Folgeaussage

Folgeaussage is a term used in German legal discourse, particularly in criminal procedure, to describe a statement made by a witness or a party that is derived from information obtained from another person rather than from direct personal observation. In essence, it is hearsay evidence. The term literally translates to "following statement" or "derivative statement."

The admissibility of folgeaussagen in court is generally restricted. German law, like many legal systems, prioritizes direct evidence where possible to ensure the reliability and accuracy of testimony. This is because hearsay evidence can be prone to misinterpretation, fabrication, or a lack of clarity regarding the original source of information. The person who originally made the statement, if available, is usually the preferred witness.

However, folgeaussagen are not entirely prohibited. There are exceptions where such statements may be admitted, often if the original declarant is unavailable or if there are other compelling reasons for admitting the derivative statement. For instance, if a witness testifies about something they heard from a dying person, it might be considered under specific circumstances. The court will meticulously assess the reliability and necessity of admitting such a folgeaussage. The evaluation often considers factors like the number of intermediaries, the time elapsed, and the potential for bias or error at each stage of transmission.