NCJ Number
30928
Journal
Kriminalistik Volume: 29 Issue: 6 Dated: (JUNE, 1975) Pages: 250-252
Date Published
1975
Length
3 pages
Annotation
THE WEST GERMAN FEDERAL CONSTITUTIONAL COURT HAS DECIDED THAT, IN GENERAL, REFUSING A WITNESS LEGAL REPRESENTATION WHILE GIVING HIS TESTIMONY GOES AGAINST THE RIGHT TO A FAIR TRIAL GUARANTEED BY THE CONSTITUTION.
Abstract
REPRESENTATION SEEMS ADVISABLE WHEN QUESTIONS ABOUT THE RIGHT TO REFUSE TO TESTIFY, WHICH OFTEN ARE NOT EASY TO DECIDE, EXIST, WHEN THERE IS DOUBT ABOUT WHETHER TO REFUSE TO ANSWER A CERTAIN QUESTION IF IT IS ASKED OR IF THERE IS DANGER THAT THE WITNESS MAY FIND HIMSELF BEING PUT IN THE ROLE OF A DEFENDANT DURING THE COURSE OF HIS TESTIMONY. REPRESENTATION OF A WITNESS BY AN ATTORNEY, WHICH OCCURS ONLY RARELY, SHOULD NOT LEAD TO THE ASSUMPTION THAT THE WITNESS HAS SOMETHING TO HIDE OR FEARS BEING PUT IN THE ROLE OF A DEFENDANT WHILE GIVING HIS TESTIMONY. --IN GERMAN