Product · 15 min read
Audiovisual interview of Witnesses and Suspects
Comprehensive solution for legally compliant audiovisual interview and documentation to protect all parties involved with Mangold's mobile recording technology
The solution for protecting all parties involved in legally compliant audiovisual interview and documentation.
Advantages of Audiovisual interview
Through the reproducibility of audiovisual interviews, repeated interviews can be avoided and all parties involved can be protected by demonstrating legal compliance.
Likewise, the duration of proceedings or trials can be reduced to a minimum.
Audiovisual interview documentation changes the nature and form of evidence interpretation possibilities and represents a technical breakthrough with regard to the digitization of criminal proceedings.
While the written interview protocol essentially only reproduces the wording of questions and answers, audiovisual interview is referred to as a “comprehensive documentation of reality”.
With details such as the tone of voice of those involved, interview duration, facial expressions and gestures, the interview situation is made repeatable in video documentation.
Note
The following citations from the German law serve only to illustrate exemplary requirements for the application of video interview. The reference to laws and regulations is made according to personal assessment and does not constitute legal advice in any way. This is exclusively reserved for recognized legal professionals. Legal changes or other circumstances may also render the content described here invalid.
Advantages of Video interview of Suspects
With the entry into force of § 136 Para. 4 StPO on January 1, 2020, the legislature created the basis for video interview of suspects to be carried out to a greater extent.
This results in the following advantages:
- The legal reasoning points out that a conventional written protocol can be subjectively filtered by the author, while video recording authentically reproduces the course of the interview.
- In addition, audiovisual documentation protects suspects and witnesses from improper or illegal interview.
- Video documentation also protects interview officers and other participants, as it provides secure proof of the correct procedure of everyone present.
- The recordings can also be advantageous for later main proceedings to prove whether statements were made or not made.
Advantages of Video interview of Witnesses
With the legal possibility of video interview, improvements in witness protection and victim protection arise in criminal proceedings interviews.
This results in the following advantages:
- There is no encounter with suspects.
- Often particularly stressful repeated interviews can be avoided.
- Timely and conclusive interview in the investigation procedure is easier to achieve.
- There are possibilities for inclusion of therapeutic support.
- A less stressful atmosphere for witnesses can be created than would be possible in the courtroom.
Disadvantages of Audiovisual interview
The interference with general personality rights can be considered a disadvantage of audiovisual interview. However, the legislature considers comprehensive and accurate truth-finding in the interest of suspects and victims to be more important. To still do justice to personality rights, such recordings are made on particularly secure systems that are intended to prevent unlawful use of the data.
Mangold’s Mobile Recording Technology
Simple, Intuitive, Interference-Free
Video interviews are sensitive processes that must be free from distraction and interference.
Simple setup, intuitive operation, and technical interference-free operation are essential aspects for a purposeful interview result.
The portable audiovisual interview system from Mangold is a mobile system solution with which video interviews can be carried out in compliance with legal requirements even outside special interview rooms.
For example, urgent initial interviews in the context of pursuit or search can be documented on-site in a court-admissible manner in word and image.
- All components of Mangold’s mobile interview system are contained in a stable, easily transportable rolling case and can be set up and ready for use in a short time.
- The audiovisual recordings require no specialist knowledge and can be created by a single person.
- Modern, interference-free microphone and camera technology as well as the proven and forward-looking software application Mangold VideoSyncPro Studio are specifically designed for these requirements.
Audiovisual interview of Suspects
Legal Aspects
Through the “Act for More Effective and Practical Design of Criminal Proceedings” of August 17, 2017, the new provision was introduced two years later on January 1, 2020. § 136 StPO was then supplemented by a fourth paragraph containing the new regulation on audiovisual interview of suspects.
Although audiovisual recording of judicial, prosecutorial, or police interviews of suspects was previously possible, the new regulation of the former “may provision” with § 136 Para. 4 Sentence 2 StPO includes the obligation to record when:
- the investigation procedure is based on an intentionally committed homicide and neither external circumstances nor the particular urgency of the interview oppose the recording,
- when it serves the better protection of the legitimate interests of suspects.
Police, Prosecutorial, Judicial interview
The documentation of audiovisual interview of suspects by police, prosecution, or judges is intended to serve both the improvement of truth-finding and the protection of suspects from improper or illegal interview methods.
Requirements-Appropriate Design of a Mangold Video interview System
A Mangold video interview system addresses the following important requirements in particular:
- High-quality wide-angle camera optics properly capture the interview officers, the person being interviewed, any authorized accompanying persons, and the rest of the room. The recording thus also provides proof that no hidden influence on the person being interviewed took place during the interview and that no other persons were present in the room.
- The optimized audio technology takes into account changing volume levels of suspects and witnesses as well as often quiet and unclear statements from those being interviewed. The microphone characteristics are also optimized for varying speech direction, as can occur through head and body movements.
- Even during longer recordings, the synchronous recording between audio and video tracks in the video streams is considered by the forward-looking software application Mangold VideoSyncPro.
Audiovisual interview of Witnesses
Legal Aspects
The Witness Protection Act that came into force on December 1, 1998, opens up with the provisions of §§ 58a, 247a, and 255a of the Code of Criminal Procedure (StPO) the video recording of witness interviews within and outside the main proceedings.
If there is urgent danger of serious disadvantage to the witness’s welfare if he is interviewed in the presence of those present in the main proceedings, the court can order a video interview. Tolerance of the audio-video recording is part of the witness obligation, for which no special consent from the persons to be interviewed is required.
Recording should be considered particularly in cases where a decision-relevant statement is extensive, involves a complex crime, or the interview is particularly difficult.
The conditions under which a witness’s interview can or should be recorded on audio-video media are regulated by § 58a Para. 1 Sentences 1 and 2 StPO.
Video interview with the Mangold Video interview System
The modern video interview system from Mangold with its innovative software application VideoSyncPro Studio is also ideally suited for complex interviews. Extensive statements and difficult interviews can be commented on in the recording software with text annotations and symbolic markings for better understanding.
Particularly with regard to the protection worthiness of witnesses and victims, the Mangold video interview system offers various possibilities to do justice to this. Among other things, confrontations with suspects can be avoided and the identity protection of particularly endangered witnesses can be guaranteed.
Audiovisual interview of Children
Legal Aspects
§ 58a of the Code of Criminal Procedure indicates that the interview of children and adolescents under 18 years of age should be conducted as audio-video recording to serve their legitimate interests.
Thus, the interview in the main proceedings can be replaced by showing the investigative judicial witness interview already recorded in the investigation procedure.
Statements from sexually abused children must be recorded, provided the crime is not linked to the use of video technology and thus video recording would represent a particular burden for the affected victims and witnesses.
In witness interview of minors, parents as legal representatives have a right to be present during interviews. However, in consultation with the legal guardians, a sole interview can take place to avoid any influence.
Special Requirements for Interviewing Child Witnesses
The interview of children as witnesses or even child victims is a particular challenge that requires not only professional know-how from interview officers but also particularly sensitive implementation.
- Audiovisual interview of children using Mangold’s mobile video interview system offers the possibility to keep contact with police, prosecution, and courts to a minimum.
- Through video interview, the child is neither during the interview nor elsewhere in the investigation or court proceedings exposed to personal confrontation with the perpetrator.
- The portable technology also supports the acceleration requirement (§ 48a Para. 2 StPO, No. 221 RiStBV) by enabling spontaneous recordings at suitable locations. Thus, it contributes to keeping the procedure or trial duration as short as possible and avoiding repeated interviews.
- The technology enables creating a more relaxed atmosphere, e.g., through interviews in the presence of parents in their own home environment.
- The room-wide camera and microphone technology also enables children to have largely child-appropriate freedom of movement during the interview.
Audiovisual interview of Victims
Legal Aspects
The introduction of audiovisual interview in 1998 with § 58a StPO primarily served victim protection; in particular, victims of crimes should be spared repeated interviews. Subsequently, there was a successive expansion of the scope of application of audio-video recording, primarily to strengthen the position of child, adolescent, or other particularly endangered victim witnesses in criminal proceedings.
Thus, the last expansion of the provision of § 58a StPO through the Act to Strengthen the Rights of Victims of Sexual Abuse was justified by the legislature, among other things, in that the willingness to confess of the accused would be increased by the existence of an audio-video recording of the victim witness interview.
Special Requirements for Interviewing Victims
According to expert opinion, a victim’s statement is more authentically recorded through video recording than a report could ever be. Through exact documentation, better truth-finding is attributed to it in the interview of victims of sexual violence. The recordings can in turn be used in the context of psychological assessment.
Mangold Video interview System: Unobtrusive, Restrained
The restrained, unobtrusive video and audio technology of a Mangold interview system with its simple operation enables distraction-free, empathetic interview. It requires no additional technical personnel whose presence could be perceived as disturbing or even upsetting.
Investigative Judicial Video interview
Legal Aspects
With the Act to Modernize Criminal Proceedings of December 10, 2019, § 58a Paragraph 1 of the Code of Criminal Procedure regulates the recording of interview by investigative judges.
Thus, the interview of a witness can be recorded on audio-video media, but witness interview should be recorded after consideration of the respective relevant circumstances and carried out as judicial interview,
- if the legitimate interests of persons under 18 years of age as well as persons who were injured as children or adolescents by one of the crimes mentioned in § 255a Paragraph 2 can be better protected,
- or if there is concern that the witness cannot be interviewed in the main proceedings and the recording is necessary for truth-finding.
- Furthermore, the interview must be recorded after consideration of the respective relevant circumstances and carried out as judicial interview if the legitimate interests of persons injured by crimes against sexual self-determination (§§ 174 to 184j of the Criminal Code) can be better protected and the witness has consented to the audio-video recording before the interview.
Audiovisual interview of Undercover Investigators
The audiovisual interview of particularly endangered police informants or undercover investigators according to § 247a StPO can take place with technical modification of image and sound transmission protecting the identity of the interviewed person if otherwise a blocking declaration from the responsible authority would oppose the interview.
Ordering a Judicial interview
If the requirements for audio-video recording according to § 168c II StPO are met, the prosecution examines whether a judicial interview should be requested with regard to criminal procedural usability. This is the case when the intended use of the audio-video recording in a later main proceeding requires judicial interview of the witness.
Audiovisual interview by Police
Legal Aspects
Through the reference § 163 Para. 3 StPO, the provisions of § 136 Para. 4 S. 2 StPO also apply to witness interview by police. If the investigating police consider recording a witness interview necessary, they submit the proceedings with a corresponding suggestion to the prosecution for decision.
Securing Witness Statements with Mangold Video interview System as Evidence
Police video interview is also protection for officers against later allegations of illegal interview. Moreover, incriminating statements are often revised or even completely withdrawn, which can lead to the original descriptions no longer being recognized as evidence in court. The repeatability of video interview can be a key to truth-finding here.
Audiovisual interview offers witnesses the possibility of not having to testify again in court. This increases witness acceptance of video interview since direct contact with suspects can be avoided.
Mangold Convinces - Portable Systems for Video interview
In a Europe-wide tender by the Hessian State Criminal Police Office for the procurement of over 40 mobile interview systems, Mangold was able to prevail against several international competitors due to its powerful solutions and services.
The portable video interview system was specially adapted to the requirements of the LKA-Hessen based on the company’s proven system components.
Audiovisual interview for Main Proceedings
Video interview in Criminal Proceedings as Victim Protection
The principle of immediacy in German criminal proceedings requires the court to use the most crime-proximate evidence, which includes direct witness interviews instead of reading the police interview protocol. Furthermore, it also means that the court must directly gain an impression of the evidence and thus the witnesses. Nevertheless, criminal proceedings provide some
exceptions to this principle:
Thus, § 255a StPO Para. 2 regulates the replacement of witness testimony in the main proceedings with video recording of the earlier judicial interview according to the requirements of § 168c II StPO.
Accordingly, urgent danger of serious disadvantage to the witness’s welfare must threaten. This usually concerns secondary traumatization, i.e., reliving the crime, including intensification of the psychological damage already caused by the crime.
Equal Treatment through Mangold’s Mobile Video interview System
In the discretionary decision of whether a witness is interviewed using video technology, technical requirements must not play a role. Based on the principle of equality from Art. 3 GG alone, witness protection must not depend on which court the trial takes place at and how well equipped it is technically:
Mangold’s portable video interview system enables creating the technical requirements for professional and legally secure video interview at any time and place. Easy transportability, robust system components, and simple setup as well as intuitive and secure operability without necessary training effort and additional personnel are the foundation for this.
Technology for Audiovisual interview
Once the legal requirements for the admissibility or obligation of audiovisual interview are met, technical and organizational conditions follow to ensure the court usability of video-documented interviews, which are fulfilled by a Mangold video interview system:
Authenticity of Recordings
The recordings created with Mangold VideoSyncPro Studio carry case numbers, timecode, date, time, and location of the interview and include authenticity verification.
For data integrity verification, a checksum is calculated for each video file during recording. When the relevant recording is reopened, this checksum is verified. If the checksums are identical, it can be assumed with high probability that the recording data has not been changed. Since multiple videos are recorded independently but synchronously with multi-camera technology in one session, manipulation can be almost excluded since all videos would have to be changed in this case.
Markers with Timestamps, Pausing Recordings, and Report Generation
For marking and commenting on relevant interview passages, corresponding markers with timestamps can be set during and after recording and comments can be entered. The comments are later automatically entered into an interview report.
In practice, it happens that an interview officer must briefly leave the room during a recording or a lawyer must conduct a separate client consultation. In these cases, Mangold VideoSyncPro Studio software offers the possibility to pause a recording without interrupting the time flow.
To obtain all relevant information at a glance, an automatic recording report is created as a PDF for each recording. The report displays the basic interview data, comment entries, and marker timestamps.
Security and Rights Concept
Mangold VideoSyncPro Studio software has a comprehensive security and rights concept. This allows user roles to be created and assigned, such as “Administrator” or “Case Worker”. These roles can then use different software functions. This ensures that changes to the system configuration are only made by technically and legally authorized persons.
Compatibility, Password Protection, and Encryption
According to law, video interviews must be securely stored until the legally binding conclusion of proceedings. Thereafter, the files are deleted and the data carriers are returned to the owner, e.g., the responsible police. However, media files are sometimes stored longer due to possible reopening procedures or applicable limitation periods.
interview files must be able to be easily exchanged between authorities at any time. Due to the possibility of misuse, it must also be ensured that the files, as part of the criminal file, do not fall into the wrong hands and can be copied.
The audio and video files created with Mangold VideoSyncPro Studio meet these requirements in various ways:
- The system’s data carriers can be protected with a procedure approved by the Federal Office for Information Security.
- Media files can be played outside the system with common video player software.
An audiovisual interview system from Mangold covers important technical, content-related, and security-relevant aspects that are necessary for smooth implementation and ensuring court admissibility.
Mangold Interview Recording
Mangold Interview Recording systems are secure and compliant solutions for recording legal and professional interviews.
