🛡️ Victim and witness protection at the main hearing
In brief
As a witness to a crime you must in principle testify at the main hearing – but the law knows several instruments to make this situation more bearable and safer. If there is a risk of serious harm to the well-being of the person to be examined, the court can order that the person stays in another room during the examination and that the examination is transmitted simultaneously into the courtroom (audiovisual examination, § 247a StPO). Statements can also be recorded in advance audiovisually in order to avoid repeated burdensome examinations (§ 58a StPO).
If the testimony involves discussing your most personal sphere of life – for example in sexual offences – the court can exclude the public for that part of the hearing (§ 171b of the Courts Constitution Act, Gerichtsverfassungsgesetz, GVG). You also do not necessarily have to state your home address at the examination if interests worthy of protection stand in the way – instead, an address for service, for example of an authority, can be given (§ 68 StPO).
Step by step
- Raise your need for protection earlyTell the police, public prosecutor's office or court as early as possible if you are afraid of testifying in the presence of the accused or want to protect your address.
- Apply for video examinationAn application for audiovisual examination under § 247a StPO can be made through your lawyer or trial support.
- Apply for exclusion of the publicWhen highly personal circumstances are discussed, you can apply for the public to be excluded for that part (§ 171b GVG).
- Use address protectionInstead of your private address, an address for service can be given if there are interests worthy of protection (§ 68 StPO).
Deadlines
- These protective measures each have to be applied for or ordered by the court – they do not apply automatically in every proceeding.
- Exclusion of the public generally concerns only the part of the hearing in which highly personal circumstances are discussed, not the whole main hearing.
- Even with video examination, questioning by the defence and the joint plaintiff remains possible in principle – the protection concerns the spatial situation, not the right to ask questions and confrontation as a whole.
In depth · legal basis, figures and practice – for advisers and professionals
§ 247a StPO: audiovisual examination
If there is reason to fear that serious harm to the well-being of a person to be examined threatens if they are examined in the presence of those present at the main hearing, the court can order that the person stays in another room during the questioning; the examination is transmitted simultaneously in picture and sound into the courtroom.
§ 58a StPO: recording of the examination
Examinations can, in particular to protect minors or particularly vulnerable witnesses, be carried out with audio-visual recording in order to avoid a later repeat examination.
§ 171b GVG: exclusion of the public
The court can exclude the public insofar as circumstances from the personal sphere of life of a party to the proceedings or a witness are discussed whose public discussion would violate interests worthy of protection.
§ 68 StPO: protection of the address
Instead of their place of residence, witnesses can state another address for service if there is reason to assume that stating the place of residence would endanger interests worthy of protection.
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