Witness

As a witness to a natural person is designated, which can express a state of affairs to be elucidated own perceptions ( witness ). Witnesses in the investigation of facts, for example, by Trim, law enforcement and other authorities and by courts of importance. For the recording of an instrument, the establishment of a Nottestaments or in rituals or ceremonies (eg weddings ) may be necessary or customary that people are present as witnesses. On the problem of testimony after traffic accidents see tools ( traffic accident).

A special importance has the word in the context of boundary stones (see article " landmark " and " landmark witness" ).

Word origin

Etymologically, the legal concept witness passes on the Middle High German (ge) ziuc " witness evidence" from the verb pull, and is originally so in the sense understood by dragging in court, as it is already in the Old High German sources familiar with the formula zi urkundin ziohan " for a witness use " is busy writing. The noun eye - witness frequently used is a direct calque of the Latin testis ocularis whose basic word testis "witness " and others certify the German verb " witness " lies at the bottom.

Categorization

Depending on the type of testimony and the role of witnesses whose statements in the decision are given greater weight than other witnesses:

• Official witness is a person who has become during officiate witness an incident and can testify as a witness;
• Recognition witness is the witness who can recognize an offender;
• Witness is one who has an operation visually perceived;
• Ear witness is someone who heard something, but has not seen;
• Witness hearsay is, who reported that which another made ​​known to him due to his perception.
• Alibi witness is a witness who can confirm that the suspect was staying during the time of the crime in a place other than the crime scene.

A special case of ear witnesses are bang witnesses who have not observed a (traffic) accidents, but have turned around at the very moment when it has " popped ". However, they often claim in retrospect, to have seen the accident. Your statement is usually not only worthless, but the trial court may even prevent the truth.

Professional witnesses are people who can make during the performance of official duty information about an act or a perpetrator.

A group of researchers from the University of New South Wales in Sydney, Australia, reported in August 2004 by the surprising discovery that at the time of the events to be elucidated ill -tempered eyewitness precise statements teach than those who happened to be in a good mood. Social psychologist Professor Joseph P. Forgas, leader of the study, which led to the hypothesis back that " mood states are evolutionary signals that may be how to deal with threatening situations. " An account of the seriousness of the event into the negative skidded mood therefore favors a systematic, attentive information processing.

Legal situation in Germany

The witness statement is the most common Streng proof. The witness describes the court 's own sensory perception, no legal opinions or experience of knowledge. Error associated with question technique of interrogation person, defects in the perception and storage of the experience at the witnesses, but also any untruthfulness of a witness must be considered when evaluating the testimony. Witness can be anyone who can not be heard as a party or defendant. Even a minor can be a witness, if he only has the necessary understanding of maturity.

Areas of Law

The central norms on witness evidence after the relevant procedural law:

• Civil Procedure: § § 383, 384 ZPO, § 385 ZPO exceptions in
• Criminal proceedings: § § 48 et seq Code of Criminal Procedure
• Offences: it applies mutatis mutandis, the law of criminal procedure ( § 46 Administrative Offences Act )
• Administrative process: it is the law of civil procedure accordingly ( § 98 Code of Administrative Procedure )
• Administrative procedures: § 26 Administrative Procedures Act for the federal government and appropriate regional regulations area

Sometimes in the construction of an instrument as a precaution, witnesses called in the certificate with the sign (eg witnesses ) - here is spoken by witnesses, even though they ultimately did not testify about the document, but only confirm the operation as such.

Hearing of witnesses

The court has to form their own opinion about the testimony. The mere introduction and reading a transcript of an interrogation by the police, prosecutor or other authority is not enough. The trial court is to form his own opinion about the credibility of the witness and ask questions, which it considers to research the facts called for. Only the personal and factual independence of the judge and the public of judicial witnesses ensures the exhaustion of the evidence. In special cases, the hearing of witnesses entrusted to a member of the Tribunal or another court, the trial court in civil proceedings. In civil proceedings, the witness is dependent on the only evidence of the application of a party. For a critical assessment of the content of a witness statement, the perception of psychological knowledge boundaries is essential.

In Germany takes place, based on the court proceedings ( main hearing, hearing ), the examination of the witness usually by the judge and not by the parties or their legal representatives ( in civil proceedings ) or by the prosecutor or the defense attorney. You, however, is permitted to ask questions. An exception is made for the cross-examination.

About witnesses report credibility can be claimed in the main proceedings on the application, they are created by experts. The applicant may be any process participant.

Witnesses have no right to question the witness stand. The " right to speak " is only granted to them by the court. If a witness both plaintiffs and acts currently as a witness ( ergo, not on the witness stand ), a right to question him, however, is to.

Rights and obligations

As part of the evidence the witness has the obligation to appear at a summons to go to court, truthful and complete report on the perceived him facts or circumstances and, if appropriate, to swear to his statement or affidavit equal to reaffirm. An obligation to show there is accordingly before a parliamentary committee of inquiry. Also, a prosecutor's charge has to make the witness sequence ( § 161a paragraph 1 Code of Criminal Procedure ). However, this obligation does not exist in police charges.

An evidentiary privilege ( right to remain silent ) exists only if the witness can demonstrate with a party or - in criminal proceedings - relative of the accused person to be related by marriage or engaged, or if professional of confidentiality, (eg, physician, chaplain ) exist (§ § 52 ff Code of Criminal Procedure ). If the witness is not advised of this right in the context of interrogation, it has, where appropriate, evidence recovery prohibition with respect to the evidence gained by the result, if the witness does not already detectable otherwise had knowledge of his rights in this respect.

A witness does not have to answer questions if he had to give their own crime to truthful information ( § 55 Code of Criminal Procedure ). Him so to that extent to a right to withhold information. If the witness does not fulfill his obligations, may be considered against him order such as administrative fine, demonstration or imprisonment. The willful false statement is always punishable if the statement was made ​​in court or before a parliamentary committee of inquiry. Criminal liability depends regarding the Criminal height from only whether she was under oath ( cf. perjury ) or made ​​uneidlich. In the case of the oath and the negligent false oath is punishable.

The witness may be assisted by a lawyer to legal counsel, which is useful for statements or those with extensive preparation effort ( multi-page memos ). In addition, it is its cost and expenses ( travel costs, loss of earnings, and others) to replace. For details, regulates the Judicial Remuneration and Compensation Act ( JVEG ). Under certain circumstances ( danger to the witnesses and the like) the witness witness protection may be granted.

One of the duties of a witness Included is the toleration of physical examination measures ( § 81 c Code of Criminal Procedure ).

Differentiation from experts

The expert is the tribunal expertise on the basis of experience and knowledge, not about the have the professional judges as lawyers and magistrates. An expert is so interchangeable because of his abstract expertise on a regular basis, several experts have, while a witness can not be replaced because only he can describe his perception of a concrete perception, namely. Furthermore, an expert must be ordered by the court.

If a appearing in court expert reports on perceptions that he was able to make only because of its special expertise ( eg, DNA tests), it will be heard as an expert witness ( Civil Procedure: § 414 ZPO). The meeting of special expertise and concrete perception is here purely by chance, as a rule.

The same person can be a witness evidence and experts. As what is to be considered they mean about individual statements contents, depends in particular on the quality of the statement. The distinction is not only according to the amount of compensation. JVEG significant, but mainly because of the right to reject the experts in § 406 ZPO.

Police witnesses finding

When witnesses must after a police intervention, so the collateral attack after a punitive action, first informational interviews are made. Witnesses shall be informed of their rights and obligations as soon as possible.

In police Großlagen witnesses collection points are established. They serve to bring all (potential) witnesses to a place to create an order in the use of events on the ground. This is also the efficiency of information retrieval and is conducive to the workflow.