ADVICE FOR VICTIMS AND WITNESSES OF CRIME
Advice for victims and witnesses of crimes who will be testifying before law enforcement authorities:
When giving a witness statement, always testify truthfully, i.e. tell everything that happened with all the details you can remember. It is your duty to tell the truth before law enforcement.
Listen carefully to the questions asked and answer only when the whole question is asked.
Do not rush to answer the question. Think about your answer calmly.
Answer each question calmly and slowly, in simple and concise sentences.
Don't be afraid to say everything you can think of during the interview with all the details. Any information you share may be important to finding out what really happened. If you need to use less polite words during your statement to convey exactly what happened, it's perfectly fine to use them.
Answer only what you are asked. Don't ask people who ask you questions for more information about people or things you don't know.
Do not answer the questions until you fully understand them. In response to such a question, calmly say: "I'm sorry, but I don't understand the question, could you please repeat it or phrase it differently?"
If you do not know the answer to the question, say "I don't know". Don't make up an answer just to comply. Remember that your job is to describe what actually happened.
If someone asks the same question again that you've already answered, try to answer the same way you did the first time. You can also say that you have already answered the question asked.
It is normal not to be able to remember all the details about the crime at once. If this happens, try to remain calm and answer "I don't remember that." Forgetting experiences that happened in the past is a natural process in the memory of each of us. This can be due not only to the time that has passed since the crime was committed, as you may sometimes be asked to testify about an event that happened a long time ago, but also to discomfort caused by an extreme experience.
It's normal to feel scared, nervous or even want to cry. Giving a witness statement is an experience that can evoke such feelings. Talking about a crime or answering questions about what happened or what you saw is uncomfortable. It makes you remember bad things you'd rather forget, or erased from memory. One of your possible reactions is to feel like crying. Don't be ashamed of it. Such a reaction is understandable for most professionals, as other people who are in a similar situation to you react similarly.
If you are tired, ask for a break, go to the bathroom and drink water. Take a deep breath.
Don't be afraid of the criminal and don't let his presence in the courtroom upset you. Do not look in the direction where the offender is sitting. Always look only at the person asking you the questions. If you would prefer to testify in the absence of the offender, ask the court in advance in writing to allow you to testify in the absence of the offender. The court may grant your request, in which case the offender will be waiting outside the courtroom at the time of your statement.
Remember, you are not charged with anything. You did not commit the crime. The one who is tried in court is the perpetrator of the crime. Your role in a criminal trial is to work with law enforcement and help them gather information that will enable the court to make a correct and fair decision.
As part of the main trial, it happens that words or questions will be heard that will make you uncomfortable, because they will question what happened to you, what you experienced. Acknowledge and realize that such a course of action can be part of a defense strategy. Stay calm and don't let such questions upset you.
Remember that you are not responsible for the court's decision. Your task is to describe the circumstances that you perceived during the crime. The decision about the guilt or innocence of the offender will be made by the court, not you.
After you have given your witness statement at the trial, it is up to you whether you decide to stay in the courtroom and watch the proceedings or leave the courtroom. However, remember that you cannot discuss what you have testified in court with witnesses who have not yet testified.
After all the evidence has been presented as part of the proceedings before the court, the judge announces his decision, or will announce the date when the decision will be handed down. In that case, you can come to the court again to hear the final decision on the case, but it is not your responsibility, it is up to you.
If the offender is acquitted, this does not mean that the judge does not believe your testimony. A decision acquitting the offender means that during the entire criminal proceedings, not enough evidence was collected on the basis of which the court would be convinced of the offender's guilt beyond any doubt. However, this is definitely not your fault.
If anyone tries to threaten you, insult you or physically harm you after you have given a witness statement, immediately report such actions to the Police of the Czech Republic.
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