Zeugnisverweigerungsrecht
in der Sozialen Arbeit

Social problem

Currently, the Code of Criminal Procedure (§ 53) in Germany does not grant the entire professional group of social workers the right to refuse to testify, even though they work in the same areas as, for example, lawyers and psychotherapists. The emotional and structural causes of delinquent behavior in children and young people are worked on in the intensive pedagogical support for upbringing.

The relationship of trust required for this is not structurally guaranteed due to the lack of a right to refuse to give evidence. As a result, the pedagogical work, both for the specialists and the young people, cannot take place in a legally secure framework.

“ (...) the number of suspects among children and young people has increased - predominantly these commit property crimes such as shoplifting, property damage, insults or minor physical injuries. But violent crime, which had been declining for many years, has also increased." 

BKA- President Holger Münch, 2023, 2023

Approach

The Rearrange advocates that the right to refuse to testify according to §53 StPO  is reformed to such an extent that the entire professional group of social work belongs to the group of protected professions.

Implementation

In 2014, the"Alliance for a right to refuse to give evidence in social work"was formed. The Alliance has been advocating to policymakers for nearly ten years through scientific debate and concrete proposals for action, so it is currently being discussed at the state and federal levels. More information can be found on the website: Zeugnis-verweigern.de