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Witness lawyer - receive authorisation
As a witness, you can make use of a lawyer for the duration of the questioning. This also applies if you are not the victim of the offence.
Witness lawyers are lawyers who will represent your rights for the duration of your interrogation. During questioning, for example, they ensure that you do not make any statements if you do not have to answer certain questions.
If, due to special circumstances, you as a witness are not in a position to exercise the powers to which you are entitled yourself and your interests cannot be taken into account in any other way, a lawyer must be appointed to assist you if you do not yet have a lawyer.
Responsible authority
The court that is responsible for the main proceedings or where 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, is responsible for deciding on the authorisation.
Details
Prerequisite
- For legal reasons, you cannot assert your rights yourself during questioning, for example your right to refuse to give evidence as a child or young person.
- Equivalent protection cannot be achieved in any other way, for example by 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:
Legal basis
Strafprozessordnung (StPO):
- § 68b Zeugenbeistand
Release note
machine generated, based on the German release by: Justizministerium Baden-Württemberg, 06.03.2026
