Obligation to testify

Obligation to testify
Legal adviceCriminalestatesdivorcepeople&familyWritten byIdéative

"My brother-in-law is the subject of criminal proceedings against him, in which my testimony is required. I'm very uncomfortable with the idea and would like to know whether I'm obliged to agree to attend a hearing."L, Lausanne

The circle of participants in criminal proceedings is not always limited to the defendant and the prosecutor. Other people are sometimes involved in the investigation of the case, such as the plaintiff, a victim, an expert or a witness. Specific rules apply to each participant in the proceedings.

The same applies to witnesses who, although not parties to the proceedings, have certain rights and obligations that must be communicated to them in advance by the criminal prosecution authorities. Generally speaking, witnesses are obliged to give evidence and tell the truth. However, in certain circumstances, they are allowed to refrain from speaking, particularly if they have a close relationship with the accused. Article 168 of the Federal Code of Criminal Procedure lists the cases in which a person is entitled to refuse to give evidence on the grounds of a personal relationship. This provision generally applies to the spouse, parents and relatives of the accused, including the brothers and sisters of the accused's spouse or the spouse of the accused's brother or sister.

However, the law lists a certain number of offences whose seriousness does not allow the witness to refuse to cooperate. This is the case, for example, in cases of homicide, grievous bodily harm, robbery, rape or sexual coercion. This is also the case when the victim is a close relative of the witness. These exceptions arise from the fact that, in certain circumstances, the public interest in investigating or punishing serious offences takes precedence over the need to respect the privacy of the persons involved.

In addition to close relatives, it should be noted that a person who would risk incriminating himself criminally or putting himself in serious danger by answering questions, or even implicating one of his close relatives, also has the right to refuse to testify. The same applies to the victim of a sexual offence, who may at any time refuse to answer questions relating to his or her private life. The nature of the relationship between you and the accused therefore theoretically allows you to refuse to testify. On the other hand, depending on the offence concerned by the proceedings or the identity of its possible victim, you may be refused this right despite the understandable discomfort you may feel about giving evidence in a case against a member of your family.

Ideative