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Old 18.01.2020, 17:36
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Got to give my statement in an attempted murder trial

Hello everyone! 😃

How is everyone doing today?

I was attacked in Basel last year and hit over the head with a glass bottle. The injuries were pretty bad and it has messed me up a lot.

The police have caught the guy who attacked me but I have to go with my lawyer and face him and his lawyer. He will be in a different room and Iíll be in my room he will be able to see me but I wonít be able to see him.

Iím nervous because I have mental illness and stress problems and I feel this is really gonna stress me out and cause my depression and other mental health issues to get bad.

Iím not someone whoís able to cope with stress I havenít done anything wrong so I donít know why Iím stressed. Iíve never been to one of these before especially when I am British and I donít really know how it all works and all.
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Old 18.01.2020, 18:06
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Re: Got to give my statement in an attempted murder trial

"He will be in a different room and Iíll be in my room he will be able to see me but I wonít be able to see him."

Are you certain about this, normally it is the other way around, doing it like this would be "bollocks"
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Old 18.01.2020, 18:07
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Re: Got to give my statement in an attempted murder trial

Has someone told you why he will be able to see you but you won't be able to see him? Or is it because you prefer not to see him?
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Old 18.01.2020, 18:12
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Re: Got to give my statement in an attempted murder trial

Do you have someone else, in addition to your lawyer, who could accompany you? This might be a psychotherapist, psychologist, someone from the Victims' Support Bureau (Opferberatungsstelle)psychiatrist, doctor, social worker, psychiatric nurse or perhaps a case manager from your work or through your medical insurance. Such a person would most likely not be allowed in the room with you and your lawyer (though you could ask) but could be with you up to the door, and be there waiting for you when you come out.

If you do not already have contact with such a professional, I suggest that you phone the helpline number on your medical insurance card, to ask how to get one. And yes, you can make such a call to them outside of working hours and even though (as we know from your other thread), you have an outstanding bill you're going to attend to one Monday.
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Old 18.01.2020, 18:17
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Re: Got to give my statement in an attempted murder trial

Has a date been set, yet?
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Old 19.01.2020, 09:43
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Re: Got to give my statement in an attempted murder trial

You can also ask for an exception via a psychiatrist. I don't know how easy they are to get, or if there is some type of exception in your case which makes it impossible, I only know it's possible to ask to have your lawyer act on your behalf.
I feel for you. It's hard to know that it's coming, and it kick starts everything in your brain into play again. It's hard before, during and after. Get all of your counter tactics ready, psychological support, small things to look forward to that force your brain away from it. Prepare little islands you can jump to so it cannot grab onto you and pull you in to the sea of memory.
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Old 19.01.2020, 10:22
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Re: Got to give my statement in an attempted murder trial

Tell your lawyer you don't want to do it in the manner proposed. S/He's the one who knows the laws and processes here.
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Old 19.01.2020, 11:20
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Re: Got to give my statement in an attempted murder trial

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Tell your lawyer you don't want to do it in the manner proposed. S/He's the one who knows the laws and processes here.
Would second this. If you're not comfortable with what you're being asked to do, then discuss it either with the authority asking you to make a statement or probably best with your lawyer, who should have some experience of such situations. It is important that your witness statements are made as without them it's almost impossible for the prosecution to make their case, so would encourage you get help to do this.
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Old 19.01.2020, 21:51
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Re: Got to give my statement in an attempted murder trial

The general rule is that the accused has the right to know the plaintiff and by whom he is accused (right to confront witnesses).
https://www.ius.uzh.ch/dam/jcr:6da9d...%2003_2016.pdf

A video transmission from a separate room into the court room is a possibility how the victim does not have to get in contact with its tormenters, but no rights of the accused are infringed.

Nevertheless the criminal procedure code knows further possibility to protect the victim from the accused. See Art. 149 to 156 Criminal Procedure Code. https://www.admin.ch/opc/en/classifi...ndex.html#a149 (For your convenience link to English version)

Whereas the video transmission can be considered standard, and just needs the request of the victim, further limitations of the right to confront the witnesses need good reasons and must be justified.
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Old 26.01.2020, 11:27
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Re: Got to give my statement in an attempted murder trial

There is an other thing you can do: Contact Opferhilfe Basel. They advise, support and some victims (I say some because I don't know the exact rules) are entitled to compensation by the government.
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