Section 56
Substantiation of grounds for refusal to testify

The fact on which a witness bases the refusal to testify in the cases under sections 52, 53 and 55 is to be substantiated upon request. A sworn declaration by the witness is sufficient.


Section 57
Instruction

Before examination, witnesses are warned that they must tell the truth and are instructed as to the criminal law consequences of making incorrect or incomplete statements. They are to be informed of the possibility that they may be placed under oath. If they are placed under oath, they are to be instructed on the importance of the oath and on the fact that the oath may be taken with or without religious affirmation.


Section 58
Examination; identity parade

(1) Witnesses are to be examined individually and in the absence of those witnesses who are to be heard later on.

(2) An identity parade with other witnesses or with the accused in the preliminary investigation is admissible if this appears necessary for the further proceedings. Defence counsel is permitted to be present during an identity parade with the accused.

Defence counsel is to be given prior notice of the date set down for the identity parade. He or she is not entitled to have the date postponed on account of being prevented from attending. If an accused has no defence counsel, he or she must be informed that, in the case under section 140, an application can be made to have court-appointed defence counsel appointed in accordance with section 141 (1) and section 142 (1).

Section 58b
Examination by way of audio-visual transmission

The examination of a witness outside the main hearing may be effected in such a way that the witness is located somewhere other than the place where the person is being examined and the examination is simultaneously transmitted audio-visually to the place where the witness is located and to the examination room.

Section 59
Administration of oath

(1) Witnesses are only placed under oath if the court, at its discretion, deems it necessary because of the decisive importance of the statement or in order to obtain a true statement. The reason why the witness is placed under oath need not be specified in the record, unless the witness is examined outside the main hearing.

(2) Witnesses are placed under oath individually after they have been examined. Unless otherwise provided, the oath is taken at the main hearing.

Section 62
Administration of oath in preparatory proceedings

Administration of an oath in the preparatory proceedings is admissible

1. in exigent circumstances or
2. if the witness is expected to be unavailable at the main hearing

and the conditions of section 59 (1) apply.


Section 67
Reliance on prior oath

If a witness, after having been examined under oath, is examined a second time in the same preliminary investigation or in the same main proceedings, the judge may, instead of administering a second oath, have the witness confirm the accuracy of his or her testimony by reference to the oath previously taken.

Section 68
Examination as to witness’s identity; limitation of information, victim protection

(1) The examination begins with the witness being asked to state his or her first name, last name, name at birth, age, occupation and full address. In a judicial examination in the presence of the accused and in the main hearing, except in cases where there is doubt as to the witness’s identity, the witness is not asked to state his or her full address but only his or her place of residence or the place where he or she is staying. Witnesses who have made observations in their official capacity may state their place of work instead of their full address.

(2) Furthermore, witnesses are, as a rule, to be permitted to state their business address or place of work or another address at which documents can be served instead of stating their full address if there is well-founded reason to fear that legally protected interests of the witness or of another person may be endangered or that witnesses or another person may be improperly influenced by witnesses stating their full address. In a judicial examination in the presence of the accused and in the main hearing, the witness is, as a rule, to be permitted not to state his or her place of residence or the place where he or she is staying if the conditions of sentence 1 are met upon such statement being made.

(3) If there is well-founded reason to fear that revealing the identity or the place of residence or whereabouts of a witness would endanger that witness’s or another person’s life, limb or liberty, the witness may be permitted not to provide personal identification data or to provide such data only in respect of an earlier identity. However, if so asked at the main hearing, the witness is required to state in what capacity the facts he or she is indicating became known to him or her. If the witness has been permitted, under the conditions of sentence 1, not to provide personal identification data or to provide such data only in respect of an earlier identity, then contrary to section 176 (2) sentence 1 of the Courts Constitution Act the witness may completely or partially cover his or her face.

(4) If there are sufficient indications that the conditions of subsection (2) or (3) obtain, then witnesses are to be advised of the rights provided thereunder. In the case under subsection (2), witnesses are, as a rule, to be assisted in specifying an address at which documents can be served. Documentation establishing witnesses’ place of residence or whereabouts, full address or identity are to be kept by the public prosecution office. They are only added to the files when the fear of danger ceases. If the witness was permitted to restrict the information to be given in accordance with subsection (2) sentence 1, the public prosecution office arranges ex officio for the registration authority to enter a prohibition of disclosure pursuant to section 51 (1) of the Federal Act on Registration (Bundesmeldegesetz) if the witness consents thereto.

(5) Subsections (2) to (4) also apply after conclusion of the examination of the witness. Insofar as a witness was permitted not to provide data, it must be ensured in the course of the provision of information from or inspection of the files that these data are not made known to other persons, unless a danger within the meaning of subsections (2) and (3) appears to be ruled out.

Section 69
Examination as to subject matter

(1) Witnesses are to be directed to state, without prompting or interruption, all they know about the subject of their examination. The subject of the investigation and the name of the accused, if there is one, must be indicated to witnesses before the examination.

(2) If so required, further questions are to be asked in order to clarify and complete the statement and to establish the grounds on which a witness’s knowledge is based. Witnesses who have been aggrieved by the offence are, in particular, to be given the opportunity to make submissions concerning the effects which it had on them.

(3) Section 136a applies accordingly to the examination of a witness.