Der Auslandszeuge im Strafprozess

As a result of a general trend towards globalization in all areas of life, parties to criminal proceedings might be confronted with difficult legal as well as practical questions related to witnesses living abroad: When is he or she available for a trial in Germany and how can evidence be obtained? How does transnational cooperation in criminal proceedings work? Under which circumstances does obtaining evidence comply with the right to examine or have examined witnesses according to Art. 6 § 3 (d) ECHR? How should a request to examine additional witnesses abroad be handled? The autor examines these and other pressing legal questions based on the conviction that, regardless of international aspects, criminal proceedings need to be fair and defense rights need to be effective, while it also is legitimate to take into account the interests in simplifying and speeding up procedures as well as preventing an abuse of rights.