I am supposed to testify as a witness
The heart of the matter
- Whoever summons you decides whether you must appear. Witnesses must appear when summoned by a court or the public prosecutor's office, but when summoned by the police only if the public prosecutor's office has ordered it. Without such an order, the police appointment is voluntary.
- Witness or suspect? Witnesses generally have to testify, suspects do not. If you are suddenly cautioned as a suspect during a witness examination, say nothing more about the matter for now and get advice.
- Right to refuse to testify or right to refuse to answer? Close relatives can generally refuse the entire testimony (§ 52 StPO), certain professions what was entrusted to them or became known to them in their work (§ 53 StPO). Anyone who would incriminate themselves or a close relative can only refuse to answer individual questions (§ 55 StPO).
- Refusing does not mean staying away. In criminal proceedings the duty to appear generally remains, even if you do not want to testify. In civil, labour and family proceedings, a statement before the hearing can spare you from appearing (§ 386 ZPO).
- Silence may be allowed, lying is not. Anyone who testifies must tell the truth, even someone who would have a right to refuse. Say only what you perceived yourself, and keep it separate from what you assume or have heard.
How the roadmap works. Answer the questions. Your roadmap is built from your answers. It shows whether you have to go, which rights may apply to you and how to get your costs reimbursed. The most important point first: witnesses must tell the truth. But close relatives and people who would incriminate themselves have special rights. This roadmap is general information and does not replace legal advice.
Your answers are not stored or transmitted; they only appear in your browser's address bar. Anyone who shares the link also shares the answers. Legal status November 2026: StPO as currently in force, in particular §§ 48, 48a, 51, 52, 53, 55, 57, 58, 58a, 68, 68a, 68b, 70, 161a, 163 Abs. 3 bis 5, 241a, 247a, 252, 255a, 395, 397a, 406f, 406g, 406h, 406i; StGB §§ 153, 154, 158, 161; EGStGB Art. 6 (administrative fine of €5 to €1,000, detention of 1 day to 6 weeks); GVG § 171b; ZPO §§ 373, 377, 380, 381, 383–386, 401; ArbGG § 46 Abs. 2; FamFG § 30; BGB § 616; JVEG §§ 1, 2, 5, 19–22 as currently in force (last amended by Art. 13 G v. 8.12.2025, BGBl. 2025 I Nr. 318); the rates for witnesses (€0.35 per km, €4 for lost time, €17 for housekeeping, at most €25 per hour for loss of earnings) apply unchanged.
Your situation
Your roadmap
As of November 2026. The roadmap arranges general information according to your answers. It does not review an individual case, does not replace legal advice and does not assess your dismissal or any deadline as valid, met or missed. Whether an entitlement exists is decided by the responsible office; deadlines and amounts change often – check important details with an advice centre.
Ask your question
On a decision, deadline, application or responsibility. You get an answer with the matching page, the responsible office and the next step, usually within two working days. No legal advice in individual cases, no sharing of your data.