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.