When taking an oath , a person takes an oath . On the other hand, an oath is used when people are generally “insured by oath” statements and reports. The use of language is inconsistent. For a solemn swearing-in is Austrian parlance the term swearing , also in Switzerland Anlobung used.
Group of people
The following are usually sworn in (with an oath formula appropriate to the circumstances ):
- the holders of political offices, in some countries even all civil servants
- Members of the police and the military (see below)
- possibly the witnesses in a court case
- in some countries all persons who acquire citizenship of the country concerned, e.g. B. in the USA
- Interpreters and translators
As a rule , the witness can not defend himself against being sworn in in court . Objections that could kinship / affinity for the accused or a party or a previous conviction for perjury to be. Furthermore, a witness who states that he does not want to take an oath for reasons of faith or conscience must instead confirm the truth of his testimony according to StPO . This affirmation is equivalent to the oath.
The unjustified refusal to take the oath or affirmation can be punished with administrative measures.
Depending on the state and the occasion of the swearing-in (judicial swearing-in of witnesses, experts, lay judges or the official oath of heads of state, government members, representatives, civil servants, soldiers, etc.), different, often legally established formulas are used.
In German-speaking countries, it is usually possible to take the oath with or without religious affirmation or to replace the oath with another form of affirmation that is legally equivalent to the oath.
In the military
The soldiers of most countries place an oath to defend their country and the commands to obey their superiors. In the military of the democratic states , the oath usually also includes commitments to the constitutional order and the rule of law .
For the details see:
- Swearing-in and pledge by soldiers of the Bundeswehr in Germany
- Swearing in in the Austrian Armed Forces
- Swearing in in the Swiss Army