Bombshell
In the legal language, a witness is called a crack witness who cannot reproduce certain facts from his own visual perception, but infer certain facts from his mere acoustic perception.
The bang is only triggered by the noise of a process, e.g. B. the bang in a traffic accident draws attention to this process and is therefore not an eyewitness to what happened earlier. A robbery witness, for example, only turns around after a shot has been fired , but when he testifies later, he is nevertheless convinced that he saw the course of the attack himself.
The credibility concerns that exist against the testimony of a crack witness must be taken into account when judging evidence ( Section 286 ZPO , Section 261 StPO ).
See also
Web links
Wiktionary: Knallzeuge - explanations of meanings, word origins, synonyms, translations
- Dietmar Heubrock : Basics of memory psychology in the hearing of witnesses. To the benefit of neuroscientific findings for interrogation practice. Kriminalistik 2010, pp. 88–94
Individual evidence
- ^ Michael Heghmanns : Criminal law for all semesters: Special part Springer-Verlag 2009, p. 530. ISBN 978-3-540-85313-8
- ↑ Klaus Habschick: Successful hearing: Competence in communication, discussion and interrogation practice C.F. Müller Verlag Heidelberg, 3rd revised and expanded edition 2012, p. 335
- ↑ cf. for example OLG Düsseldorf, judgment of March 6, 2006 - Az. I-1 U 171/05 marginal no. 61
- ↑ Thomas Pfeiffer: The evidence in civil proceedings without a year, p. 7
