The work addresses the defendant's right to confrontation with incriminating witnesses in criminal proceedings. The aim of the study was to implement this right, which is not regulated in the German Code of Criminal Procedure (StPO), in accordance with its regulation in the criminal procedural law of the United States of America and in the European Convention on Human Rights, as well as the relevant case law of the European Court of Human Rights and the Federal Court of Justice for Criminal Matters. The right to confrontation is governed in the U.S. criminal process by the Sixth Amendment to the Constitution of the United States. The Supreme Court has interpreted it since the decision in Crawford v. Washington to mean that only statements that can be qualified as actual witness testimony fall under the right to confrontation. If there has been no confrontation with the incriminating witnesses in these cases, the use of the witness statements in the main proceedings is excluded. The European Court of Human Rights does not categorically exclude such use, but allows it on a case-by-case basis if an overall assessment of the specific circumstances shows that the rights of the defense have been sufficiently protected. The same applies to the solution provided by the Federal Court of Justice: the admission of witness testimony is possible, but it must be assessed with particular caution in light of the impossibility of questioning the witness by the defendant or their defense attorney. The author considers this solution to be inadequate given the fundamental importance of the defendant's right to a fair trial and argues that, in accordance with the solution of the Supreme Court and likely also the European Court of Human Rights, a prohibition on the use of evidence in these cases represents the more appropriate solution.