Testimony

People are used to demonstrate evidence of a crime or offense by the procedural law of evidence over or through natural persons, the law enforcement agencies ( police, prosecutors ) and the Court.

General

People evidence is no independent evidence, but combined with the physical evidence at the truth by law enforcement agencies and the courts to evaluate. The people evidence is less reliable than the physical evidence. Witnesses observe a Tatvorgang usually unprepared and thus inattentive; Environment, concentration, emotional state and selective perception influence their perception; they have a subjective perception filters because of their experiences. Subjective interpretations also give rise to a distorted picture of the true course of events. Finally, the perception is also affected by physical / mental disability, alcohol, drugs, forgetfulness or corruption. These internal weaknesses does not have a tangible proof. More than the physical evidence requires proof of a persons interpretation. A personal proof can be revoked, amended or questioned his credibility. Therefore, physical evidence, because of their factual nature ( Unabänderbarkeit ) for the adjudication conclusive.

Species

• Witnesses (§ § 48 Code of Criminal Procedure ): for it is basically obligation to testify, unless there are statutory exemptions. Witnesses may be the Tatopfer or third observer of the offense. The testimony of the witness can be confirmed by an oath ( § 59 Code of Criminal Procedure ).
• Court expert: it provides an expert opinion (§ § 72 et seq Code of Criminal Procedure ) when the court lacks the necessary expertise. The involvement of an expert is required in the following cases: Morgue and autopsy ( § 87 Code of Criminal Procedure )
• Suspected poisoning ( § 91 Code of Criminal Procedure ) and
• Counterfeiting ( § 92 Code of Criminal Procedure ).

Revocation

Both the accused and witnesses may withdraw their statements. In witness of the revocation until the end of their hearing (§ 52 paragraph 3, sentence 2, CCP ) is accused may even withdraw her confession at the trial; even a revocation on appeal is still possible ( § 535 Code of Criminal Procedure ). Then, however, is to investigate by the court, the circumstances under which a confession has come about. A confession not exempt from the obligation to secure it by other evidence ( physical evidence and other people evidence). This revocability or modifiability of persons evidence shows the uncertainty of that evidence in comparison to the physical evidence.