For most people, encounters with the criminal justice system occur when they are compelled to appear as witnesses in criminal proceedings. It usually comes as a complete surprise when a person is compelled to testify by subpoena from the police, the public prosecutor's office, or a subpoena to appear as a witness in court.
The reasons for seeking witness testimony can be complex and often the witnesses themselves do not understand why they are being compelled to appear. "I can't say anything of importance" or "I've already told the police everything" are common responses. Witnesses also have a right to be advised and represented by counsel when they give testimony. This is common knowledge.
Beyond this, it's also about critically assessing witness rights, such as the right to refuse to provide information about close relatives or to avoid the risk of exposing themselves to criminal prosecution by giving self-incriminating testimony.
Particularly for witnesses in criminal proceedings, we recommend that they consult an experienced criminal lawyer early on in order to avoid unpleasant and unforeseen situations during the witness examination. This includes obtaining detailed information on the general rights and obligations of witnesses and individual advice on what exactly to expect during examination.
