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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

Individual evidence

  1. ^ Michael Heghmanns : Criminal law for all semesters: Special part Springer-Verlag 2009, p. 530. ISBN 978-3-540-85313-8
  2. Klaus Habschick: Successful hearing: Competence in communication, discussion and interrogation practice C.F. Müller Verlag Heidelberg, 3rd revised and expanded edition 2012, p. 335
  3. cf. for example OLG Düsseldorf, judgment of March 6, 2006 - Az. I-1 U 171/05 marginal no. 61
  4. Thomas Pfeiffer: The evidence in civil proceedings without a year, p. 7