Searching for witnesses and legal responsibility
A guide to using suchen.expert
suchen.expert enables users to find witnesses to accidents, criminal offences or other relevant events, or to provide information as witnesses themselves. The platform serves solely to connect people and establish contact. It does not replace official or court proceedings.
Witnesses in Germany have statutory duties and rights that apply independently of our platform. The following is an overview of the main legal provisions.
1. Relevant statutory duties and rights of witnesses
1.1 Failure to provide assistance (§ 323c StGB)
Duty to assist:
Anyone who fails to provide necessary assistance in an accident or a public danger or emergency, although it is reasonable in the circumstances, may commit an offence under § 323c StGB. In particular, assistance must be possible without significant personal danger or breaching other important duties.
Important:
Assistance includes more than physical intervention. It can include:
- making an emergency call,
- alerting the police or emergency services,
- passing on important information.
Example:
A witness to a road accident who neither helps nor arranges assistance may be liable for failure to assist.
1.2 Duty to testify (§§ 48, 161a, 163(3) StPO)
General rule:
Witnesses must generally appear and testify when summoned by a court (§ 48 StPO) or the public prosecutor (§ 161a StPO). For a police summons, this applies if it is based on an instruction from the public prosecutor (§ 163(3) StPO). Statutory rights to refuse testimony or answers remain unaffected.
Witness duties:
- appearing for questioning,
- giving truthful testimony,
- providing complete information about the known facts.
These duties apply whether a witness was actively involved or merely observed events.
1.3 Rights to refuse testimony or answers (§§ 52, 53, 55 StPO)
Exceptions to the duty to testify:
Certain people may refuse testimony, including:
- spouses, civil partners and specified close relatives (§ 52 StPO),
- persons bound by specified professional confidentiality duties, such as lawyers, doctors and clergy (§ 53 StPO).
Note:
The right to refuse testimony protects personal relationships and special relationships of trust. Witnesses may also refuse to answer individual questions if doing so would expose themselves or a relative specified in § 52(1) StPO to a risk of prosecution for a criminal or administrative offence (§ 55 StPO).
1.4 Witness protection and legal assistance (§§ 68, 68b StPO)
Witness protection:
Where a witness is endangered, protective measures may be considered under the statutory conditions, particularly § 68 StPO:
- restricting personal information where the special conditions are satisfied,
- restricting disclosure of the place of residence or whereabouts,
- further suitable protective measures following assessment by the competent authorities.
A particular protective measure or anonymity is not automatically guaranteed. Witnesses may obtain legal assistance; under the conditions in § 68b(2) StPO, legal counsel must be appointed for their questioning.
1.5 False testimony and perjury (§§ 153, 154 StGB)
Criminal liability:
- § 153 StGB concerns intentionally false unsworn testimony as a witness or expert before a court or another body authorised to examine witnesses or experts under oath.
- § 154 StGB concerns a false oath before a court or another body authorised to administer oaths.
Consequences:
The law provides for imprisonment for these offences. A publication on suchen.expert alone is not testimony or an oath within these provisions. False publications may, however, fulfil other offences, such as those under §§ 164, 186 or 187 StGB.
Truthful testimony is a central element of the rule of law.
1.6 Failure to report certain planned offences (§ 138 StGB)
Reporting duty:
§ 138 StGB covers only the offences and conditions expressly specified there. A person who receives credible information about their planning or execution while the offence or its result can still be prevented may have a duty to report in time. There is no general duty to report every serious offence that has already been committed. § 139 StGB provides exceptions and further details.
Purpose:
Protecting victims and preventing further offences.
2. The role of suchen.expert
suchen.expert is not a public authority, investigative body or legal advice service.
The platform does not replace a report to the police or public prosecutor.
Users are responsible for the content, accuracy and lawfulness of their information.
Publication on the platform does not fulfil a legally required report to a competent body and does not justify breaching statutory duties.
3. Important legal notice
This guide provides general information and is not legal advice.
For specific legal questions, uncertainties or individual situations, we strongly recommend contacting a lawyer or the competent authorities.
