Witness money
The witness fee or, in Germany, the witness compensation is compensation that is paid when a person appears as a witness in court to help clarify a matter.
The witness fee is intended to cover the costs of the witness (travel expenses, lost work). The compensation of witnesses in Germany is based on the Judicial Remuneration and Compensation Act (JVEG). Its applicability results for civil proceedings from § 401 ZPO , for criminal proceedings from § 71 StPO , as well as for procedures according to the administrative court order from § 28 VwGO i. V. m. Section 401 ZPO.
According to § 19 JVEG, witnesses receive compensation for the following items:
ride costs
The reimbursement of travel expenses is based on § 5 JVEG. For the use of public transport, the expenses actually incurred will be reimbursed up to the amount of the corresponding costs for the use of the first carriage class on the railway, including the expenses for reserving seats and transporting the necessary luggage. A flat rate of € 0.25 per kilometer plus the expenses that are regularly incurred on the occasion of the trip will be reimbursed for travel in your own car or car provided free of charge. A renewed arrival and departure during an appointment will only be reimbursed if the costs are lower in relation to the costs that would cause staying at the appointment location.
Expense allowance
Insofar as a witness attends a court appointment in a community in which he neither lives nor works, he receives a daily allowance for the time of his appointment-related absence from his home and his main activity ( § 6 JVEG). This daily allowance is based on Section 4 Paragraph 5 Clause 1 No. 5 Clause 2 i. V. m. Section 9 Paragraph 4a Sentence 3 No. 3 EStG . The flat rate is therefore 12 euros for an absence of more than eight hours without an overnight stay and 24 euros for an absence of 24 hours. The flat rate for the day of arrival and departure is 12 euros if you have to stay overnight. Accommodation costs are reimbursed in accordance with the provisions of the Federal Travel Expenses Act (BRKG). According to Section 7 (1) BRKG, a flat rate of € 20 is reimbursed for accommodation costs. Higher accommodation costs will only be reimbursed if they are necessary.
Compensation for loss of earnings
According to § 22 JVEG, witnesses receive compensation for loss of earnings. The amount of this compensation is based on the regular gross earnings including the social security contributions to be borne by the employer. However, this compensation does not exceed € 21 per hour and is limited to 10 hours a day.
Compensation for disadvantages in housekeeping
According to § 21 JVEG, witnesses who run a household for several people, if they are not gainfully employed or if they are employed part-time and are called to witness outside of their agreed regular daily working hours, receive compensation of € 14 per hour. For part-time employees, a maximum of 10 hours per day minus the regular daily working hours are compensated. As far as the costs of a necessary representation for the housekeeping of the witness have been reimbursed, the compensation for disadvantages in the housekeeping does not apply.
Compensation for missing time
If a witness receives neither compensation for loss of earnings nor for disadvantages in housekeeping, he will be reimbursed a lump sum of € 3.50 per hour for his time missed, unless it is evident that he has actually not suffered any disadvantage.
Compensation for other expenses
Insofar as the witness had other necessary expenses in connection with attending a court hearing, these will be reimbursed in accordance with § 7 JVEG. This includes, in particular, expenses for necessary representations and accompanying persons. Copies, printouts and the provision of electronic files are also eligible for reimbursement. However, this only applies to photocopies and printouts from official and court files, insofar as their production was necessary for the proper preparation or processing of the matter, as well as to photocopies and additional printouts made at the request of the agency involved.
