Witness protection in Germany

Abstract

In scientific work, the author examines the protection of witnesses in Germany. It is stated thatGermany has specific legislation governing the operation of their witness protection programmes. The WPPs in Germany was created by Witness Protection Harmonisation Act in 2001. Some norms of Code of Criminal Procedure (StPO) also regulates witness protection such as Section 68, Section 68b, Section 223, Section 247, Section 96, Sections 110 b and 110 d. Germany has several regional and local programmes now. Police witness protection units based at the regional level. Only in rare cases would the Federal Bureau of Investigation be involved (BKA). Normally the police and, in particular, the bureau of the protection of witnesses which is located in every region. Witnesses are admitted according to a set of predetermined criteria, including: the level of threat to the witness’s life (the key element); the importance of the case; the decisive relevance of the testimony for the prosecution; the impossibility of obtaining the information from another source; the personality of the witness and their potential to adjust to a new life; the family situation of the person (in particular the number of family members to be covered by the programme). Witness protection is a task not solely for the judiciary and the police, but for society as a whole, in particular for all state bodies, which need to accept and support the witness protection measures implemented by the judiciary and the police.