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NCJRS Abstract

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NCJ Number: 30928 Find in a Library
Title: WITNESS' RIGHT TO THE ADVICE OF COUNSEL - WEST GERMANY
Journal: KRIMINALISTIK  Volume:29  Issue:6  Dated:(JUNE, 1975)  Pages:250-252
Author(s): W STEINKE
Corporate Author: Kriminalistik Verlag Gmbh
Germany (Unified)
Date Published: 1975
Page Count: 3
Sponsoring Agency: Kriminalistik Verlag Gmbh
6900 Heidelburg 1, Germany
Format: Article
Language: German
Country: West Germany (Former)
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
Index Term(s): Constitutional Rights/Civil Liberties; Federal courts; Germany; Right against self incrimination; Right to counsel; Testimony; Witnesses
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