Video recording of testimonies began on 1 October 2026

Video recording of testimonies has begun in District Courts on 1 October 2026

Video recording of testimonies has begun in District Courts on 1 October 2026. The District Court will record on video the testimony of witnesses and others that are being heard. If a judgment is appealed, the Court of Appeal will generally review the testimony from the recording. The witness will not need to appear in court to repeat their testimony.

What will video recording of testimonies change?

The new procedure applies to main hearings in District Courts that begin after 30 September 2026. The District Court will record on video the testimony of witnesses, experts, and parties heard for evidentiary purposes. This provision is set out in Chapter 22, Section 6 of the Code of Judicial Procedure.

The Parliament passed the laws concerning the reform (96–101/2022) as early as 2022. However, their implementation was pending the completion of the recording system. The National Courts Administration states in its press release that the equipment is now in use in all District Courts and Courts of Appeal.

The goal of the reform is to improve the assessment of evidence. The Court of Appeal can review the testimony as it was given by the witness in the District Court, while the details are still fresh. In criminal cases, the victim generally avoids having to face the defendant again.

Why was the reform implemented?

Until now, the Court of Appeal has been able to assess a witness’s credibility only by hearing them again. The District Court made only an audio recording of the testimony. An audio recording does not convey facial expressions, gestures, or other nonverbal communication. The Court of Appeal listened to audio recordings only in exceptional circumstances, such as when the witness had died before the hearing.

There were three problems with re-hearings:

• Memory fades: The Court of Appeal may hear a case even years after the events occurred. A later account is rarely as accurate as a fresh one.
• The burden on the witness increases: The witness had to appear in court a second time. In criminal cases, the plaintiff often had to face the defendant again.
• Costs and timelines: Summoning witnesses and paying fees incur costs. Absences can also delay the proceedings.

The legislator sought to improve the assessment of evidence and enhance the appeal process. At the same time, the focus of the trial shifts more clearly to the District Court. The Court of Appeal focuses on reviewing whether the District Court’s decision is correct.

Video Recording in the Court of Appeal

The Court of Appeal accepts testimony via video recording unless there is a specific reason to hear the person again. This provision is set out in Chapter 26, Section 15 a of the Code of Judicial Procedure. In-person hearings will henceforth be the exception, and there are two ways to conduct them.

Supplementary hearing

In a supplementary hearing, the person answers only new questions immediately after viewing the recording. The Court of Appeal may allow this, for example, in the following situations:

• A party raises new facts or evidence before the Court of Appeal;
• circumstances have changed since the District Court proceedings; or
• it remains unclear from the recording what the person meant.

Re-examination

In a re-examination, a person recounts their testimony in its entirety. This requires a specific reason, and the law intentionally sets the threshold high. A reason may be, for example, a failed recording. Another example is a situation where the right to cross-examination was not exercised in the District Court.

A mere allegation that a witness spoke untruthfully in the District Court is not sufficient. Nor may a new hearing be granted on the grounds that the District Court misinterpreted the testimony.

What does video recording of testimonies mean for the parties involved?

In practice, the main hearing in District Court will henceforth be the only opportunity to question a witness. Therefore, it is advisable to prepare testimony and questioning carefully from the very beginning.

The District Court informs the person being heard that it will record their testimony on video. If an appeal is filed, the judges will review the recording, and the Court of Appeal generally does not summon the person being heard to appear in person. In this way, many crime victims are spared from having to recount the events a second time.

The appellant must specify in the appeal exactly whose testimonies the Court of Appeal should review and in what respects. This requirement is set forth in Chapter 25, Section 15 of the Code of Judicial Procedure.

The court may still allow the witness to be shielded from view, and it can generally still record the testimony on video. A District Court will make an audio-only recording only in exceptional cases. This applies, for example, to an anonymous witness or if the video would jeopardize the witness’s safety.

Who can view the video recording?

The recording may only be viewed on the court’s premises. The court may only release the audio portion of the recording to third parties. For more information, visit the courts’ websites.

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