Your Right toLegal Support as a Witness
As a witness in criminal or civil proceedings, you are generally obliged to testify truthfully and completely. However, giving evidence – especially in complex proceedings – can involve considerable risks of its own. Therefore, in many cases it may be advisable to be accompanied and advised by an experienced lawyer as witness counsel.
Assistance also for witnesses without risk of self-incrimination
There are many reasons for hiring a witness counsel. Even if, as a so-called “witness at risk of self-incrimination”, you are not threatened with criminal prosecution from any point of view, giving evidence in court or before investigating authorities can still be stressful.
Many witnesses feel insecure or overwhelmed in an unfamiliar interrogation situation – especially if they are confronted with detailed, critical or surprising questions.
A lawyer with experience in criminal law can provide valuable support in such cases by ensuring that your rights are protected and that you do not get into trouble by making unclear or misleading statements “without need”.
FROM WITNESS TO ACCUSED: RISKS IN WHITE-COLLAR CRIMINAL LAW
In white-collar criminal law in particular, however, there is often a risk that a witness may unexpectedly become the focus of a criminal investigation and turn from a witness into a defendant – this applies in particular to so-called “vulnerable witnesses” or “witness at risk of self-incrimination”.
This can, for example, affect an anaesthetist who was involved in a failed operation or a company employee who is asked to testify about decisions made by their employer or superior that could potentially be classified as unlawful.
REFUSAL TO PROVIDE INFORMATION UNDER § 55 STPO: THE “Mosaic Theory”
In such situations, the right to refuse to provide information in accordance with § 55 StPO is of particular importance. Under certain circumstances, this right can even justify a complete refusal to testify (so-called “mosaic theory” of the German Federal Court of Justice, decision of May 7, 1987 – Ref.: 1 BJs 46/86-5 I BGs 286/87).
According to this decision, witnesses have a comprehensive right to refuse to provide information in accordance with § 55 StPO with regard to all questions whose truthful answers alone would not lead to criminal prosecution, but which represent a piece in a mosaic-like body of evidence and could therefore contribute to incriminating the witness.
In such cases, experienced witness counsel can make a decisive contribution to ensuring that you do not make a statement that could potentially have negative consequences for you.
Professional Witnesses Counsel: Confidence in Interrogations and Questionings
Our law firm offers you comprehensive and professional support as witness counsel – whether in the context of a court hearing, a police hearing or questioning by the public prosecutor’s office.
We ensure that your rights are protected and that you are legally safeguarded in every situation.
