Section 247a Order for witness examination via audio-visual means (1) If there is an imminent risk of serious detriment to the well-being of the witness
were he to be examined in the presence of those attending the main hearing, the
court may order that the witness remain in another place during the examination;
such an order shall also be admissible under the conditions of section 251 (2)
insofar as this is necessary to establish the truth. The decision shall not be
contestable. Simultaneous audio-visual transmission of the testimony shall be
provided in the courtroom. The testimony shall be recorded if there is a concern that
the witness will not be available for examination at a future main hearing and the
recording is necessary to establish the truth. Section 58a (2) shall apply accordingly.
(2) The court may order that the examination of an expert be conducted in such a
manner that the expert is located somewhere other than the court and the
examination is simultaneously transmitted audio-visually to the place where the
expert is located and to the courtroom. This shall not apply in the cases under
section 246a. The decision pursuant to sentence 1 shall not be contestable.
Section 248 Discharge of witnesses and experts Witnesses and experts who have been examined may absent themselves from the
court with permission or upon instruction of the presiding judge. The public
prosecution office and the defendant shall first be heard.
Section 249 Furnishing of documentary evidence by reading out of documents; taking cognisance of wording of documents (1) Documents are to be read out at the main hearing for the purpose of the taking
of evidence as to their content. Electronic documents shall be deemed to be
documents provided that they can be read out.
(2) Except in the cases under sections 253 and 254, the reading out may be
dispensed with if the judges and the lay judges have taken cognisance themselves
of the wording of the document and the other parties have had the opportunity to do
so. If the public prosecutor, the defendant or defence counsel objects without delay
to the presiding judge’s order to proceed in accordance with sentence 1, the court
shall decide. A
record shall be made of the presiding judge’s order, the findings as
to cognisance and opportunity, and of the objection.