As a matter of principle, court hearings must take place in public. This is provided for by constitutional law. Thus, even in criminal proceedings, spectators generally have the opportunity to attend the hearing. A violation of the publicity requirement leads to the nullity of the criminal proceedings. The purpose of the principle of publicity is, among other things, to strengthen the public’s trust in the administration of (criminal) justice by guaranteeing a supervisory function.
However, the principle does not apply without restrictions – there are also cases in which the public is not allowed to attend the hearing. Thus, the public may be excluded because of:
- Threat to public order or national security
- Discussion of the personal life or secrecy of a party to the proceedings
- Protection of the identity of a witness
In any case, judges and public prosecutors of the civil service, trainee judges and legal trainees as well as defense counsel may not be excluded. Defendants, victims, private parties and private prosecutors may request the presence of three trusted persons.
The fact that one is “uncomfortable” with the criminal proceedings is usually not enough.
