Victim of a criminal offence: reporting and private accessory prosecution

1What is it about?

Victims of a criminal offence have extensive rights in criminal proceedings. You can report the offence (§ 158 StPO), file a criminal complaint (Strafantrag) within three months in the case of offences prosecuted only on complaint (§ 77b StGB) and, in certain cases, join the proceedings as a private accessory prosecutor (Nebenkläger) (§ 395 StPO).

Private accessory prosecutors are active participants in the proceedings. They may be present at the main hearing, ask questions, file motions for evidence to be taken and lodge appeals (§ 397 StPO). Relatives of persons killed may also join. In addition, claims for damages and compensation for pain and suffering can be asserted in the adhesion procedure (§§ 403 ff. StPO).

2Typical case scenarios

• Bodily harm, threats, stalking or domestic violence.
• Sexual offences and other offences against sexual self-determination.
• Relatives of a person killed who act as private accessory prosecutors.
• Offences motivated by hatred or discrimination.
• Fraud or property offences causing substantial loss.
• Continuing investigations in which you need access to the case file.

3Frequently asked questions

4How the proceedings unfold

1. Report and questioningAccount of the incident, video-recorded questioning where applicable.
2. Investigation proceedingsAccess to the case file through the lawyer, securing of evidence.
3. Joining as private accessory prosecutorWritten declaration of joining, admission by the court.
4. Main hearingAttendance, right to ask questions, closing plea of the private accessory prosecutor.

5What requires particular attention

• Secure evidence, for example messages, photographs, medical certificates and witness contacts.
• Observe the time limits for filing a complaint in offences prosecuted only on complaint.
• Seek support from victim support organisations in addition to legal advice.
• Do not discuss the allegation with the accused.

6How we represent you

We draft the criminal complaint carefully, secure evidence and apply for access to the case file. We represent you as counsel for the private accessory prosecutor, accompany you to questioning and to the main hearing and look after your protection, for example by excluding the public or by using protective forms of questioning.

We assert claims for damages and compensation for pain and suffering and advise on appeals and on the procedure to compel prosecution where proceedings are discontinued. We treat those affected with respect, discretion and objectivity.