Relatives may refuse to testify under the conditions of Section 52 StPO. A person who exercises that right need not give evidence about the case. A person who does testify must tell the truth. The right to remain silent is not a right to protect a relative by giving false evidence.
Which relatives are covered?
Section 52 includes spouses, registered civil partners, people engaged to marry, and specified relatives by blood or marriage. Not every close personal relationship qualifies. Where there are several defendants, the relationships between the people and proceedings also matter.
Does the right continue after the relative’s case is discontinued?
There is no single answer for every form of discontinuance. The Federal Court of Justice held that a right derived from the relationship with a former co-defendant can end in proceedings against another defendant once the condition under Section 153a StPO has been fulfilled, discontinuance is final, and further prosecution of the act as a felony is excluded on the facts. A merely provisional discontinuance is different. The precise legal ground and current procedural status matter (decision of April 28, 2026, 1 StR 269/25).
What if answering a question could expose me to prosecution?
Section 55 StPO concerns the risk that answering a question could expose the witness or specified relatives to prosecution for a criminal or administrative offense. This protection must be assessed separately from the right to refuse testimony altogether under Section 52. It generally concerns the potentially incriminating questions; its scope depends on the case.
When can witness counsel help?
If your role is unclear, proceedings are connected, or a case has already been discontinued, clarify your rights before questioning. Independent witness counsel can assess the situation and help ensure that your rights and obligations are handled correctly during the interview or hearing.