In brief

Witnesses must generally testify, and truthfully. Relatives of the accused and certain professions are exempt. Anyone who would incriminate themselves may leave individual questions unanswered.

Relatives (Section 52 StPO)

A comprehensive right to refuse testimony belongs to the fiancé, the spouse and the registered partner, even after the marriage or partnership has ended, and to relatives in the direct line, meaning parents, children, grandparents and grandchildren, and in the collateral line up to the third degree, such as siblings, uncles, aunts, nieces and nephews. Relatives by marriage are covered in the direct line and up to the second degree of the collateral line. Unmarried partners have no such right under current law.

The right arises afresh for each questioning. Someone who testified to the police may still remain silent in court. Their earlier police statement may then not be used (Section 252 StPO). An earlier judicial questioning, by contrast, may under certain conditions be introduced through the questioning judge. In cases of domestic violence this is often the central issue.

Professions bound by confidentiality (Sections 53 and 53a StPO)

Clergy, defence counsel, lawyers, tax advisers, doctors, psychotherapists, pharmacists, midwives, staff of pregnancy counselling centres, members of parliament and journalists, each concerning what was entrusted to them in that capacity. The right extends to their assistants, such as practice or office staff. If released from confidentiality, most of them must testify.

Right to refuse answers (Section 55 StPO)

Every witness may refuse to answer questions where the answer would expose them or a relative to the risk of prosecution for an offence or regulatory offence. This is not a general right to silence; it applies question by question. In practice it is often so extensive that in effect nothing remains to be said, for example with a passenger asked about drug use.

Witnesses must be informed of these rights before questioning. If the caution under Section 52 StPO is not given, the statement is generally unusable. Witnesses may be accompanied by a lawyer (Section 68b StPO). For accused persons the right to remain silent applies instead.

General explanation, not advice on an individual case. As of November 2026.