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Your Witness Testimony in Court
If the state prosecutor decides to prosecute at the end of the preliminary hearing, they will file a criminal complaint (»Anklageschrift«). This formal document summarizes all important findings during the investigation and cites the statutes in the criminal code under which the offenders will be charged. Finally, the court responsible determines whether or not to accept the criminal complaint. At this point, the main trial begins and you will be invited to attend.
Questioning the witness during the trial is a more formal process than the questioning by the police or state prosecutor. During police questioning there is generally only one other authority present besides you, while during the main trial everyone participating is generally present. Besides the court officials, this includes the defendant, the state prosecutor and the joint plaintiffs.
The defendants sit with their lawyers on one side of the courtroom. The state prosecutor sits on the other side. If you have decided to file a joint action, your lawyer will sit next to the state prosecutor. The judge sits in the front. Depending on the severity of the crime, there will be one to three judges and two lay judges (what is known as »Schöffen« or »Schöffinnen«). In addition, there is a person who is responsible for producing a written transcript of the proceedings. Spectators can watch the proceedings in the back of the courtroom.
If the defendants are between 14 and 18 years old, they will be prosecuted according to juvenile criminal law. These proceedings are always closed to the public because the focus of the trial is the education of the offender and not their punishment, as is the case for adult criminal law. For older youth (»Heranwachsende«) between the age of 18 and 21, the court may decide to use either juvenile or adult criminal law. This depends on how »mature« the defendant is judged to be.
If the defendants are over 18 years old, the criminal proceedings are public. You can bring people you know to the hearing, which can help to create a more comfortable and secure atmosphere.
Before giving your statement, you are not allowed to listen to the proceedings, because you are supposed to relate what you remember without the influence of the testimonies thus far. As a result, if you are summoned as a witness, you will be asked to wait outside the courtroom until called.
At the beginning of your testimony, the judge will inform you of your rights and duties. The judge has an obligation to specify this for each witness before they testify — this is a normal part of due process. You will then be reminded that you have the duty to tell the absolute truth. Bearing false witness in court is liable to prosecution. Next the judge will ask you for personal information, specifically your name, age, profession, address, and whether you are related to the defendants.
Following this, the judge will call upon you to tell the court what else you know about the case being tried. At this time you are supposed to recount all you can remember in detail, so the court can get an idea of how you perceive the incident. If you can’t quite recall something, you can say so. After this, you will be asked some further questions.
It is possible that passages from your written statement will be read aloud to you. This is only to help refresh your recollection or to clear up the details.
It is also possible you will be asked to repeat things when testifying in court. This occurs because the court can, in principle, only consider the contexts brought to light in the main trial. Furthermore, everyone participating in the trial has the right to question the witness. This is also true for the defense lawyers.
In some situations this may be uncomfortable for you, especially when the defense tries to make you contradict yourself. Try not to let it upset you. If you feel like the defense is treating you poorly or offending you, address the judge. Should you feel like you need a break, you can simply say so. The court is there to protect you.
When all is said and done, the proceedings in a courtroom work quite differently from what you probably know from television. There is no witness stand and whether or not you have to take an oath is decided only after your testimony. As the victim of the crime being tried, you generally don’t have to take an oath.
(OPP)
