Testimonial evidence or witness statement consists of a witness or witnesses testifying before a judge or court about their knowledge of facts and circumstances that are related to the subject of the proceedings.
This is a means of personal evidence. unrelated to the subjects of the process, and the subjective knowledge that he or she has about the facts being judged. Its purpose is to contribute to the clarification of the criminal acts, as well as the identification of the alleged perpetrator.
It is regulated in articles 410 to 450 of the Criminal Procedure Act (LECrim).
Witness Statement
Testimonial evidence can be key in a trial as it helps corroborate women database or refute the statements of the accused.
Article 410 of the Criminal Procedure Act indicates that any person residing in Spain, who is not impeded, is obliged to appear when summoned by a court in order to testify as a witness .
We are all obliged to testify as a witness (if we have known the facts that are being tried, obviously), but article 411 LECrim lists a series of subjects who are exempt from testifying and article 412 LECrim lists who is exempt from appearing before a court, but this does not mean that they are exempt from testifying as a witness, as we will analyse later.
The general rule is that there is a duty to appear and a duty to testify as a witness.
What if I refuse to appear or testify as a witness?
Anyone who is required to appear, or who after having appeared refuses to testify, will be fined between 200 and 5,000 euros:
If the person persists in refusing to appear, he/she will be brought before the court and may be charged with the crime of obstruction of justice ( article 463.1 of the Criminal Code ).
If he appears but refuses to testify, he may be charged with the crime of disobedience to authority.
This is stated in article 420 of the Criminal Procedure Act.
Can a witness lie?
When testimonial evidence is being produced, witnesses must first take an oath or promise to tell everything they know about what they were asked. The judge warns them of their obligation to tell the truth and if they do not do so, they will incur the crime of false testimony ( article 458 of the Criminal Code).
Assessment of witness statements
The judge or court will evaluate the testimonial evidence according to the judge's sound judgment , that is, in accordance with the rules of reason, logic and the maxims of experience.
Exempted from the duty to declare
Article 411 of the Criminal Procedure Act contains an exception to the general rule of the duty to testify.
Thus, the following are exempt from declaring: the King, the Queen, their respective consorts, the Crown Prince and the Regents of the Kingdom.
Diplomatic Agents accredited in Spain and administrative, technical or service personnel of diplomatic missions, as well as their family members, are also exempt from the obligation to declare if they meet the requirements set out in the treaties.
But there are exceptions and we cannot be forced to testify in court in certain cases:
The defendant's relatives in a direct ascending or descending line, his/her spouse, siblings and blood relatives up to the second civil degree (article 416.1 LECrim). This exemption is based on family secrecy, so the right to tell the truth and the duty of fidelity to one's relative are not in conflict.
Those who have a duty to maintain confidentiality due to their position or profession, for example the lawyer of the accused.
The disabled.
Article 418 of the Criminal Procedure Act states: " No witness may be forced to testify about a question whose answer may cause material or moral harm in a direct and important way (...) "
Exempted from not attending the judicial summons
Article 412 of the LECrim lists the persons who are exempt from appearing before a court, but NOT from testifying, and may do so in writing.
They would be the other members of the royal family, the President of the Government and other members of the Government, presidents of Congress and the Senate, the President of the Constitutional Court, the President of the General Council of the Judiciary, the Attorney General of the State, the Presidents of the Autonomous Communities.