Procedure descriptions

Victim support - instruct a victim advocate

The rights and obligations of victims are governed by many regulations.
It may be possible to bring an action for damages or compensation for pain and suffering before the civil courts or to participate in the criminal proceedings conducted by the public prosecutor's office against the perpetrator.

You can instruct a victim advocate to represent you legally.

These are licensed lawyers who represent the interests of victims of a criminal offence.
In criminal proceedings, for example, they can inspect the files of the ongoing proceedings and represent you as a co-plaintiff.
You will also receive support in enforcing your civil claims against the offender, for example.

Responsible department

any lawyer you trust

Note: If you have the right as a joint plaintiff, you can contact the competent court or the public prosecutor's office. If the public prosecutor's office has already brought charges, the court dealing with the case has jurisdiction.

Details

Prerequisite

If you contact a lawyer directly, you do not have to fulfil any requirements.

If you are authorised to bring an accessory prosecution, the court may assign a lawyer to you under certain conditions.

Procedure

You can either contact a lawyer you trust with your case yourself, or
You have a right to accessory prosecution and wish to be assigned a lawyer. In this case, you must submit an informal application to the competent authority.

Tip: for applications relating to ongoing proceedings, you should state the full name of the accused person. The same applies to the file number of the public prosecutor's office or the court.

Deadlines

none

Required documents

in criminal proceedings: none
in civil proceedings: evidence that supports your claim

Costs

in criminal proceedings:

if the defendant is convicted of an offence involving the co-plaintiff: the expenses of the co-plaintiff are charged to the defendant
in the event of acquittal, non-opening or discontinuation of the court proceedings:
- the costs incurred as a result of the participation shall be borne by the co-plaintiff himself or herself
- the costs of a lawyer appointed by the court are generally borne by the state treasury

in civil proceedings:

The plaintiff or claimant must normally pay an advance on the court costs and pay his or her lawyer. Whether these costs are reimbursed later depends on the outcome of the legal dispute:

if the decision is in your favour: the perpetrator must reimburse the expenses. If he or she is able to do so, you will not incur any costs.
if the decision is in your favour: you bear the court costs and the costs of the lawyers on both sides
in the event of a settlement, the costs will be divided according to the parties' agreement

Note: You can apply for legal aid if you are unable to pay the costs due to your personal and financial circumstances, or can only pay them in part or in instalments.

Miscellaneous

You can obtain information about victim advocates

Legal basis

Strafprozessordnung (StPO):

§ 395 Nebenklage - Befugnis zum Anschluss
§ 397a Nebenklage - Bestellung eines Rechtsanwalts; Prozesskostenhilfe
§§ 406d - 406h Mitteilungen an den Verletzten

Zivilprozessordnung (ZPO):

§§ 91 - 98 Zivilprozess - Umfang der Kostenpflicht

Release note

machine generated, based on the German release by: Justizministerium Baden-Württemberg, 28.10.2024