children are also interviewed.
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