• orclev@lemmy.world
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      4 months ago

      There is no absolute confidentiality even with therapists and lawyers, they’re both obligated to report anything said to them that they believe indicates you’re planning to commit a crime or do harm to yourself or others. You can’t just walk into your lawyers office and go “so I was molesting this eight year old” and expect them not to report that.

      • yetAnotherUser@discuss.tchncs.de
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        4 months ago

        In the US there isn’t but as far as I can tell, over here in Germany lawyers and doctors are not permitted to report past crimes. The damage has been done and there is no harm to prevent anymore, as such keeping confidentiality has a higher priority than the state’s desire to prosecute crimes.

        Even if these groups become aware of future planned crimes, they are not obligated to report anything if they genuinely attempt to prevent the person from comitting the crime (except for murder, manslaughter, kidnapping/taking hostages, genocide or war crimes).

        How does the nonexistant confidentiality of lawyers prevent them from deciding to stop being your lawyer and become a witness against you? I.e. you are accused of a crime, admit said crime to your lawyer, your lawyer then becomes a witness stating you admitted to the crime.

        • orclev@lemmy.world
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          4 months ago

          Past crimes, when there’s no reason to believe you would commit another crime in the future are covered by confidentiality. However if the lawyer believes you intend to continue committing crimes or that you have admitted that you plan on committing a crime are not covered. So yes, your lawyer could be a witness against you if you admit to planning a crime you have either not yet committed, or which you hadn’t committed at the time you told your lawyer but subsequently then committed.

          There’s also a question on whether admitting to crimes unrelated to your current case is covered by confidentiality or not. I’m not entirely clear on if that applies, but I think E.G. if a lawyer is representing you on a robbery case and you admit to him you murdered somebody 5 years ago he might be allowed to tell the police about that without breaking his obligation of confidentiality since that admission is entirely unrelated to the current case.

        • dogslayeggs@lemmy.world
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          4 months ago

          If the lawyer believes you might commit a new crime based on the way you talk about past crimes, they are required to report it. Therapists might have to report past crimes, depending on the age of the victim and the type of crime. They have to report current and future crimes if there might be danger to others.