Key legal question
May a person with witness status be heard merely as an information person rather than as a witness?
Extracted holding
No. A person who has witness status must be examined as a witness; the judge may not choose to hear such a person only as an information person unless the statutory exceptions for perpetrators, participants, or injured persons apply.
Extracted reasoning
Sections 62 ff. StPO regulate witness duties and the taking of witness evidence. From § 69 StPO, which requires certain persons to be heard only as information persons, and § 70 StPO, which gives the judge discretion only for injured persons, it follows that there is no general discretion to downgrade another witness-qualified person to an information person.