Previously, those involved in proceedings had to rely on their own notes. From 2030, criminal proceedings in Germany should now also be documented by video recording. The Ministry of Justice emphasized that the personal rights of all those involved were protected.
Cameras are to be installed in hundreds of German courtrooms in order to document first-instance criminal court hearings in the future in image and sound. The nationwide introduction of the technology planned by Federal Minister of Justice Marco Buschmann is to take place gradually and be completed by January 1, 2030. At least that is what a draft bill that the ministry has sent to states and associations for comments.
The recording should not replace the formal protocol, but should be made in addition. The digital documentation is available to those involved in the procedure. Until now, they had to rely on their own notes. The ministry emphasized that the personal rights of those involved were protected in the planned procedure. The draft states: “The recordings are to be deleted when the procedure has been legally concluded or otherwise ended.” If use in another procedure is to be expected, the chairman can order storage until the end of the file retention period.
The project has nothing to do with live broadcasts from the courtroom. The draft states: “The use of the recordings is only permitted for criminal procedural purposes”. The records of the information provided by the accused, witnesses and joint plaintiffs may only be used in other judicial or official proceedings with their consent. To make the recordings easier to search, an automatic conversion to text using transcription software is provided.
However, anyone who has ever worked with such software knows that it has its pitfalls, for example when someone speaks a strong dialect. To ensure that criminal proceedings are not prolonged once the technology goes on strike, the draft provides that the progress of the hearing should have priority in the event of technical failures or errors. The question of the costs that the project will cause is difficult.
The draft states somewhat vaguely that “considerable personnel and material costs” are likely to arise in the federal states. Buschmann had promised the federal states 200 million euros for projects to digitize their judicial authorities in the coming years. Other funds – for example for additional positions – were not part of the offer. The countries find this insufficient.
