Do I have to testify against my husband?

Do I have to testify against my husband?

"I would have liked to know if I am obliged to testify against my husband who has been summoned to court?

Sylvie, Geneva

First of all, you need to know what type of procedure is involved.

In the case of civil proceedings, the Geneva Civil Procedure Act (LPC) applies. In principle, any person summoned by the judge is required to appear as a witness. However, article 225 of the LPC stipulates that certain people may not be heard as witnesses: these include relatives in the direct line of descent of one of the parties, brothers and sisters, uncles and nephews, allies to the same degree, and the spouse, even if divorced. However, the parties may call these persons as witnesses, with the exception of descendants, in proceedings for the withdrawal of parental authority, legal separation, divorce and measures to protect the marital union. In all other cases, these persons may nevertheless be heard for information purposes, but they will not be able to take an oath. They will therefore not be subject to the ban on perjury.

With regard to employment law, the law on industrial tribunals (LJP) contains the same incompatibilities for giving evidence as the LPC, with the addition of minors under the age of 16. However, all such persons may also be heard for information purposes.

In administrative matters, article 31 of the Administrative Procedure Act provides for the same exceptions to giving evidence as the LPC and LJP combined, with the addition of members of the organs of legal persons in cases to which the legal person is a party, who may only be heard for information purposes.

Finally, in the context of criminal proceedings, article 42 of the Geneva Code of Criminal Procedure (CPP) stipulates that everyone is obliged to testify in court when summoned. There are exceptions to this obligation. Ascendants and descendants of the person being prosecuted and their spouses, spouses even if divorced, brothers and sisters and their spouses, and persons being prosecuted in related proceedings are not required to give evidence. Lastly, article 48 of the Criminal Procedure Code states that no one may be required to testify if to do so would have criminal consequences for him or herself.