The obligation to testify

The obligation to testify

The role of a witness in proceedings - whether civil, criminal or administrative - can be crucial and, indeed, can seem daunting to the person called to testify. Admittedly, the aim of the judge or prosecutor in charge of the case is to rely on the witness's statements in an attempt to establish the truth, but rest assured, the atmosphere is less tense than in American TV series and the rules are a little different! In Swiss civil proceedings in particular, testimony is considered to be "evidence" and the witness (who cannot be a party to the proceedings) will be called upon to give an opinion on the facts of which he has direct knowledge. At the hearing, the summoned witness will first be urged to answer truthfully, on pain of criminal prosecution. On the other hand, in Switzerland there is no longer any need to "swear or promise to tell the whole truth", and even less so by placing one's hand on a Bible.As regards the content of the hearing, the procedure is simple: article 172 of the Code of Civil Procedure (CPC) states that the witness must state his or her identity before being questioned about his or her personal relations with the parties and about other circumstances likely to affect the credibility of his or her testimony, after which he or she will be asked to answer questions about the facts of the case that he or she has personally observed. It should be noted that the witness expresses himself freely and spontaneously, i.e. without being prepared, and that the essence of his statements will be recorded in the minutes of the hearing, which he will be required to sign at the end of his testimony.Concerning your question about the obligation to appear, the person called as a witness is in principle required to report to the authority that summoned him, but there are several exceptions to this rule. For example, any person with close family ties to a party (spouse, child, parent) or a person bound by professional secrecy has the right to refuse to cooperate with the proceedings, in whole or in part. A witness may also refuse to give evidence if his or her testimony could give rise to civil or criminal liability or compromise the liability of those close to him or her. However, apart from these exceptions, a person who refuses to testify is liable to a fine of up to several hundred or even several thousand Swiss francs, to which will be added the costs of the summons.