Compensation for witnesses and experts
The compensation of witnesses and experts represents a significant part of procedural law. It covers the financial remuneration and reimbursement of expenses for individuals who are called upon in the context of a court or administrative proceeding to provide witness statements or expert opinions. The compensation ensures the participation in proceedings and creates incentives for truthful and proper cooperation.
Legal basis for compensation
Statutory provisions
The amount and eligibility requirements for the compensation of witnesses and experts in Germany are primarily governed by the Judicial Remuneration and Compensation Act (JVEG). For proceedings before civil, criminal, administrative, social, and fiscal courts, the JVEG is decisive. Special procedural laws, such as the Code of Criminal Procedure (StPO) or the Code of Civil Procedure (ZPO), contain supplementary references.
Persons entitled to claim
In particular, the following have a claim to compensation
- witnesses, who have been summoned and are obliged to testify,
- experts, who, on behalf of the court or an authority, provide an expert opinion or are required to appear to orally explain their written report,
- interpreters and translators under certain conditions.
Scope and types of compensation
Basic distinction
A distinction is generally made between compensation for loss of time, reimbursement of expenses, compensation for disadvantages incurred, and remuneration for expert activities.
Compensation categories for witnesses
1. Compensation for loss of earnings Witnesses receive compensation for lost earnings caused by attending a court hearing (§ 20 JVEG). The amount is based on the average gross earnings and is subject to statutory maximum amounts.2. Reimbursement of necessary expenses This includes travel costs, additional meal allowances, costs for necessary overnight stays, as well as other expenses caused by the summons (§§ 5 et seq. JVEG).3. Loss of time If no loss of earnings is proven, a flat-rate compensation for loss of time is granted (§ 20 paragraph 2 JVEG).
Compensation and remuneration for experts
1. Remuneration for expert work Experts are entitled to remuneration for their work. The amount depends on the time spent and the type of expert activity performed (§§ 8 et seq. JVEG). The law differentiates between various activity groups and provides for different hourly rates.2. Reimbursement of expenses Experts are also entitled to reimbursement of their necessary expenses, such as travel, postage, materials, or laboratory tests (§ 7 JVEG).3. Advance payments To ensure proper execution, an advance on the expected remuneration can be paid (§ 9 JVEG).
Procedure for claiming compensation
Application process
The right to compensation must be asserted by submitting an application to the authority that issued the summons (§ 2 JVEG). The application must be filed within three months after the conclusion of the activity (§ 2 paragraph 1 sentence 2 JVEG).
Obligations of proof and cooperation
To establish eligibility, evidence of lost earnings as well as proof of expenses must be provided. In particular, loss of earnings must be documented by employer certificates or other relevant proof.
Special features and exceptions
Rejection and reduction of compensation
If proof is not provided or is insufficient, compensation may be wholly or partially denied. A reduction or denial is also possible if the statement or expert opinion is refused or if the person is late without excuse.
Tax liability of compensation
The compensation and remuneration paid are subject to income tax. The tax status depends on whether it is actual loss of earnings or additional income. The personal tax return is decisive in this regard.
Relevance and purpose of compensation
Compensation serves two main functions: On the one hand, it enables witnesses and experts to participate in the interests of a functioning judicial system, often accepting professional or private disadvantages. On the other hand, it guarantees a certain level of social security and prevents financial disadvantages due to participation in proceedings.
International context
Comparable systems of witness and expert compensation exist in other countries. While in large parts of Europe compensation is provided according to principles similar to those in Germany, the scope and structure of regulations in other legal systems, such as the Anglo-Saxon area, may differ. There is currently no unified regulation within the European Union.
Further literature and web links
- Judicial Remuneration and Compensation Act (JVEG)
- Code of Criminal Procedure (StPO)
- Code of Civil Procedure (ZPO)
- Federal Ministry of Justice: JVEG text version
Note: This article provides a comprehensive overview of the legal framework and practical implementation of compensation for witnesses and experts in Germany and serves as a solid foundation for further research and applications.
Frequently Asked Questions
How is the compensation for witnesses calculated?
The compensation for witnesses in Germany is determined by the Judicial Remuneration and Compensation Act (JVEG). Witnesses receive reimbursement for lost earnings, flat-rate compensation for loss of time, travel expenses, and, if applicable, an additional allowance for meals and overnight stays, to the extent that these are necessitated by court appearance. The amount of loss of earnings is calculated on the basis of actual gross pay lost, but capped at a maximum of 29 euros per hour (as of June 2024). Self-employed persons can claim plausibly substantiated lost earnings up to a maximum limit. Travel expenses are reimbursed according to actual costs for public transport or—when using a private car—at 0.42 euros per kilometer. Necessary overnight and meal costs are also reimbursable upon presentation of appropriate receipts, although certain maximum limits apply. Compensation must be requested and applied for within three months after giving testimony.
What proof must witnesses provide for compensation?
Witnesses must generally provide proof of the loss of earnings suffered, for example, through an employer’s certificate or similar documents. For self-employed persons, an affidavit explaining the loss of earnings is usually sufficient, with additional documents such as business analyses or tax notices being helpful. For travel expenses, the means of transport used must generally be indicated; for private cars, a precise statement of the kilometers driven for the round trip suffices. For overnight and meal costs, the relevant receipts must be submitted. If this documentation is incomplete or not plausible, the claim for compensation may be partially or entirely denied.
How is the compensation of experts different from that of witnesses?
Unlike for witnesses, compensation for experts is expressly regulated based on effort and performance. They receive remuneration (not just compensation) for their services rendered. The amount of this remuneration is based on the legal fee tables of the JVEG, taking into account the time spent, any materials costs incurred, and special services such as hearings or site inspections. The hourly rate varies by field and ranges from €65 to over €100 per hour (depending on qualifications and the complexity of the expert opinion). Experts are also entitled to reimbursement of necessary outlays such as travel or accommodation costs. As a rule, an advance payment is made initially; final settlement is made upon submission of the report and a detailed invoice.
Are there deadlines for applying for compensation?
Both groups, i.e., witnesses and experts, are subject to a mandatory three-month application deadline from the day of the respective court or authority appointment. If the application is not submitted within this period, the claim expires in accordance with § 2 (1) JVEG. Observing the deadline is mandatory; late applications are generally rejected—regardless of the reason for the delay. For minors or persons without legal capacity, the period begins when the legal representative becomes aware. Compliance with the deadline should always be documented.
In which cases can compensation only be claimed partially or not at all?
Full or partial denial of compensation may occur if the witness or expert fails to comply with the summons without sufficient reason, is late, or seriously breaches an obligation, for example, by knowingly giving false information regarding lost earnings. In cases of self-inflicted missed appointments, only the actual costs incurred may be covered or fixed-rate compensations reduced. The extent of the reduction depends on the circumstances of the individual case and on the degree of contributory negligence established.
How does a summons for several days affect compensation?
If a witness or expert is summoned over several days, claims for additional meal allowances and overnight accommodation costs increase in addition to the compensation for the time involved. A fixed daily allowance (so-called per diem) is paid for each full calendar day. For experts, the remuneration claim may also increase in proportion to the time expended. It is important that longer stays are only compensated if they are demonstrably required by court appointments. In principle, returning home between hearing days is considered reasonable, unless this would be unreasonable or uneconomical.
Are witnesses and experts insured during their assignment?
During their assignment before a court or authority, witnesses and experts are covered by statutory accident insurance, provided that an accident occurs on the way to the appointment or as a result of related activities. Insurance coverage extends to the direct route to and from the venue as well as to participation in the hearing itself. Damage to private property or purely financial losses, however, are not covered by the statutory insurance. Only personal injuries may be claimed, provided a verifiable link to the appointment exists. For self-employed experts, independent professional liability insurance is recommended.
