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.