Summons as a witness: duties and rights

1What is it about?

Witnesses are persons who are to give information about a matter without themselves being accused. Before the court and the public prosecutor's office there is, in principle, a duty to attend and to testify truthfully (§§ 48, 161a StPO). Towards the police, by contrast, witnesses are as a rule not obliged to attend.

Witnesses have important rights. Close relatives may refuse to testify (§ 52 StPO), and persons bound by professional secrecy may, in certain circumstances, do so as well (§ 53 StPO). Anyone who would incriminate themselves by testifying need not answer such questions (§ 55 StPO). False testimony can be a criminal offence (§§ 153 ff. StGB).

2Typical case scenarios

• You are a witness to an incident and have been contacted by the police.
• You have been summoned as a witness by the public prosecutor's office or the court.
• You are related to, married to or engaged to the accused.
• You fear that you would incriminate yourself by testifying.
• You were yourself involved in the incident and are being treated as a witness.

3Frequently asked questions

4How the proceedings unfold

1. SummonsWritten summons stating the appointment and file reference.
2. InstructionDuty to tell the truth, rights to refuse to testify and to refuse to provide information.
3. ExaminationOn identity and on the matter, questions from the parties to the proceedings.
4. DischargeOath only in exceptional cases, record of the examination.

5What requires particular attention

• Tell the truth. False statements can be a criminal offence.
• Before testifying, check whether you would touch on your own criminal liability.
• Do not contact other witnesses in order to agree on what to say.
• Get in touch in good time if you cannot keep the appointment.

6How we defend you

We advise witnesses in advance on their rights and duties, in particular on the right to refuse to testify and the right to refuse to provide information, and accompany them to the examination as witness counsel. If you are also the injured party, we additionally consider joining the proceedings as a private accessory prosecutor (Nebenklage).

We make sure that instructions are given and that you do not unnoticed become an accused. Where necessary, we apply for the public to be excluded or for protective forms of examination.