Making credible; affirmation in lieu of oath

(1) Where a legal provision provides that, for the establishment of the material facts, it suffices for these to be made credible, the affirmation in lieu of oath may also be admitted for this. A fact is deemed credible where its existence is predominantly probable on the result of the investigations, which should extend to all attainable means of evidence.
(2) The authority may demand and take an affirmation in lieu of oath in ascertaining the facts only where the taking of the affirmation over the matter in question and in the procedure concerned is provided for by statute or statutory instrument, and the authority has been declared competent for this by legal provision. An affirmation in lieu of oath should be demanded only where other means of ascertaining the truth are not available, have led to no result, or would require disproportionate effort. An affirmation in lieu of oath may not be demanded from persons incapable of taking an oath within the meaning of section 393 of the Code of Civil Procedure.
(3) Where the affirmation in lieu of oath is taken down in a record by an authority, only the head of the authority, his or her general representative, and civil servants who have the qualification for judicial office are entitled to take it down. The head of the authority or his or her general representative may authorise other civil servants for this in writing, generally or in the individual case.
(4) The affirmation consists in the person making it confirming the correctness of his or her statement concerning the matter in question and declaring: "I affirm in lieu of oath that to the best of my knowledge I have told the plain truth and have concealed nothing." Authorised representatives and advisers are entitled to take part in the taking of the affirmation in lieu of oath.
(5) Before the affirmation in lieu of oath is taken, the person making it must be instructed as to the significance of the affirmation in lieu of oath and the criminal consequences of an incorrect or incomplete affirmation in lieu of oath. The instruction must be noted in the record.
(6) The record must further contain the names of the persons present and the place and day of the record. The record must be read out to the person making the affirmation in lieu of oath for approval, or presented to that person for inspection on demand. The approval given must be noted and signed by the person making the affirmation. The record is then to be signed by the person who took the affirmation in lieu of oath and by the recording clerk.