After criticism from judges and prosecutors, Federal Minister of Justice Marco Buschmann (FDP) has now presented a compromise proposal for the obligation to record the main hearing in criminal proceedings. In a new draft bill, which went to the vote on Wednesday evening to the other departments of the Federal Government, the video recording is no longer mandatory. In addition, the judicial authorities of the federal states are to be given more time than originally planned to procure the technology for sound recording and transcription.

However, Buschmann sticks to the core of his project. "It is important to me that we achieve better documentation of criminal trials. Because criminal proceedings are about a lot: the good name and freedom of a person," said the Minister of the German press Agency. The fact that the parties to the proceedings have so far had to rely solely on their notes and memory after a process that sometimes lasts for months is not up to date.

Would witnesses feel intimidated?

A first draft for a "law on the digital documentation of the criminal trial" presented by Buschmann in November still provided for the recording of the main hearing in image and sound in the future and for the sound recording to be converted into a text document using transcription software.

Fierce criticism came from prosecutors and judges at the time. Among other things, they warned that witnesses could feel intimidated by the video recording.

Buschmann, on the other hand, had received support for his project from the legal profession, which also expects this to make work considerably easier. The German Bar Association (DAV) had stated in February: "A compromise solution that is satisfied only with a mere audio recording would waste the chance to really change something here in the sense of the best possible truth-finding." After all, the vast majority of human communication is non-verbal. Facial expressions, gestures, posture, glances – all this is part of the appreciation of a statement.

"There were some objections to my first proposal, which we have of course examined carefully," said Buschmann of the dpa. It is important to him that the Federal Government makes progress here, "which is why we are making three adjustments". Firstly, the draft makes it clear once again that the Federal Court of Justice, the supreme court of appeal, does not thereby become a court of fact.

Secondly, the Länder should not have to implement the obligation to comprehensively record the main hearings at the State Security Senates until 1 January 2028 and not already at the beginning of 2026. In the case of the regional courts, it remains with an "introductory corridor until 1 January 2030".

Thirdly, he takes seriously the capacity problems of the IT departments of the judicial authorities, which are still heavily occupied with the nationwide electronic file until the beginning of 2026. Therefore, he proposes: "The soundtrack and digital transcription remain mandatory for everyone – but the countries can do without the introduction of video recording." Video recording will only be an option. "Of course, it is my hope that some federal states will lead the way and start pilot projects," the minister added.

Overall, the federal and state governments must make faster progress in the digitization of the judiciary, Buschmann stressed. His wish: "The thick court files, around which a cloth belt is stretched, are often called armadillos. I would like to put this species of armadillos on the list of endangered species as soon as possible."