''Title X, § 115a''
2) In the best interests of the witness, in particular with respect to his

young age or his mental state, or in the interests of ascertaining the truth,

the investigating judge may limit participation insofar as the parties and

their representatives may follow the witness's examination - if necessary

using technical equipment for audio and video transmission - and may

exercise their right to ask questions without being present at the

examination. The investigating judge may instruct an expert witness to

carry out this kind of examination, in particular where the witness has

not yet reached the age of eighteen years. In any case, care shall be taken

1 § 115(2) amended by LGBl. 2012 No. 26.

2 § 115(3) amended by LGBl. 2004 No. 236.

3 § 115a(1) inserted by LGBl. 2004 No. 236.

312.0 Code of Criminal Procedure (StPO)

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to ensure that any encounter between the witness and the accused is

avoided if possible.1

3) A witness who has not yet reached the age of eighteen years and

whose sexual integrity may have been violated by the offence which the

accused is charged with shall always be examined by the court in the

manner described in Para. (2), and the other witnesses mentioned in

§ 107(1) if they or the Prosecution Service so request.2

4) Before the examination, the investigating judge shall instruct the

witness on his rights in terms of Para. (3) and on the fact that audio or

video recordings may be played during the trial even if he refuses to

testify in the future proceedings. These instructions and statements

made with regard to these shall be included in the record; they may also

be made given by the expert witness (Para. 2). The witness's age and

condition shall be taken into account with every instruction.3

§ 116

If a witness does not speak German, an interpreter shall be brought in

unless both the investigating judge and the keeper of the minutes speak

the foreign language. The witness's testimony shall only be recorded in

that language in the record or in exhibits if it is necessary to have a

verbatim record of the own expressions of the person examined (§ 48

(3)).

§ 117

If a witness is deaf, he shall be asked the questions in writing, and if

he is mute, he shall be asked to answer in writing. If one or the other

way of examination is impossible, the witness must be examined in the

presence of one or several persons who are in command of the witness's

sign language or who are otherwise able to communicate with deaf-mute

persons, and who shall be sworn as interpreters before.

§ 181a2

1) The public may only be excluded from a trial for reasons of

decency and public order. The tribunal shall order such exclusion ex

officio or on application of the prosecutor or the defendant, doing so by

way of a ruling following discussion and deliberation in chambers. The

ruling with grounds shall be announced in a public hearing and shall be

documented in the record of the hearing. There shall be no separate

resort to a higher court against this ruling.

2) Before discussing circumstances from the personal sphere or from

the sphere of secrecy of the defendant, any witness, or any third party, or

before examining a witness whose personal information is to remain

undisclosed (§ 119a), the tribunal shall exclude the public ex officio or on

application if legitimate interests prevail. Any such ruling shall be subject

to Para. (1) mutatis mutandis as to all other aspects.

§ 1971

1) The presiding judge may as an exception have the defendant leave

the courtroom during the examination of a witness or a co-defendant.

However, as soon as he has examined the defendant on the subject matter

discussed in the latter's absence, the presiding judge must inform him of

everything that has passed during his absence, in particular of the

testimonies made in the meantime.