Witness lawyer - Obtaining a subpoena
As a witness, you can use the services of a lawyer for the duration of the questioning. This also applies if you are not the victim of the crime.
Witness attorneys are lawyers who protect your rights for the duration of your interrogation. During questioning, they make sure, for example, that you do not give any information if you do not have to answer certain questions.
If you, as a witness, are not in a position to exercise the powers to which you are entitled yourself due to special circumstances and your interests cannot be taken into account in any other way, you must be assigned a lawyer to assist you if you do not yet have a lawyer.
Responsible department
for the decision on the substitution: the court that has jurisdiction for the main proceedings or before which the proceedings are pending, or the public prosecutor's office if you are to be questioned by the public prosecutor's office or the police.
Details
Prerequisite
- You cannot enforce your rights during questioning yourself for legal reasons, for example your right to refuse to testify as a child or juvenile.
- Equivalent protection cannot be achieved in any other way, for example through a person you trust.
Procedure
You must apply in writing to the competent authority for a lawyer to be assigned to you.
The public prosecutor's office can also apply for this. The court can also assign a lawyer to you on its own initiative.
There is no specific form.
Deadlines
none
Required documents
none
Costs
none
Miscellaneous
none
Detailed information
Information on witness advocates can be obtained from:
Release note
17.10.2023 Justizministerium Baden-Württemberg