There are certain situations in which you, as a witness, have the right not to testify and you may refuse to answer certain questions.
Testimony against yourself or a family member
You have the right to refuse to testify against yourself or your family members, including fiancé or fiancée. If you are forced to testify against yourself or your family, it may violate your right to a fair trial or the right to family life.
example If you have been involved in the commission of a crime and you are, or may be accused of it, you can refuse to testify if the answers to the questions would force you to incriminate yourself. Similarly, you can refuse to testify if your answers would incriminate a family member.
Professional secrets
In addition, you cannot be forced to testify or to hand in your personal notes if you are either a member of the clergy, a defence lawyer, an interpreter, a journalist, a doctor or another person listed in the law. This prohibition only relates to the information which you have received while fulfilling your professional duties. For example:
- As a member of the clergy you can refuse to reveal information that you have found out during a confession.
- As a defence lawyer you cannot testify about information you have been entrusted with confidentially by your client.
- As an interpreter you cannot testify about information you found out while providing interpretation to ensure defence rights.
- As a journalist you can refuse to disclose the source of the information, excepting certain situations provided by the Law on freedom of expression or when the sources, themselves, wish to give statements.
- As a doctor you cannot testify about information on private life you found out while providing medical care.
Private life
Your right to a private life, which is a human right, also has to be protected while giving your testimony. The official who questions you cannot ask you to reveal details about your private life which are not justified and necessary for the case. If that happens during the pre-trial investigation, you should file a complaint to the prosecutor, the higher-ranking prosecutor and/or the investigative judge, depending on the official violated your right. If that happens in the courtroom, you should ask the court to strike out questions which you think are violating the secrecy of your private life.