Do I have to incriminate myself when I testify in court?
January 17, 2024 | 40,00 EUR | answered by Lina Strauss
Dear criminal defense lawyer,
My name is Lilli Weinert and I am facing the difficult decision of whether I must incriminate myself when I testify in court. The situation is as follows: I am a witness in a criminal case and I have important information that could help solve the case. However, there is a possibility that my testimony could also be used against me.
Currently, I am unsure of how to proceed. On one hand, I want to contribute to finding the truth and fulfill my moral duties as a witness, but on the other hand, I am concerned about potential consequences for myself. I want to avoid my testimony leading to me getting into legal trouble.
Therefore, my question to you as an expert in criminal law: Do I have to incriminate myself when I testify in court? Are there ways I can phrase my testimony so that I do not incriminate myself? Or are there other legal options that allow me to fulfill my duties as a witness without endangering myself?
I thank you in advance for your advice and support in this difficult situation.
Sincerely,
Lilli Weinert
Dear Mrs. Weinert,
Thank you for your inquiry and your trust in my expertise in the field of criminal law. The question of whether you have to incriminate yourself when testifying in court is an important and also difficult decision that should be carefully considered.
In Germany, there is a legal obligation to testify in court. This means that as a witness, you are generally required to tell the truth and disclose all relevant information about a case. This is in the interest of finding the truth and ensuring a fair judgment. However, if you provide information as a witness that could also be used against you, there is a risk of self-incrimination.
There are, however, certain legal options and strategies that can help you formulate your testimony in a way that does not incriminate yourself. Firstly, it is important to be aware that as a witness, you do not have a comprehensive right to refuse to testify. However, you may be able to refuse to answer questions that could incriminate you. Therefore, it is advisable to seek legal advice before testifying to clarify which questions you must answer and which you do not.
Furthermore, you can try to formulate your testimony in a way that provides relevant information for finding the truth while also protecting your own interests. Experienced lawyers can assist you in formulating your testimony and ensuring that you do not incriminate yourself.
There is also the option of having a witness advocate or defense attorney present during questioning or testimony. They can accompany you during the interrogation and provide legal assistance to ensure that your rights are protected and you do not incriminate yourself.
Overall, it is important to inform yourself and seek advice before testifying in order to find the right strategy for your situation. I recommend consulting an experienced criminal defense attorney to assist you in this difficult decision.
I hope that my response helps you and I am available for any further questions.
Sincerely,
Lina Strauss
Criminal Defense Attorney
