Section 48a
Particularly vulnerable witnesses; requirement of expedited action

(1) If the witness is also the aggrieved person, then account is to be taken at all times of his or her particular vulnerability throughout hearings, examinations and other investigatory acts concerning him or her. An examination is, in particular, to be made

1. as to whether an imminent risk of serious detriment to the witness’s wellbeing requires measures to be taken pursuant to section 168e or section 247a,
2. as to whether any of the witness’s overriding interests meriting protection require that the public be excluded pursuant to section 171b (1) of the Courts Constitution Act and
3. as to what extent it is possible to refrain from asking non-essential questions concerning the witness’s personal sphere of life pursuant to section 68a (1).

Account is, further, to be taken of the witness’s personal situation and the nature and circumstances of the offence.

(2) Hearings, examinations and other investigatory acts concerning acts to the detriment of a minor aggrieved person must be conducted in a particularly expedited manner insofar as this is necessary, taking account of the witness’s personal situation and the nature and circumstances of the offence, to protect the minor aggrieved person or to prevent the loss of evidence.

Section 55
Right to refuse to give information

(1) Witnesses may refuse to answer any questions the reply to which would subject them or one of their relatives as indicated in section 52 (1) to the risk of being prosecuted for an offence or a regulatory offence.

(2) Witnesses are to be instructed as to their right to refuse to answer.

Section 58a
Video and audio recording of examination
(1) A video and audio recording may be made of the examination of a witness. After evaluation of the relevant circumstances, the examination is, as a rule, to be recorded and conducted as a judicial examination

1. if the interests meriting protection of persons under 18 years of age and of persons who as children or juveniles were aggrieved by one of the offences under section 255a (2) can thus be better safeguarded or
2. if there is a concern that it will not be possible to examine the witness during the main hearing and the recording is required in order to establish the truth.

The examination must, following an evaluation of the relevant circumstances, be recorded and conducted as a judicial examination if the interests meriting protection of persons who have been aggrieved by offences against sexual selfdetermination (sections 174 to 184j of the Criminal Code) can thus be better safeguarded and the witness consented, prior to the examination, to the video and audio recording being made.

(2) Use of the audio-visual recording is admissible only for the purposes of the criminal prosecution and only insofar as it is required in order to establish the truth. Section 101 (8) applies accordingly. Sections 147 and 406e apply accordingly, subject to the proviso that copies of the recording may be made available to persons entitled to inspect the files. The copies may not be duplicated nor may they be passed on. They are to be returned to the public prosecution office as soon as there is no further legitimate interest in using them. The transfer of the recording or the release of copies to persons or authorities other than those aforementioned is subject to the consent of the witness.

(3) If the witness does not consent to a copy of the recording of his or her examination as a witness being made available pursuant to subsection (2) sentence 3, then the record is to be released instead to the persons entitled to inspect the files in accordance with section 147 and section 406e. The right to view the recording pursuant to section 147 and section 406e remains unaffected. The witness is to be informed of the right to refuse consent under sentence 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 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 68a
Limitation of right to ask questions to protect privacy

(1) Questions concerning facts which may dishonour the witness or a relative of the witness within the meaning of section 52 (1) or which concern their personal sphere of life are, as a rule, to be asked only if they cannot be dispensed with.

(2) Questions concerning circumstances justifying the witness’s credibility in the case at hand, in particular concerning his or her relationship with the accused or the aggrieved person, are to be asked insofar as this is necessary. Witnesses are, as a rule, to be asked about any previous convictions only if their establishment is necessary in order to decide whether the conditions of section 60 no. 2 have been met or to determine a witness’s credibility.

Section 168e
Separate examination of witnesses

If there is an imminent risk of serious detriment to a witness’s wellbeing in the event of his or her being examined in the presence of persons entitled to be present and if that risk cannot be averted in some other way, the judge must, as a rule, examine the witness separately from those entitled to be present. There is to be simultaneous audio-visual transmission of the examination to the latter. The rights of participation of those entitled to be present otherwise remain unaffected. Sections 58a and 241a apply accordingly. The decision referred to in sentence 1 is not contestable.