Parliamentary inquiry committees (Parlamentarische Untersuchungsausschüsse – PUA) are an essential instrument of political control and serve to clarify complex issues with considerable social and legal implications. They often deal with economic, political or administrative law issues that have come into focus due to possible misconduct, maladministration or breaches of duty by authorities, companies or individuals.
The legal requirements for the questioning of witnesses in committees of inquiry are generally based on the Code of Criminal Procedure (StPO) and the Investigative Committee Act (PUAG, in particular § 20 et seq.).
This means that witnesses are generally obliged to testify truthfully and may be entitled to refuse to testify or to refuse to give evidence under certain circumstances.
Nevertheless, the procedures in committees of inquiry follow their own, often political rules and differ considerably from regular court proceedings.
POLITICAL AND MEDIA CHALLENGES FOR WITNESSES
A central feature of parliamentary committees of inquiry is the close intermeshing with political interests and public perception. In contrast to court proceedings, which are primarily concerned with the application of applicable law, PUA meetings are often characterized by political disputes, strategic questioning tactics and media interest.
This can entail considerable risks for witnesses:
- Public pressure: Testimony in a committee of inquiry is often the focus of media coverage. Media representatives, political actors and the public keep a close eye on events, meaning that statements may be taken out of context or politically instrumentalized.
- Tactical questioning by MPs: Committee members’ questions can be deliberately suggestive in order to reinforce certain narratives or political objectives. Witnesses can thus be put in an uncomfortable or incriminating position.
- Transition from witness to defendant: In white-collar criminal law in particular, there is a risk that a witness may be targeted by the judiciary in the course of the proceedings. Careless or misleading statements can lead to criminal consequences arising from a mere witness statement.
LEGAL ADVICE FOR WITNESSES IN PARLIAMENTARY INVESTIGATION COMMITTEES
In view of these challenges, early and professional legal advice from a lawyer experienced in representing witnesses in parliamentary committees of inquiry is essential.
Our law firm Pragal & Prinzenberg has extensive experience in representing witnesses before parliamentary inquiry committees and offers tailored support at every stage of the proceedings.
Our services include:
- Individual preparation for questioning:
- Analysis of the issues and potential legal risks
- Advice on rights to refuse to testify in accordance with the StPO and PUAG
- Support during the hearing:
- Presence during the interview to safeguard the rights of the witness
- Support with the precise and legally compliant formulation of answers
- Intervening in the event of inappropriate or legally problematic questions
- Follow-up and protection from legal consequences:
- Analysis of the statements made
- Strategic recommendations for the further course of the proceedings
- Support in the defence against criminal or civil law consequences
LEGAL PROTECTION AND EXPERT ADVICE FOR WITNESSES IN COMMITTEES OF INQUIRY
A summons to appear before a parliamentary committee of inquiry can have a considerable impact on the professional, economic and personal situation of a witness. Without sound preparation and legal support, there is a risk that statements may have unintended legal or political consequences.
Our law firm Pragal & Prinzenberg offers you competent support to protect your rights and guide you through this challenging process in the best possible way. Rely on our experience in white-collar criminal law and parliamentary proceedings to protect yourself legally and avoid unwanted risks.
Contact us at an early stage to prepare professionally for your testimony and to protect your legal interests in the best possible way.
