I refuse to testify
I refuse to testify
Testimony is an essential piece of evidence in criminal and civil proceedings, and witnesses have a fundamental obligation to answer questions truthfully. However, in certain circumstances, witnesses have the right - and sometimes even the duty - not to answer the questions put to them. If the criminal cases you see in your favourite films took place in the Swiss snows rather than the Scandinavian snow, their protagonists could avail themselves of the various possibilities for refusing to inform the law. These include situations in which the witness has a family or personal relationship with the person about whom they are being questioned, or where their answers could expose them personally to prosecution or serious problems, or could place someone close to them at risk. More specifically, the right to refuse to testify on the grounds of personal relationships is provided for in article 168 of the Code of Criminal Procedure, but also in article 165 of the Code of Civil Procedure, which is similar in wording. In this context, the exemption is justified by a close relationship. The accused's spouse or partner, the person who has children with him or her, his or her parents and relatives in the direct line, or his or her brothers and sisters and half-brothers and sisters are exempt from testifying.There are, however, limits to the right to refuse to testify, for example in the case of offences deemed particularly serious, such as homicide, grievous bodily harm or rape.The law thus provides for various situations in which a witness may avail himself or herself of the right to remain silent. However, being exempted from answering does not mean being allowed to answer anything, as the witness is in any case obliged to inform the courts in accordance with the truth.
