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by dx034 2200 days ago
Not just in Germany. US providers can also be forced to hand over data to be used in cases against others. It's just usually not done with a raid since providers will turn over data when asked.
1 comments

Just for context: This is relativly new in Germany. In 2017 there was a change which has as consequences

- witnesses _have to_ appear in person if requested (by police or DA)

- witnesses _have to_ make statements regarding the case at hand

This is quite a nice tool if you lack moral. You might request the suspect to appear as a witness and try to leverage the new requirements to make the suspect reveal damaging information.

Maybe this was the reason that Germany was mentioned before.

>This is quite a nice tool if you lack moral. You might request the suspect to appear as a witness and try to leverage the new requirements to make the suspect reveal damaging information.

Germany doesn't have protections against self-incrimination? Or does this rely on the suspect being too cooperative for his own good?

Germany does have such protection. Parent was probably wildly speculating:

https://de.m.wikipedia.org/wiki/Auskunftsverweigerungsrecht

I think you meant to link to https://de.m.wikipedia.org/wiki/Aussageverweigerungsrecht . Auskunftsverweigerungsrecht, according to the article, is a right of witnesses.
We were talking about the rights of witnesses?
I was referring to this question by the grandparent which I read as being about a suspect's (not a witness's) rights:

> Germany doesn't have protections against self-incrimination?

Do you have a source for that and/or an article where they elaborate on the implications of those changes?