Section 53
Right to refuse testimony on professional grounds

(1) The following persons may also refuse to testify:

1. clergy, concerning that information which was confided to them or which became known to them in their capacity as spiritual advisers;
2. defence counsel of the accused, concerning that information which was confided to them or which became known to them in this capacity;
3. lawyers and non-lawyer providers of legal services who have been admitted to a bar association
(Kammerrechtsbeistände), patent attorneys, notaries, certified public accountants, sworn auditors, tax consultants (Steuerberater) and tax representatives (Steuerbevollmächtigte), doctors, dentists, psychotherapists, psychological psychotherapists, psychotherapists specialising in the treatment of children and juveniles, pharmacists and midwives, concerning that information which was confided to them or which became known to them in this capacity; subject to section 53a, the same does not apply to in-house lawyers (section 46 (2) of the Federal Code for Lawyers) and in-house patent attorneys (section 41a (2) of the Federal Code for Patent Attorneys (Patentanwaltsordnung)) in respect of that which was confided to them or became known to them in this capacity;
3a. members or representatives of a recognised counselling agency under sections 3 and 8 of the Act on Pregnancies in Conflict Situations (Schwangerschaftskonfliktgesetz), concerning that information which was confided to them or which became known to them in this capacity;
3b. drug dependency counsellors in a counselling agency recognised or set up by an authority, a body, an institution or a foundation under public law, concerning that information which was confided to them or which became known to them in this capacity;
4. Members of the Bundestag, of the Federal Convention, of the European Parliament from the Federal Republic of Germany or of a Land parliament, concerning persons who have confided certain facts to them in their capacity as members of these bodies or to whom they have confided facts in this particular capacity, and concerning the facts themselves;
5. individuals who are or have been professionally involved in the preparation, production or dissemination of printed matter, broadcasts, film documentaries or in the information and communication services involved in instruction or in the formation of opinion.

The persons designated in sentence 1 no. 5 may refuse to testify concerning the author or contributor of comments and documentation or concerning any other informant or the information communicated to them in their professional capacity, including its content, and concerning the content of materials which they have produced themselves and matters which have received their professional attention. This only applies insofar as this concerns contributions, documentation, information and materials for the editorial element of their activity or information and communication services which have been editorially reviewed.

(2) The persons designated in subsection (1) sentence 1 nos. 2 to 3b may not refuse to testify if they have been released from their obligation of secrecy. The right of the persons designated in subsection (1) sentence 1 no. 5 to refuse to testify concerning the content of materials which they themselves have produced and matters which have received their professional attention lapses if the testimony is required to assist in investigating a serious criminal offence (Verbrechen) or if the subject of the investigation is

1. a crime against peace and of endangering the democratic state under the rule of law or of treason and of endangering external security (sections 80a, 85, 87, 88, 95, also in conjunction with sections 97b, 97a, 98 to 100a of the Criminal Code (Strafgesetzbuch)),
2. a crime against sexual self-determination under sections 174 to 174c, 176a, 176b and section 177 (2) no. 1 of the Criminal Code or
3. money laundering under section 261 of the Criminal Code whose prior offence is subject to an increased minimum prison sentence, and an investigation of the facts and circumstances or an investigation as to the whereabouts of the accused would otherwise offer no prospect of success or would be much more difficult. The witness may refuse to testify even in such cases, however, where testimony would result in disclosure of the identity of the author or contributor of comments and documentation or of any other informant, or of the information communicated to him or her in the professional capacity pursuant to subsection (1) sentence 1 no. 5 or of the content of such communications.

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.

Division 5
Other rights of aggrieved persons

Section 406d Notification of status of proceedings

(1) To the extent that it concerns them, aggrieved persons are to be notified, upon application, of
1. the termination of the proceedings,
2. the place and time of the main hearing and the charges brought against the defendant,
3. the outcome of the court proceedings.

Aggrieved persons who do not speak German are to be notified, upon application, of the place and time of the main hearing in a language they understand.

(2) Upon application, aggrieved persons are to be notified as to whether
1. the convicted person has been directed to refrain from making contact or associating with them;
2. measures involving deprivation of liberty have been ordered or terminated in respect of the accused or the convicted person or a relaxation of the conditions of detention or leave has been granted for the first time if he or she can show a legitimate interest and if there is no overriding interest meriting protection of the person concerned in precluding the notification; in the cases of section 395 (1) nos. 1 to 5 and in the cases of section 395 (3) in which an aggrieved person was admitted as private accessory prosecutor, there is no requirement to show a legitimate interest;
3. the accused or the convicted person has evaded a measure involving deprivation of liberty by fleeing and what measures, if any, have been taken as a result to protect them;
4. the convicted person is again granted a relaxation of the conditions of detention or leave if a legitimate interest can be shown or is evident and if there is no overriding interest meriting protection on the part of the convicted person in excluding the notification.

Such notification is given by whoever made the decision relating to the accused or the convicted person; in cases under sentence 1 no. 3, notification is given by the competent public prosecution office.

(3) Aggrieved persons are to be instructed about the rights to information arising from subsection (2) sentence 1 after the pronouncement of judgment or termination of proceedings. When reporting an offence, aggrieved persons are also to be instructed as to the rights to information arising from subsection (2) sentence 1 nos. 2 and 3 if it is to be expected that remand detention will be ordered against the accused.

(4) Notification need not be furnished if delivery is not possible at the address provided by an aggrieved person. If the aggrieved person has selected a lawyer as counsel, if counsel has been assigned to the aggrieved person or if the aggrieved person is legally represented by such counsel, section 145a applies accordingly.


Section 406e Inspection of files

(1) A lawyer may, on the aggrieved person’s behalf, inspect the files which are available to the court or the files which would need to be submitted if public charges were preferred and may view items of evidence in official custody if he or she can show a legitimate interest therein. In the cases under section 395, there is no requirement to show a legitimate interest.

(2) Inspection of the files is to be refused if overriding interests meriting protection, either on the part of the accused or of other persons, constitute an obstacle thereto. It may be refused if the purpose of the investigation, including in other criminal proceedings, appears to be jeopardised. It may also be refused if the proceedings would be considerably delayed thereby, unless, in the cases under section 395, the public prosecution office has noted in the files that the investigations have been concluded.

(3) Applying subsections (1) and (2) accordingly, aggrieved persons who are not represented by a lawyer are authorised to inspect the files and, under supervision, to view items of evidence in official custody. If the files are not kept in electronic form, then instead of being granted inspection of the files aggrieved persons may be sent copies of the files. Section 480 (1) sentences 3 and 4 applies accordingly.

(4) Subsections (1) to (3) also apply to the persons referred to in section 403 sentence 2.

(5) It is for the public prosecution office to decide whether to grant inspection of the files in preparatory proceedings and after final conclusion of the proceedings, in all other cases, the presiding judge of the court seized of the case gives this decision. An application may be made for a decision by the court competent pursuant to section 162 appealing against the decision made by the public prosecution office pursuant to sentence 1. Sections 297 to 300, 302, 306 to 309, 311a and 473a apply accordingly. The court’s decision is not contestable as long as the investigations have not yet been concluded. These decisions are given without reasons if their disclosure could jeopardise the purpose of the investigation.


Section 406f Assistance for aggrieved persons

(1) Aggrieved persons may avail themselves of the assistance of a lawyer or may be represented by such lawyer. An assisting lawyer who appears at the aggrieved person’s examination is permitted to be present.

(2) At the examination of aggrieved persons, a person whom they trust who has appeared at the examination is permitted, at their request, to be present, except where this could jeopardise the purpose of the investigation. It is for the person conducting the examination to decide; the decision is not contestable. The reasons for denying the request are to be placed on record.


Section 406g
Psychosocial assistance in legal proceedings

(1) Aggrieved persons may avail themselves of psychosocial assistance in legal proceedings. The person providing psychosocial assistance is permitted to be present during an aggrieved person’s examination and, when accompanying an aggrieved person, during the main hearing.

(2) The principles of psychosocial assistance in criminal proceedings, and the standards of qualification and the remuneration of individuals providing psychosocial assistance are based on the Act on Psychosocial Assistance in Criminal Proceedings (Gesetz über die psychosoziale Prozessbegleitung) of 21 December 2015 (Federal Law Gazette I, p. 2525, 2529), as amended.

(3) Under the conditions of section 397a (1) nos. 4 and 5, a person is to be appointed to provide psychosocial assistance upon application by the aggrieved person. Under the conditions of section 397a (1) nos. 1 to 3, a person may be appointed to provide psychosocial assistance upon application by the aggrieved person if the particular vulnerability of the aggrieved person so requires. Such appointment is free of charge for the aggrieved person. Section 142 (5) sentences 1 and 3 applies accordingly to the appointment. In the preliminary investigation, it is for the court competent pursuant to section 162 to decide.

(4) A person providing psychosocial assistance in criminal proceedings who has not been appointed may be prohibited from being present during the examination of the aggrieved person if his or her presence could jeopardise the purpose of the investigation. It is for the person conducting the examination to decide; the decision is not contestable. The grounds for denial are to be placed on record.


Section 406h
Assisting counsel for aggrieved persons entitled to private accessory prosecution

(1) Persons who are entitled to join the proceedings as a private accessory prosecutor pursuant to section 395 may avail themselves of the assistance of a lawyer or may be represented by a lawyer, even prior to the preferment of public charges and without declaration of joinder. They are entitled to be present at the main hearing even if they are to be examined as witnesses. If there is doubt as to whether a person is entitled to private accessory prosecution, it is for the court to decide, after hearing the person and the public prosecution office, whether the person is entitled to be present; the decision is not contestable.

(2) The lawyer of a person entitled to private accessory prosecution is entitled to be present at the main hearing; subsection (1) sentence 3 applies accordingly. The lawyer is to be notified of the date set down for the main hearing if the court has been informed of his or her having been selected or if he or she has been appointed as counsel. Sentences 1 and 2 apply accordingly in the case of judicial examinations and judicial inspections, unless the presence or notification of the lawyer could jeopardise the purpose of the investigation. Following judicial examinations, counsel is to be given the opportunity to comment or to ask the examined person questions. Questions or statements which are inappropriate or of no relevance to the matter may be rejected. Section 241a applies accordingly.

(3) Section 397a applies accordingly to
1. the appointment of a lawyer and
2. the granting of legal aid to call in a lawyer.

In the preparatory proceedings, it is for the court competent pursuant to section 162 to decide.

(4) Upon application by the person entitled to join the proceedings as a private accessory prosecutor, a lawyer may, in the cases under section 397a (2), be temporarily appointed as counsel if

1. this is necessary for special reasons,
2. the assistance of counsel is urgently required and
3. the granting of legal aid appears to be possible but a decision cannot be expected to be given in time.

Section 142 (5) sentences 1 and 3 and section 162 apply accordingly to the appointment. The appointment ends if no application for legal aid is filed within a time limit to be determined by the judge or if legal aid is refused.


Section 406i
Notification of aggrieved persons of rights in criminal proceedings

(1) Aggrieved persons are to be notified as early as possible, as a rule in writing and as far as possible in a language they understand, of their rights in criminal proceedings which follow from sections 406d to 406h, in particular they are also to be informed of the following:
1. They may report an offence or file a request to prosecute pursuant to section 158.
2. They may join the public prosecution as a private accessory prosecutor subject to the conditions of sections 395 and 396

or section 80 (3) of the Youth Courts Act and thereby
a) apply, pursuant to section 397a, for legal assistance for themselves or to have legal aid granted for calling in such legal assistance,
b) assert a claim for interpretation and translation in criminal proceedings pursuant to section 397 (3) and sections 185 and 187 of the Courts Constitution Act.

3. They may assert a property claim arising from the offence in the criminal proceedings in accordance with the provisions of sections 403 to 406c and section 81 of the Youth Courts Act.
4. They may, if they were examined by the public prosecution office or the court as witnesses, assert a claim for compensation in accordance with the provisions of the Judicial Remuneration and Compensation Act.
5. They may obtain restitution by way of victim–offender mediation pursuant to section 155a.

(2) If there are indications that the aggrieved person is particularly vulnerable, the aggrieved person is, as a rule, to be made aware at a suitable stage of the proceedings of those provisions which serve to protect him or her, in particular of section 68a (1), sections 247 and 247a, section 171b and section 172 no. 1a of the Courts Constitution Act.

(3) Aggrieved persons who are minors and their representatives are also to be made aware at a suitable stage of the proceedings of those provisions which serve to protect them, in particular section 58a and section 255a (2), if application of these provisions is considered a possibility, and of section 241a.


Section 406j
Notification of aggrieved persons of rights outside criminal proceedings

Aggrieved persons are to be notified as early as possible, as a rule in writing and as far as possible in a language they understand, of the following rights which they have outside of criminal proceedings:

1. They may assert a property claim arising from the offence under civil law, unless such a claim is asserted in the criminal proceedings in accordance with the provisions of sections 403 to 406c and section 81 of the Youth Courts Act and they may thereby apply to have legal aid granted for calling in legal assistance.
2. They may apply for the making of orders against the accused in accordance with the provisions of the Act on Civil Law Protection against Violent Acts and Stalking.
3. They may assert claims to compensation in accordance with the provisions of the Act on Compensation to Victims of Violent Crime (Opferentschädigungsgesetz).
4. They may, where applicable, assert claims to compensation in accordance with the administrative provisions of the Federation or of the Länder.
5. They may obtain support and assistance from victim support facilities, for example

a) advice,
b) provision with or allocation of accommodation in a shelter or
c) the offer of therapeutic services, such as medical or psychological support, or other available psychosocial support.


Section 406k Further information

(1) The information referred to in sections 406i and 406j must, as a rule, include details as to whom the aggrieved persons can turn to in order to avail themselves of the options described above and who provides the services described above, where applicable.

(2) The relevant instruction need not be given if it is apparent that the conditions for a specific entitlement are not met in a specific case. There is no duty to provide written information to aggrieved persons who have not provided an address to which documents can be served.


Section 406l
Rights of aggrieved persons’ relatives and heirs

Section 406i (1) and sections 406j and 406k also apply to the relatives and heirs of aggrieved persons to the extent that they possess the relevant rights.