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Witness compensation; application

Witnesses summoned by the court or the public prosecutor's office are entitled to compensation for loss of earnings and reimbursement of expenses.

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Procedure details

All witnesses summoned by the court or the public prosecutor's office are entitled to compensation. Among other things, the witness can demand

  • The necessary travel costs.
    • In the case of public transport, these are the costs for the journey (up to the cost of using the first class of the train), the seat reservation and, if applicable, the transportation of necessary luggage;
    • If the journey is made in your own vehicle or in a vehicle provided free of charge by a third party, EUR 0.35 will be paid for each kilometer driven on the outward and return journeys; cash expenses regularly incurred, in particular parking fees, will also be reimbursed;
    • If the witness travels in a rented vehicle, expenses shall be reimbursed up to the amount of the aforementioned travel costs as well as cash expenses incurred (in particular parking fees) insofar as they are to be borne by the witness;
    • Higher travel costs will only be reimbursed if this saves additional compensation or if higher travel costs are necessary due to special circumstances.
  • Loss of earnings.
    • A maximum limit of 25 euros per hour of missed working time applies here.
    • Anyone who is not gainfully employed and does not earn an income, but runs their own household for several people (housewives, househusbands), receives 17 euros per hour; this also applies to part-time employees who are called in outside the agreed regular daily working hours.
    • Anyone who neither suffers a loss of earnings nor receives compensation for the disadvantages of running a household will receive compensation for lost time of 4 euros per hour, unless it is clear that the witness has suffered no disadvantage as a result of being called in.
    • Compensation is generally paid for a maximum of 10 hours per day.
  • A time-related daily allowance if the appointment takes place neither at the place of residence nor at the place of work of the witness.
  • An overnight allowance if an overnight stay away from home is necessary.
  • Other expenses, insofar as they are necessary. These may include, for example, the costs of necessary deputies or necessary accompanying persons.

If a witness incurs considerable expenses, an appropriate advance will be granted upon application.

As a witness, you must submit a corresponding application to the body that called you as a witness within three months of the hearing. Otherwise your claim will expire.

  • Criminal proceedings; witness support
    Witness support offices are available as contact persons for witnesses in criminal proceedings at all Bavarian district and regional courts.
  • Witness in court; summons
    A summons to appear as a witness must always be complied with. Failure to do so or a groundless refusal to testify can have serious consequences.
Status: 05.03.2025
Editorial responsibility Bayerisches Staatsministerium der Justiz
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