Crown witness (Germany)
In Germany, a crown witness (de:Kronzeuge) is a witness in a criminal trial who testifies against accomplices in order to receive a lower sentence from the prosecution. Crown witnesses came to prominence during the Red Army Faction (RAF) trials in the 1970s.[1] The German Bar Association has criticized the system, claiming that testimony by crown witnesses often obstructs trials.[2]
Background
During the 1970s, a left-wing well organized wave of violence went through Germany and
Early crown witnesses
There was no
Small crown witness rule
In 1981, there was issued a first so-called "small crown witness rule", which enabled witnesses in drug related trials, to achieve a lower sentence.[3] From 2000 onwards there was also a law that lowered the sentence of a witness who came to an agreement with the prosecution in trials concerning money-laundering.[6] Both laws was later criticized by the German Bar Association.[2]
Crown witness rule
A law called "crown witness rule" (German:Kronzeugenregelung) concerning the testimony of a witness in terror related cases was introduced with the support of State Prosecutor Kurt Rebmann in 1989 during the Government of Helmut Kohl. Initially only valid until 1992,[7] it was prolonged several times.[8] The crown witness rule of 1989 was abolished in 1999.[9] In 2009 a new crown witness rule came into force and since then, witnesses in cases of a wider range were allowed to become a crown witness.[10]
Crown witnesses
The first witness who gave his testimony with this law, was Ali Cetiner. He was a crown witness in the Kurdish Trial in Düsseldorf, but his testimony was not very effective[11] and of the initially 20 defendants only four were sentenced and two of the sentenced were released.[12] The crown witness who testified against Kani Yılmaz, the PKK representative in Europe, committed suicide by self-immolation in 1997.[13]
See also
References
- ^ a b c d "Kronzeugen : Pakt mit dem König". Der Spiegel. 23 March 1975. Retrieved 2020-11-01.
- ^ a b "Stellungnahme des Deutschen Anwaltvereins" (PDF). 2006. Archived (PDF) from the original on 2020-11-02. Retrieved 1 November 2020.
- ^ a b Janßen, Karl-Heinz; Brunner, Erwin; Riedl, Joachim; Sontheimer, Michael (21 November 1986). "Wunderwaffe Kronzeuge". Die Zeit. p. 4. Archived from the original on 2020-11-09. Retrieved 2020-11-01.
- ^ a b Janßen, Karl-Heinz; Brunner, Erwin; Riedl, Joachim; Sontheimer, Michael (21 November 1986). "Wunderwaffe Kronzeuge". Die Zeit. p. 6. Archived from the original on 2020-11-09. Retrieved 2020-11-01.
- ^ a b c ""Heute diene ich mit der reinen Wahrheit"". Der Spiegel. 13 May 1979. Archived from the original on 2014-10-14. Retrieved 2020-11-01.
- ^ "Bundeskartellamt - Bonusregelung - Bonusregelung". www.bundeskartellamt.de. Archived from the original on 2020-11-08. Retrieved 2020-11-01.
- ^ "Gesetzentwurf der Fraktionen der CDU/CSU und F.D.P." (PDF).
- ISSN 0931-9085. Retrieved 2020-11-01.
- ^ LTO. "Reform der Kronzeugenregelung: Wenn kriminelle Insider auspacken". Legal Tribune Online (in German). Retrieved 2020-11-01.
- ^ "§ 46b StGB: Die neue Kronzeugenregelung im Strafrecht". Juraexamen.info - Online-Zeitschrift für Jurastudium, Staatsexamen und Referendariat (in German). 2009-09-01. Retrieved 2020-11-01.
- ISSN 0931-9085. Retrieved 2020-10-07.
- ISSN 0931-9085. Retrieved 2020-10-09.
- ^ Rolf, Gössner. "DER KRONZEUGE - Die Ware Verrat". www.freitag.de (in German). Retrieved 2020-11-01.