What's stopping me from being under oath?
396 / AB
Members of the National Council Mag. Terezija Stoisits, friends
have sent me a written request regarding the swearing-in of witnesses, judicial
and asked the following questions:
"1. Do you consider the legal possibility of swearing in witnesses to be necessary?
2. Keep it contemporary in a secular constitutional state, witnesses
To swear to '' God Almighty ''?
3. In your opinion, is the (possible) compulsion to take a religious egg
des compatible with freedom of belief and conscience, according to which no one is allowed to
may be forced into a religious act?
4. Stick to the basic principles of a democratic constitutional state
compatible that the religious oath threatens God's punishment?
5. If you answered '' no '' to any of questions 1 to 5, you intend
You a repeal or reform of the oath law?
a) If so, when and in what form should the law of oath be reformed or
To get picked up?
b) If not, you want the 1868 oath law at the beginning as well
of the third millennium is used in Austria?
6. If you answered '' yes '' to one of the questions 1 to 5, please give reasons
please answer (s).
7. Are there studies and statistics on how often and in what form associations
testimony of witnesses?
a) If so, please provide the results of the investigation.
b) If not, it would not make sense to order such an examination-
I answer these questions as follows:
For 1 to 6:
Without a doubt, not only the content, but also the practical
taking the judicial oath since the oath law of 1868 came into force
greatly changed. In particular, when taking an oath is hardly any more today
felt its sacred character; rather, the oath (not least also
through the possibility of replacing it with a handshake)
to a purely procedural evidence, which by the judicial criminal offense
status of Section 288, Paragraph 2 of the Criminal Code is '' secured ''. The oath taken in a lawsuit
is thus a kind of truth seal with which a statement of evidence or a party
statement is reinforced and should gain weight as a result, especially since this is too
Remaining penalty significantly increased compared to a '' simple '' false statement
With regard to the application of the oath law in Austria, it should be noted that
that the swearing-in of witnesses in criminal proceedings with the criminal process adjustment
law of 1974 became an exception (Section 247, Paragraph 2 of the Code of Criminal Procedure). The then President
of the Commercial Court of Vienna and later President of the Higher Regional Court Dr. Felix Sin-
As a well-known representative of the practice, zinger already had in 1973
stated in an article in the Austrian legal journal that in the
For the last few decades the appellate courts have hardly dealt with the question of taking an oath
were brought before the court, which he said on the changes in the religious
the following practice of the courts - a practice linked to the oath
use them sparingly and do not force anyone to use words and forms when taking the oath.
to use opportunities that correspond to his religious or ideological
contradict: the oath formula of the oath is fundamentally
law and the formalities provided therein; when the
Those who swore against it, however, dropped the invocation of God and the oath
in front of the cross and candles or on the Torah; with non-believers one is content with
a handshake and the formula: '' I swear a pure oath that ... ''.
Probably also in view of this widely changed practice, the has changed over the years
1974 to 1983 working group for fundamental issues in the Federal Ministry of Justice
a renewal of the law of criminal procedure in this sense for an abolition
function of the sworn as such.
With a possible abolition of the oath, however, the question would be whether it
judicial proceedings (still) under certain conditions a form of
solemn confirmation of statements - and an associated increased criminal
threat for false statements made under such circumstances - should give, yet
A look beyond the limits to the question of a particular affirmation of a statement
shows that, for example, in Germany witnesses in principle (with or without religious
positive affirmation) or take an affirmation equivalent to an oath
must, provided that a swearing-in is not inadmissible or is waived.
A false statement made under oath or affirmation of the truth is also after
threatened with a higher penalty under the German Criminal Code than an unofficial
cal statement. Also in the proceedings before the European Court of Justice for
human rights is a swearing-in or solemn declaration before any testimony
With regard to legal developments in Austria, I would also like to point out that
in 1991 the oath of disclosure in execution proceedings and insolvency proceedings
through a list of assets to be signed without an affidavit
was replaced. Submitting an incorrect list of assets is then
still punishable by a court of law (Section 292a StGB), but is subject to a considerably low
ren penalty threat.
The Federal Ministry of Justice will raise the question of reforming the law of oath
taking into account the points of view shown in the gradual renewal
Include civil and criminal procedural regulations.
Statistics on the swearing-in of witnesses are not available. The implementation of a
In view of the disproportion between the
Workload - even in the case of a `` random '' examination, each
Because in particular the interrogation and negotiation protocols in several
a hundred court files can be looked through - and the informative value of such
Statistics not appropriate.
How many people according to the increased penalty rate of Section 288 (2) StGB (false statement
say under oath) is not included in the judicial crime statistics
instructed; these are published annually by the Austrian Central Statistical Office.
The statistics given only contain the total number of convictions for false claims
statement (§ 288).
- What is a basilica
- What's your favorite song these days
- How was your Diwali 2
- Is Ravish Kumar NDTV a traitor
- Jeremy Corbyn follows a religion
- What are some facts about Beethoven's sonatas
- How is garlic bread made
- What is the future of Narendra Modi
- Vijay Mallya sold his Indian property
- What are the lowest instincts of man
- How can I eat fenugreek seeds
- Why are friends wrong
- What made you move to Japan?
- Is it legal to download pornography
- Why are we frowning at suicide?
- What does the government fear
- Where was Julius Caesar killed
- Bring disease to US schools for immigrants
- How can I learn coding languages
- What is the subscription amount for LexisNexis
- What is extreme knitting
- How similar are Italian and Romanian
- Schools can take away freedom of speech
- What does the Greek word yaya mean