4 ms·

In Germany is rule is simply that you are not required to do anything to actively help our own prosecution. They want to take your fingerprints? You don't need

In Germany is rule is simply that you are not required to do anything to actively help our own prosecution. They want to take your fingerprints? You don't need to help by lifting your arm. They want you to open a safe? No need to tell them the combination, through they will crack it open if you refuse. Same with encryption keys, you don't need to say anything. Telling the truth? As the accused you're allowed to lie in court however you want. If you do get sentenced you can get a reduced sentence if the court thinks that you've been cooperative. But you can never get punished simply for the fact that you didn't help with your own prosecution.

Cantbekhan 7y ago
Unrelated and commented on the dupe thread but there is a similar case going on in the EU right now that is set to be appealed at the European Court of Human Rights. Last week the highest court of Belgium ruled that passwords to IT systems were not covered by the right not to incriminate one-self. And they also ruled that you could be jailed for up to 3 years for refusing to provide said passwords. This was in the case of an alleged drug dealer refusing to unlock his iphone. There is no appeal left for him at the national level and he's now set to appeal the decision at the ECHR which if not overruled might finally set the precedent for the whole EU. This little story deserves some follow up imho.
supernova87a 7y ago
> As the accused you're allowed to lie in court however you want. Really? I'm interested to know how this works, and how it is not perjury.
- freddie_mercury 7y ago
  Lying is not illegal. Lying under oath is illegal. In Germany, judges rarely require witness to swear under oath. There also aren't juries in Germany. There also isn't cross-examination in Germany. The English way of law isn't the only way.
- skrause 7y ago
  In Germany only witnesses are required to tell the truth (even without oath), but not the ones accused of a crime.

Cantbekhan 7y ago

Unrelated and commented on the dupe thread but there is a similar case going on in the EU right now that is set to be appealed at the European Court of Human Rights. Last week the highest court of Belgium ruled that passwords to IT systems were not covered by the right not to incriminate one-self. And they also ruled that you could be jailed for up to 3 years for refusing to provide said passwords. This was in the case of an alleged drug dealer refusing to unlock his iphone. There is no appeal left for him at the national level and he's now set to appeal the decision at the ECHR which if not overruled might finally set the precedent for the whole EU. This little story deserves some follow up imho.

supernova87a 7y ago

> As the accused you're allowed to lie in court however you want. Really? I'm interested to know how this works, and how it is not perjury.

freddie_mercury 7y ago
Lying is not illegal. Lying under oath is illegal. In Germany, judges rarely require witness to swear under oath. There also aren't juries in Germany. There also isn't cross-examination in Germany. The English way of law isn't the only way.
skrause 7y ago
In Germany only witnesses are required to tell the truth (even without oath), but not the ones accused of a crime.