In criminal cases, there is often ambiguity or differing views on what has happened. The trial finds out what happened and the orthopedic expert witness play a very important part. Identity is oral and takes place in court by reporting matters. Previous police interrogations and interrogation reports made from them cannot be relied upon.
The witness has a positive duty of truth. This means that he must, on his own initiative and truthfully, tell everything he knows about the matter under investigation. He must also answer the questions raised. If a witness is found to have deviated from the truth or concealed something, he or she will be prosecuted for making a false statement. It is usually punishable by imprisonment.
He / she and his / her close relatives (spouse, ex-spouse, fiancé, relative in the direct ascending and descending line or the spouse or ex-spouse, sibling or spouse of such a relative) may be protected, so the witness may refuse to testify and do not have to answer questions. the risk of prosecution of himself or a close relative. A witness is also not required to disclose business or professional secrets unless specifically required to do so by law.
Even if a witness has the right to refuse to testify, he or she must always go to court after being summoned. If a witness does not exercise his right to refuse, he must tell the matter with the same duty of truth as any other witness. Social and health care staff's duty of confidentiality may be breached and they may also be required to testify about confidential matters.
Witnessing is a civic duty that cannot be denied. Usually witnesses are summoned to court under threat of a fine. The witness will receive a written summons to the trial. He must appear in court at the time specified in the summons, unless he has an obstacle which prevents him from coming. Such an obstacle can be, for example, illness or interruption of public traffic. The admissibility of an obstacle is decided by the president of the court, ie the judge. The impediment must be notified in advance to the presiding judge or to the person at whose request the witness has been summoned. If the impediment is illness, the witness must provide the court with a medical certificate.
There is a list on the wall of the court waiting room that shows the order in which criminal cases are handled. As processing time is difficult to estimate, a witness should be prepared to wait his turn. Sometimes the case may still have to be canceled at this stage, for example because one of the parties has not arrived.
Witnesses are called one at a time called the courtroom. They are only there for the time it takes for his testimony to last. However, a witness may not leave the courtroom until the hearing has ended, unless authorized by the presiding judge.
WITNESS OATH OR DECLARATION
A witness swears an oath or gives an affidavit. Usually an oath is given when a witness is a member of the congregation. However, it is up to the witness to decide whether to take the oath or affirmation. However, in a criminal case, certain close relatives of the accused do not swear an oath. The oath or affirmation is pronounced following the dictation of the chairman.
Oath of a witness
I NN promise and swear by Almighty and omniscient God that I will testify and tell all the truth in this matter without concealing or adding to it or altering it.
I NN promise and affirm through my honor and conscience that I will testify and tell the whole truth in this matter without concealing or adding anything to it or altering it.
REIMBURSEMENT OF WITNESS COSTS
If the witness has been appointed by a public prosecutor or a party to whom legal aid has been granted, the witness will be reimbursed the following compensation from State resources:
Travel expenses according to the price of the cheapest vehicle (bus, train).
Financial loss (for example, lost wages, extra childcare costs) on a net basis, because the compensation paid by the state is tax-free income for the recipient. A witness or other written statement about the salary, etc. should be brought with him or her. However, there is an upper limit on compensation from state resources.
Subsistence allowance, the amount of which depends on the time spent in court and travel.
If a witness is so far away that he or she has to spend the night on the way, he or she will also be reimbursed for the costs of the stay. There is a certain upper limit to compensation.
Compensation from state funds is usually paid retrospectively to the account of the witness. To secure payment, the witness must provide the court with his or her bank contact information.
If a witness is summoned by a private party who has not been granted legal aid, he or she will pay the witness any future compensation. A witness can make his or her own claim in court. The court shall decide on the amount of compensation after consulting the party concerned.
The witness may also request advance reimbursement of his travel expenses. In some cases, he may also receive a daily allowance and reimbursement of accommodation costs in advance. A witness appointed by the public prosecutor may request an advance from the police station of his or her place of residence. A witness called by a private party may request an advance from that party.
A witness heard at a police pre-trial investigation is not paid travel and working time allowances from state funds.
THREATENING A WITNESS
Threatening a witness is a punishable act. In the event of intimidation or violence, the witness should contact the police or the prosecutor. The intimidation should also be reported to the court. In order to protect the witness or a person close to him or her, the witness may be heard at the trial without any of the parties being present.
EXPERT WITNESS AND ACTUAL EXPERT
Doctors, therapists, crisis workers and police officers are very ordinary professionals who want to be heard as witnesses in court. Because of the special expertise of a witness, such is often referred to as an expert witness. The position of an expert witness is the same as that of other witnesses. Usually, an expert witness is appointed by the prosecutor.
The court also has the option of appointing an actual expert to the case. The court may, if necessary, obtain the expert opinion of an official, agency or other person working in the field in matters which require special professional knowledge. An expert may not be a person who is in a relationship with the case or one of the parties in such a way that his or her credibility can be considered impaired.
An ordinary witness will tell the court of his or her own findings on matters relevant to the resolution of the case. An expert witness and expert will report their findings or subject in general on the basis of their expertise. For example, in a case of sexual abuse of a child, he or she can tell both about the symptoms and consequences of that child and, more generally, about what sexual abuse means for the child's development and mental well-being.
Often, the hearing of an expert witness or expert as a witness is based on his or her written statement. The opinion is required to provide a detailed account of what has been found in the study and a reasoned opinion based on the information presented.