You have a right to have your witnesses called to the court hearing and to question witnesses who testify against you. You and the state institution in the trial must be given this opportunity under equal conditions.

Admission of witness statements

Witness testimony is evidence and therefore, like any other evidence, must be relevant to the case and lawfully obtained. 

The court is obliged to call only the witnesses whose testimony is relevant to your case. Therefore, if you want a certain witness to be called on your behalf, you must explain to the court why you consider his /her testimony to be important for your case. If you have given good reasons for inviting a witness to the court, but it has refused to call this witness, the court must provide you with reasons for such refusal. 

The witnesses from both parties must be treated equally. Your rights will have been violated if the court has invited an important witness on behalf of the state institution, but has refused to invite your equally important and relevant witness.

Evaluation of evidence

In the court proceedings related to administrative offences the Code of Criminal Procedure applies subsidiary. This means that the court can also assess the reliability of the evidence. In its assessment, the court can take all the facts and circumstances of your case into account. The testimony of all witnesses is equally reliable when given. No witness can be presumed to be more reliable than any other without an individual assessment.

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Last updated 31/01/2019