Victim rights in German criminal proceedings: what the Nebenklage gives you

§ 395 StPO lists the cases. Among those entitled to join are people harmed by offences against sexual self-determination, by attempted homicide offences, by offences causing bodily harm, by offences against personal liberty such as human trafficking and stalking, and by breaches of § 4 of the Gewaltschutzgesetz, the Protection against Violence Act (§ 395 Abs. 1 StPO; Abs. is the German abbreviation for the subsection of a provision). Relatives of a person who has been killed may also join (§ 395 Abs. 2 StPO).

Alongside these there is a catch-all case, and its list is open. Under § 395 Abs. 3 StPO a person harmed by another unlawful act may join where this appears to be called for on special grounds in order to safeguard their interests. The statute names as examples the insult offences under §§ 185 bis 189 StGB (the Strafgesetzbuch, the German Criminal Code), negligently causing bodily harm under § 229 StGB, theft under § 244 Abs. 1 Nr. 3 und Abs. 4 StGB, and robbery and robbery-like extortion under §§ 249 bis 255 und § 316a StGB; the word "in particular" shows that the list is not exhaustive. As a special ground the provision singles out the serious consequences of the offence. That is the point on which these cases turn in practice. Whether it is met is for the court to decide.

Joining is permissible at any stage of the proceedings, including after the judgment for the purpose of lodging an appeal (§ 395 Abs. 4 StPO).

The Nebenkläger is entitled to be present at the Hauptverhandlung, the main hearing, even if they are to be examined as a witness, and must be summoned to it (§ 397 Abs. 1 StPO). They have rights of their own there, including the right to object to judges and expert witnesses, the right to put questions and the right to apply for evidence to be taken. They may make use of a lawyer or be represented by one (§ 397 Abs. 2 StPO). A person who does not speak German receives, on application, a translation of written documents in so far as this is necessary to exercise their rights (§ 397 Abs. 3 StPO). The extent of that translation follows § 187 Abs. 2 GVG (the Gerichtsverfassungsgesetz, the Courts Constitution Act), to which that provision refers; under it, a partial written translation or even an oral translation may in some circumstances be sufficient.

Access to the file is important in practice. On behalf of the injured person, a lawyer may inspect the files and examine items of evidence held officially, in so far as they set out a legitimate interest in doing so (§ 406e Abs. 1 StPO). The statute draws two distinct steps here. Access must be refused in so far as overriding interests of the accused person or of others that deserve protection stand in the way (§ 406e Abs. 2 Satz 1 StPO; Satz means sentence); there is no discretion in that respect. It may also be refused in so far as the purpose of the investigation, including in other criminal proceedings, appears to be endangered (§ 406e Abs. 2 Satz 2 StPO), and where access would delay the proceedings considerably (§ 406e Abs. 2 Satz 3 StPO). During the investigation the public prosecution office decides, otherwise the presiding judge of the court dealing with the case (§ 406e Abs. 5 StPO).

Independently of this, you can on application be informed about the state of the proceedings, for example about a discontinuation, about the place and time of the Hauptverhandlung and about the outcome of the court proceedings (§ 406d Abs. 1 StPO). On application you are also to be told whether the convicted person has been prohibited from contacting you, or whether measures involving deprivation of liberty have been ordered or ended; the conditions named in § 406d Abs. 2 StPO apply to this.

It is something other than legal assistance and does not replace it. Injured people may make use of the support of a psychosocial court companion; that person may be present together with them during examinations of the injured person and during the Hauptverhandlung (§ 406g Abs. 1 StPO). This support is not legal advice but care and information about the proceedings. Where a companion is assigned on the conditions of § 406g Abs. 3 StPO, the assignment is free of charge for the injured person.

Yes, that is the Adhäsionsverfahren. The injured person or their heir may pursue a financial claim arising from the offence within the criminal proceedings, provided the claim falls within the jurisdiction of the ordinary courts and is not already pending before another court; before the Amtsgericht, the local court, this applies regardless of the value in dispute (§ 403 StPO).

Two limitations belong with this. The court decides on the application in the judgment if the defendant is found guilty, and it may confine itself to the basis of the claim or to part of it. It refrains from deciding where the application is inadmissible, or in so far as it appears unfounded; apart from that it may refrain from deciding only where the application is not suitable for disposal within the criminal proceedings, in particular because further examination would delay the proceedings considerably (§ 406 Abs. 1 StPO). The words "in so far as" matter: a partial refusal to decide is possible too. Nothing can be said in advance about the amount of compensation for pain and suffering; that is for the court alone to decide in the individual case.

That question does not belong in the criminal proceedings but in social law. Since 1 January 2024, social compensation has been governed by Book Fourteen of the Sozialgesetzbuch, the German Social Code. It applies where health has been damaged by an event for which the state community bears a particular responsibility, including violent offences (§ 1 SGB XIV). For damage from the period before that, § 138 SGB XIV contains a transitional rule which ties in with the conditions of the former Opferentschädigungsgesetz, the Victims Compensation Act. The application proceeds independently of how the criminal proceedings end.