Compensation to the witness

Posted by Ahsan on January 18th, 2021

The president of the court asks the witness if he is claiming compensation. The orthopedic expert witness  should be prepared to provide a receipt or other statement of the costs incurred by him.

If a witness has been appointed by the public prosecutor or the party to whom legal aid has been granted, the witness paid by the state following koru-auk-set:

 Travel expenses according to the price of the cheapest vehicle (bus, train).

  Financial loss (for example, lost wages, extra childcare costs) on a net basis, because the compensation paid by the state is tax-free income for the recipient. A witness or other written statement about the salary, etc. should be brought with him or her. However, there is a ceiling of EUR 80 per day for compensation from state resources.

Subsistence allowance, the amount of which depends on the time spent in court and travel. In 2020, the daily allowance will be 43 euros per travel day (full-time allowance). If the trip lasts no more than 8 hours, a part-time allowance of EUR 20 will be paid in 2020. The journey shall be deemed to begin when the person entitled to compensation leaves his place of residence and arrives for a hearing without delay and ends when he arrives at his place of residence without delay after the end of his hearing.

 If the witness is so far away that he or she has to spend the night on the way, he or she will also be reimbursed for the reasonable costs of the stay.

A witness is also entitled to the above-mentioned compensation from state funds when he or she has been heard by telephone or video conference - provided that he or she has incurred costs.

Compensation from state funds is usually paid retrospectively to the account of the witness. To secure payment, the witness must provide the court with his or her bank contact information.

If a witness is summoned by a private party who has not been granted legal aid, he or she will pay the witness any future compensation. A witness can make his or her own claim in court. The court shall decide on the amount of compensation after consulting the party concerned.

The witness may also request advance reimbursement of his travel expenses. In some cases, he is also entitled to a daily subsistence allowance and reimbursement of accommodation expenses in advance. A witness appointed by the public prosecutor may request an advance from the police station of his or her place of residence. A witness called by a private party may request an advance from that party.

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