Frequently Asked Questions About Testifying in a Trial and About the Arrival in Court
On this page we have compiled frequently asked questions about testifying and about the arrival in court.
A summons to testify
The witness’s hearing is used to determine what has happened in a criminal or civil case.
By providing your information and answering questions from the parties to you, you help the parties get a fair, informed decision.
Not if you are a witness called by the prosecutor in a criminal case. The investigation of a crime is very important for the legal protection of both the victim and the accused, which is why it is a citizen’s duty to testify. However, by way of exception, a close relative of a party may refuse to testify.
Sometimes in a criminal case, one of the parties may call you to testify for themselves. In civil cases, witnesses are always called by the parties. In these cases, you can usually discuss the matter with the party that asks you to testify. However, if the party considers that your testimony may be important, it may ask the court to order you to testify, even if you object to it.
Giving evidence in person is a strong rule. However, under certain conditions, a witness may be heard by telephone or video-link if it is exceptionally difficult to travel to the court, for example due to a long distance, and there are no compelling reasons to require the witness to be present in person at the court.
Contact the court (contact details in the summons letter) or the legal counsel of the party who is calling you to testify to clarify this possibility.
As a witness, you should disclose your information and answer the questions you have been asked as well as you know and remember.
Your responsibility consists of two guidelines:- Tell the truth
- Don't hide anything.
When you tell honestly what you know and what you don‘t know or don’t remember, you've done your part.
It is important to remember that the outcome of the case is not the responsibility of the witness; the court is responsible for the correctness of the judgment. The parties to the case, the prosecutor and the police are responsible for identifying and bringing the relevant facts to the attention of the court.
It is very understandable that testifying can make you anxious. Typical factors that cause anxiousness may include, for example, a new and strange situation, encounters with other parties and possibly one’s own performance.
In addition, you can contact the district court secretary handling the case (the court’s contact details in the summons letter, be prepared to provide the case number of the case when you contact the court), the lawyer of the party that called you or the witness support of Victim Support Finland for further information.
No. In the case of a dispute, you are called by one of the parties. In this case, you will not receive a separate summons or other letter from the court.
Exceptions may include situations in which:
- a party has not known how to reach you or has not reached you despite attempts;
- at the request of a party, you have objected to giving evidence, but the party has asked the court to order you to testify.
In these cases, the court will usually summon you to the court.
Yes, they will. The parties have the right to know who will testify in their case.
If you have concerns about your personal safety, contact the court. Anonymous testimony may be possible in certain serious criminal cases (see Fear and intimidation).
Schedule, changes and cancellations
If you cannot appear to testify, contact the court as soon as possible. Acceptable reasons include:
- Interruption in public transport;
- Illness. A medical certificate is required;
- Another reason why participation is impossible (impediments related to work or vacation are generally not valid reasons).
In the event of absence, the trial is usually postponed. You will be summoned to a new hearing together with the other parties.
Yes, it can change. About one third of all first hearings in criminal matters have to be postponed. It is often the case that the defendant or other interested party does not appear.
We'll inform about the change as soon as possible. Unfortunately, the need to postpone a hearing often arises at the last minute or even on the same day.
Hearings in civil cases need to be postponed less often.
Cancellation is possible. This may happen, for example, if the accused confesses in a criminal case or if the parties to the dispute reach a settlement.
Even in these cases, the role of a witness is not superfluous. Often the witness's mere readiness to testify has contributed to the resolution of the matter before the court hearing.
Parties and participants
The parties to the criminal proceedings (parties) are the injured party and the defendant. The prosecutor is not called a party.
The parties to the dispute are the plaintiff and the respondent.
The witness is not a party.
The injured party is equal to the victim of the offence.
The term means that the person or entity in question is entitled to the rights (for example, property rights or personal integrity) violated by the offence.
In a criminal case, the accused is the defendant. The term means that the person concerned will answer the charges against him or her.
In the case of a dispute, the respondent is the party answering the claims made against him, that is to say, the action.
Fear and intimidation
Giving evidence by international standards is very safe in Finland.
However, threatening a witness is a crime and it can and must be reported to the police. You can also contact the court.
In certain serious criminal cases, it may be possible to testify anonymously.
Anonymous testifying is possible in certain serious criminal cases (e.g. intentional homicides, aggravated narcotics offences, aggravated rape, trafficking in human beings and aggravated mating) if the life or health of the witness or his or her relatives is seriously threatened.
If you are testifying in a case like this and feel threatened, contact the court (contact details in the letter of invitation, be prepared to give the case number).
In other cases, other means may be used to facilitate the situation of giving evidence (see below).
Yes, we can do something about that. Various measures may be taken to facilitate the situation of giving evidence. Such activities include testifying from another room and arranging a screen in the court room to prevent visual contact.
If you wish to take steps to facilitate the testifying situation, contact the court (contact details in the summons letter, be prepared to provide the case number) or the legal counsel of the party who called you.
If you are late, when you arrive at the court, you can go right in front of the court room mentioned in the summons and knock on the door. You will be admitted immediately, or you will receive further instructions from the judge.
There is the composition of the court, the prosecutor in criminal matters and, in most cases, the parties to the case with representatives, if any. Sometimes a district court secretary is also present.
Sometimes friends or relatives of the parties may be present as audience.
Other people, such as students, journalists or ordinary citizens, may also be present as audience. As a rule, court hearings are public unless, for a special reason, they are ordered to be held behind closed doors.
When you have been called into the court room, you will enter the court room, where you will first verify your identity and only then give the witness's affirmation, and then the court chair will point you to the place reserved for the witness.
The hearing often begins when the prosecutor or the party who appointed you asks you to share your memories in your own words. Further questions are often asked afterwards.
The other party may then ask the witness his own questions. This is called a counter-hearing.
After that, the judge may also ask questions to the witness.
When no one has any more questions, the hearing ends.
Finally, you will be asked about your compensation claim.
This is largely about dramatisation and also about differences in legal cultures. In Finland, the situation is typically calm and appropriate.
Ultimately, the chairperson of the court will see to it that the witness is treated with respect.
Reimbursement to the witness and compensation
This depends on who pays your reimbursement. As a rule, your reimbursement will be paid by whoever called you.
The reimbursement is paid by the state to the witness called by the prosecutor. In addition, the state pays compensation to a witness appointed by a party receiving legal aid (both criminal and civil cases).
The maximum amounts laid down for compensation from state funds can be found here .
The remuneration of witnesses summoned by a party shall normally be paid by that party.
As a witness summoned by a party, you can determine your compensation claim more freely and, if you wish, in consultation with the party that called you. The above method of calculating loss of earnings may serve as a good basis, but if you wish, you have the right to ask for more.
When determining the compensation claim, you can take into account, for example, the time spent preparing and giving evidence, as well as other inconveniences and costs incurred by you.
If you receive monthly pay, divide your net monthly pay (amount paid to your account after tax) by 21.5 (working days on average per month) and then by the length of your working day (e.g. 8 hours)
- For example: 2450/21.5/8 = 14.25 €/h
If you are absent from work for 3 hours due to giving evidence and your employer withholds your salary for that period, your financial loss to be compensated is 3 x 14.25 = EUR 42.75.
After giving evidence
This helps to determine whether the witness's testimony is consistent, that is, how reliable the witness's testimony can be.
In most cases, this is not about not trusting you as a person. Instead, this can be used to test the accuracy of your memories, especially if a long time has elapsed since the events.
A question that seems strange may typically be based on:
- the person asking the questions intends to clarify what you know because he or she does not know what you know, or
- any other relevant matter important to the party, but not necessarily directly related to you.
Even if you do not understand the purpose of the question, the best way to act is to answer it honestly. If you don't know about it, you can say so. You don't have to guess.
If you think the question is manifestly inappropriate, you can ask the judge if you need to answer.
When hearing a witness, the parties may hear things that they have not previously known or on which they have a strong view. As a result, they may sometimes react even strongly when hearing a witness.
As a witness, the best way to act is always to tell what you know honestly. If the reaction of the parties disturbs you, the situation may be alleviated if you direct your testimony to the judge.
It is very likely that you won’t come in contact with the case in the future.
Only a small proportion of all cases end up in the court of appeal, and even then the witnesses are rarely questioned again.
Thank you for your contribution!
Published 15.5.2024