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Witness in criminal proceedings: duty to testify, refusal and caution

Rights and duties of the witness in Austrian criminal proceedings: general duty of witnesses, refusal of testimony under sections 156 and 157 StPO.

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4 July 2026 · Mag. Christopher Angerer, Rechtsanwalt

Anyone who is summoned as a witness in Austrian criminal proceedings is in principle required to cooperate. There are, however, important grounds of exemption and rights of refusal that are expressly regulated in the StPO. Whoever knows them and uses them correctly avoids conflict and secures their rights.

This post explains from a legal perspective the duty of testimony, the most important rights of refusal and the duty of caution. The consequences of false testimony are only briefly addressed; a separate post on false sworn testimony is already available. This is general information, not advice in an individual case.

What is your situation as a witness?

Four constellations, one clear next step.

Whether a relative of the defendant, possible self-incrimination, professionally bound or a wish to remain anonymous: choose the constellation that applies to you.

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01 Question 1

What is your situation as a witness in criminal proceedings?

Witnesses are in principle subject to the duty to testify but have important rights of refusal. Choose the constellation that applies to you.

All paths at a glance

Overview of all answers.

01

Relative is the defendant: examine the right to refuse under section 156 StPO.

Relatives of the defendant have a comprehensive right to refuse testimony under section 156 StPO. These include spouses, registered partners, partners in life and relatives in the direct line as well as close relatives. From a legal perspective the right of refusal should be examined before the testimony and asserted where appropriate.

The right of refusal must be actively declared. Anyone who testifies despite having a right cannot retract that testimony later. A caution is mandatory; in its absence the testimony is generally not admissible as evidence.

In depth: refusal of testimony →
02

Risk of self-incrimination: refusal of information under section 157 StPO.

Nobody is required to incriminate themselves. Section 157 StPO gives witnesses the right not to answer specific questions where the answer would render them or a relative suspect of a criminal offence. From a legal perspective the scope of the right to refuse information should be clarified before the examination.

The right relates to specific questions, not necessarily to the entire testimony. Careful preparation with legal support protects against exposure to prosecution through an answer.

In depth: refusal of testimony →
03

Professional secrecy: take statutory limits on testimony seriously.

Doctors, lawyers, notaries, clergy, journalists and further professional groups are subject to specific duties of confidentiality. These duties give rise to rights to refuse testimony in court. From a legal perspective the content covered by confidentiality should be clarified before the examination.

Testifying about content covered by professional secrecy is generally not permitted and can entail disciplinary consequences. Even partial testimony can breach professional secrecy and a careful delineation is therefore necessary.

In depth: refusal of testimony →
04

Anonymity desired: examine special protective measures.

In certain cases special protective measures for witnesses come into consideration. These include anonymous examination, examination via audiovisual transmission and considerate examination of particularly vulnerable persons. From a legal perspective the need for protection should be assessed before the examination and the available measures considered.

Protective measures are not granted automatically. They require a specific endangerment and must regularly be requested in light of the circumstances. Early legal advice increases the prospects of success.

In depth: protective measures for witnesses →

The general duty of witnesses

In Austrian criminal proceedings witnesses are subject to a threefold duty. First they must appear on a court or prosecutorial summons. Second they must testify truthfully and finally they must testify at all. Anyone who fails to appear without reason can be brought in by force and made subject to coercive measures.

The duty of witnesses reflects a public interest in finding the truth in criminal proceedings. It applies in principle to every witness, regardless of the relationship to the defendant. Exceptions must be justified by a statutory right of refusal.

From a legal perspective it is recommended to clarify one's own role and possible rights before an examination. An unprepared statement can burden both the witness and the proceedings.

Refusal of testimony and refusal of information

The StPO provides several grounds for refusing testimony. Section 156 StPO gives relatives of the defendant a comprehensive right to refuse testimony. It covers spouses, registered partners, partners in life, relatives in the direct line and close collateral relatives. Anyone wishing to make use of this right must declare it at the examination.

Section 157 StPO regulates the refusal of information. It concerns individual questions whose answer would render the witness or a relative suspect of a criminal offence. The refusal of information protects against exposing oneself to prosecution. It must be asserted at every relevant question.

In addition specific statutes recognise rights of refusal for particular professional groups. These are dealt with in the following section on professional secrecy.

Professional secrecy and duty of caution

Certain professional groups are subject to a statutory duty of confidentiality which acts as a right to refuse testimony in criminal proceedings. These include lawyers, notaries, doctors, pharmacists, clergy, mediators, journalists and further professions. Without release they may not testify about matters covered by professional secrecy.

The duty of caution about rights of refusal lies with the court or the prosecutor conducting the examination. It is a condition of the admissibility of the testimony. If the caution is missing the testimony is generally not admissible and can be challenged as evidence by the defence.

From a legal perspective it is recommended to insist on the caution where one's own position is uncertain and to request a short break for legal clarification before testifying.

Protective measures and consequences of false testimony

In cases of particular endangerment protective measures for witnesses come into consideration. These include anonymous examination, examination via audiovisual transmission and considerate examination of especially vulnerable persons, for instance children or other particularly vulnerable witnesses. These measures must regularly be applied for and require a specific endangerment.

Anyone who testifies falsely as a witness risks prosecution for false sworn testimony under section 288 StGB. The penalty is significant; in aggravated cases it extends to multi-year custodial sentences. A separate post is devoted to false sworn testimony in detail.

From a legal perspective truthful testimony within the limits of one's own rights of refusal is the safest strategy. Anyone who openly admits gaps in knowledge and does not engage in speculation protects themselves against conflicts with the duty of truth.

Insist on the caution. Anyone summoned as a witness should carefully attend to the caution about rights of refusal before testifying and, in case of doubt, expressly request it. A missing or incomplete caution can remove the admissibility of the testimony.

Frequently asked questions

What you need to know as a witness in Austria.

Must I appear as a witness? +

Yes. The duty to appear is part of the witness duty. Anyone who fails to appear without reason can be brought in by force and made subject to coercive measures.

When may I refuse to testify? +

In particular where you are a relative of the defendant (section 156 StPO), where the answer would expose you or a relative to prosecution (section 157 StPO) or where professional secrecy applies.

Who counts as a relative? +

In particular spouses, registered partners, partners in life, relatives in the direct line and close collateral relatives. The exact group is set out in section 156 StPO.

What happens if I am not cautioned? +

A missing caution generally renders the testimony inadmissible. The defence can challenge the testimony as evidence.

Can I testify anonymously? +

In cases of particular endangerment protective measures such as anonymous examination or audiovisual transmission come into consideration. They must regularly be applied for.

What penalty applies for false testimony? +

Intentionally false sworn testimony under section 288 StGB is punishable. The penalty extends to multi-year custodial sentences. A separate post is devoted to this topic.

Related topics

You might also be interested in

False sworn testimony under section 288 StGB

Criminal liability and defence in case of false testimony in court.

Statement before the police and the court

Rights and duties during the examination in criminal proceedings.

Topics
witnessrefusal of testimonysection 156 StPOsection 157 StPOprofessional secrecyduty of caution

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