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Say a person X appeared as a witness in a case where the judge was presiding in a criminal case (Jugendstrafsache). The testimony of X was welcomed and appreciated highly by the prosecutor as well as the judge.

X is not an EU citizen. X wants German citizenship under "special integration" circumstances. Can X request the judge to write/sign a draft letter that states that X has acted in a manner as would be expected of a German citizen?

Broader question: Are people allowed to write to the judiciary for any such relevant requests at all?

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  • Wait, what? Are you referring to § 10 ⑶ 2 StAG “civic involvement”? This really refers to prolonged (≥ 2 years) activities with some integrating character, e. g. membership in a refugee organization or so. Commented Feb 18, 2022 at 10:56
  • No, I am not referring to that. I want to strengthen § 10 ⑶ 2 StAG with other supporting documents.
    – quantum
    Commented Feb 18, 2022 at 11:58
  • That part refers to outstanding efforts at integration, - merely doing your civic duties is generally not outstanding, but special cases might make it special - so ask your immigration officer.
    – Trish
    Commented Feb 18, 2022 at 12:45
  • 'Outstanding' is open to interpretation and has been contended, c.f. openjur.de/u/854298.html but your point is valid.
    – quantum
    Commented Feb 18, 2022 at 13:44
  • The plaintiff in that case did show his integration by volunteering in a political party, organized an art exhibition and helped in another. Those are not duties one has to do like paying taxes or appearing ats a witness.
    – Trish
    Commented Feb 18, 2022 at 14:43

1 Answer 1

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It is the duty of the witness to give the testimony, no matter what their nationality is. As a witness, a German citizen is not different from a French, Uruguayan, or even a stateless.

The only letter the judge will usually give them in addition to a verbal thanks is a formal letter recognizing that they have, on suchandsuch day(s), been called as a witness to the court and appeared. This is usually given to any witness and pretty much a form. It does serve as evidence for example in cases of absence from work - and you are entitled to the losses you incurred for appearing in court if you formally request them.

It isn't forbidden to request a different letter from a judge, but they might not give such an extraordinary letter of appreciation, because that might taint the case: it could raise the question if the testimony was bought with or made to gain such a letter.

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  • Thanks. What if the request is made a significant time after the testimony? What could be other reasons to decline?
    – quantum
    Commented Feb 18, 2022 at 9:55
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    You should ask your immigration officer or lawyer what you need and if that is something the court can or will provide.
    – Trish
    Commented Feb 18, 2022 at 9:58

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