Witness (Zeuge) in German Criminal Proceedings
A witness is a person who is called upon in criminal proceedings to testify about facts they have personally observed or perceived.
1. Duties of a Witness
A witness has several obligations under the German Code of Criminal Procedure (StPO). They are required to appear before the judge (§§ 48, 51 StPO) and the public prosecutor (§ 161a para. 1 sentence 1 StPO), but not before the police.
- • Duty to appear before the judge and prosecutor
- • No obligation to appear before the police
- • Obligation to tell the truth during testimony
- • Possible duty to swear an oath
2. Obligation to Testify and Tell the Truth
Witnesses are legally obliged to give truthful testimony. Their statements may concern both personal information and factual details related to the case (§§ 68, 69 StPO). The duty to tell the truth is secured by Sections 153 et seq. of the German Criminal Code (StGB), which criminalise false statements made during judicial examinations.
The obligation to testify does not apply if the witness is entitled to a right to refuse testimony or to provide information. If the witness does not exercise these rights, they must provide a truthful statement.
3. Sworn Testimony
Under certain circumstances, a witness may be required to swear an oath. This obligation applies unless the witness has a lawful right to refuse to take an oath (see Oath in our Legal Dictionary).
4. Right to Legal Counsel
According to Section 68b (1) StPO, a witness has the right to be accompanied by a lawyer during questioning. This is especially advisable in white-collar crime proceedings, where complex factual situations often make legal assistance essential.
Immediate Legal Assistance for Witnesses
Our English-speaking criminal defence lawyers in Frankfurt provide immediate and confidential advice for witnesses involved in criminal investigations and court proceedings.
- • Legal representation for witnesses in Germany
- • Advice on rights and duties before giving testimony
- • Assistance during interrogations or court hearings
- • Protection of witnesses in complex white-collar or tax cases
FAQ: Witness in German Criminal Law
Do I have to appear before the police as a witness?
No. You are not required to appear before the police if invited, but you must attend hearings before the judge or prosecutor when summoned.
Can I refuse to testify as a witness?
Yes. You may have a right to refuse testimony or provide information in certain circumstances, such as family or self-incrimination cases.
Can a witness bring a lawyer to the hearing?
Yes. According to Section 68b (1) StPO, witnesses may bring a lawyer to protect their rights during questioning.
What happens if a witness lies under oath?
False statements under oath constitute a criminal offence under Sections 153 et seq. StGB and can lead to imprisonment.
Contact our Criminal Defence Lawyers in Frankfurt
Contact us – your criminal defence lawyers in Frankfurt and throughout Germany:
- • Dr. Caroline Jacob, Lawyer, Specialist in Criminal Law
- • Frank M. Peter, Lawyer, Specialist in Criminal Law
- • Of Counsel: Prof. Dr. Frank Peter Schuster
- • Cooperation Partner: Tax Consultant and Former Tax Investigator Frank Wehrheim
Buchert Jacob Peter has been based in Frankfurt am Main for over 25 years, providing expert defence and legal advice in criminal law and white-collar crime cases throughout Germany.
Phone: +49 69 710 33 330
Email: kanzlei@dr-buchert.de
More on this topic:
Tax Criminal Law |
Criminal Defence |
White-Collar Crime |
Lawyers
Do you need legal advice?
We advise and represent private individuals and companies in investigative and criminal proceedings nationwide and before all courts. Benefit from our many years of experience and our expertise in criminal defense.