Movies and television often speak of crown witnesses. It often seems as though any accused person who can provide relevant information is automatically exempt from punishment. However, in reality, it is not that simple. The crown witness regulation is subject to strict legal requirements.
While the crown witness regulation can help achieve immunity or a mitigation of the sentence, the accused should never provide information to the investigating authorities on their own in the hope of escaping punishment as a crown witness. In any case, detailed advice from an experienced criminal defense lawyer is necessary beforehand.
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What is a Crown Witness?
Crown witnesses are special witnesses in criminal proceedings. They disclose important information and testify in the proceedings of another defendant to prove their guilt. Crown witnesses are usually themselves charged as accomplices or for a related offense.
Through the crown witness regulation, the accused have the opportunity to receive a mitigation of sentence or even immunity from prosecution in their own trial. By testifying against other defendants, they often make themselves personally vulnerable. Therefore, witness protection measures are also possible for them.
Gut zu wissen: The term ‘crown witness’ is not a legal term, but has become established in colloquial language. Officially, the crown witness is a so-called investigation assistant. The term goes back to the British term “to give evidence for the crown,” which means “für die Krone aussagen” in German. The background is that the crown witness acts for the state (often the public prosecutor’s office) and helps them solve a case.
Crown Witness Regulations: What the Accused Should Know
In criminal law, there are various norms that determine the handling of crown witnesses. The decisive factor is Section 46b of the German Criminal Code (StGB), according to which courts can mitigate the sentence for crown witnesses in their own trial or refrain from punishment.
There are several requirements for cooperating as a crown witness:
- The crown witness must voluntarily disclose their knowledge of the offenses and
- contribute significantly to the uncovering of the offenses,
- which are connected to their own, or
- voluntarily disclose knowledge to an office in good time so that future crimes connected to their own offense can be prevented.
In particular, the law enforcement authorities must thereby gain reliable information about the crimes and the perpetrators. A simple confession regarding one’s own contribution to the crime is not sufficient. The knowledge and statements must extend to the contributions of other participants.
Furthermore, it must be a serious criminal offense according to Section 100a (2) of the German Code of Criminal Procedure (StPO):
- Serious crime
- Organized crime
- Transaction and white-collar crime
Mitigation of Sentence or Immunity: What Is Possible?
If a life sentence is threatened for the offense committed by the crown witness, the prison sentence must not be less than 10 years. In this case, the mitigation of the sentence must not fall below this minimum prison sentence.
For offenses punishable by an increased minimum prison sentence, only aggravations for particularly serious cases and no mitigations are taken into account.
For offenses punishable by fixed-term imprisonment, immunity from prosecution is possible. However, the prerequisite is that the crown witness has not incurred a prison sentence of more than 3 years.
Section 31 Statement: Crown Witness Regulation in Narcotics Law
Because crown witnesses are often viewed as “traitors,” especially in organized crime, the term “31er” has become established. The term refers to Section 31 of the German Narcotics Act (BtMG), which regulates the crown witness rule in narcotics law. This makes it all the more important for crown witnesses in this area to receive special protection from the authorities, for example through a witness protection program.
- Section 31 BtMG applies to drug offenses and is often also relevant in relation to organized crime. With the possibility of sentence mitigation or immunity, the crown witness regulation is intended to enable the conviction of so-called gangs and other criminal organizations.
The acts may have taken place domestically or abroad. The requirements are similar to those in the Criminal Code:
- According to Section 31 sentence 1 no. 1 BtMG, the investigation assistant or crown witness must voluntarily disclose their knowledge regarding a criminal offense under Sections 29 to 30a BtMG that is connected to their own act, thereby contributing significantly to the success of the investigation.
- According to Section 31 sentence 1 no. 2 BtMG, the accused must contribute to the prevention of a serious narcotics offense connected to their own act by voluntarily disclosing their knowledge.
Only then can a mitigation of sentence or immunity be considered in both cases.
Should I Confess Immediately as an Accused Person to Become a Crown Witness?
To benefit from a mitigation of sentence or immunity, it is not sufficient for crown witnesses to testify only during the main trial. Knowledge of the crime must be disclosed before the opening of one’s own main proceedings.
At the same time, however, the accused should not confess immediately or provide valuable information during the first interrogation. Anyone who readily discloses their knowledge not only incriminates themselves but also leaves no room for negotiation with the authorities regarding a crown witness arrangement. This can also have a negative impact on one’s own conviction.
The accused should therefore be aware that their statements significantly influence the criminal trial and cannot simply be withdrawn afterwards. If you wish to benefit from the crown witness regulation, first consult with a specialized criminal defense lawyer about how to proceed. Until then, we recommend that all accused persons remain silent.
How should I behave as an accused person?
Regardless of whether the crown witness regulation makes sense in your case or not, we have compiled some important rules of conduct that every accused person should take to heart from the moment they become aware of the allegation. However, this is no substitute for individual legal advice.
It is important to always take seriously a criminal allegation made against you. When accused, suspects often fall into a kind of state of shock; nevertheless, you should not remain inactive. Simply waiting in the hope that the allegation will resolve itself only leads to valuable time passing that a criminal defense lawyer could use to prepare your defense. Be aware that the outcome of a trial is always uncertain, even if you consider yourself innocent.
At the same time: Do not make any statements to the police. You are not obliged to comply with a summons from the police. Under no circumstances should you appear at the police station; instead, contact an experienced criminal defense lawyer who will support you in your case. After reviewing the files, you can decide together whether a statement makes sense.
Otherwise, you run the risk of unwittingly incriminating yourself to the police and thus actively contributing to your own conviction. When contacting the investigative authorities, the following generally applies: Exercise your right to remain silent and demand your criminal defense lawyer.
Important: In contrast to summonses from the police, you must comply with summonses from the public prosecutor’s office. However, only appear here after prior legal advice or with legal representation to avoid incriminating yourself.
If a search occurs, behave cooperatively in any case, but do not actively help the officers with their work. Ask to see the search warrant and demand proper documentation of all seized items. It is best to note down our contact details, including our emergency number:
- Call us without obligation: +49 (0)711 – 84 98 77 0
- Arrest/House Search? +49 (0)151 61429000 (24h emergency service)
If you have learned of an allegation against you, you can contact our criminal defense lawyers immediately. We are happy to be at your disposal for an initial consultation at any time. We will support you in all steps to achieve the best possible result for you.
