Practice areas
Victim Representation
Anyone who has been injured by a criminal offence has their own rights in criminal proceedings: from filing a criminal complaint to accessing case files and private accessory prosecution. This is not criminal defense, and our task in these cases is to represent the victim, though we bring the same seriousness with which we defend the accused in other matters.
About Victim Representation
sections 395 ff. StPO
The Role of the Victim in Criminal Proceedings
At the beginning, there is often the criminal complaint (Strafanzeige). This can be filed informally with the police, public prosecutor, or local court. It becomes effective through substance: a clear description of the facts, named evidence, witnesses, and documents. Through legal representation, victims also receive access to case files and learn about the actual status of the proceedings.
For certain crimes, such as those against sexual self-determination or offences involving bodily harm, victims can join the prosecution as private accessory prosecutors (Nebenkläger) under section 395 of the Code of Criminal Procedure (StPO). Private accessory prosecution (Nebenklage) turns the witness into a participant in the proceedings with their own rights. In addition, civil claims such as compensation for pain and suffering can be asserted directly in the criminal trial through adhesive proceedings (Adhäsionsverfahren).
Accused persons are in a different position when they consider a complaint against the person who reported them, for example for false accusation. As a rule we advise against such a counter-complaint. The separate page on the counter-complaint explains why and which risks a complaint alleging a false accusation carries.
How We Assist You
We accompany you from the first step: from the question of whether and how a complaint is meaningful, to representation in the main trial.
- Preparation of the criminal complaint with facts, evidence, and legal classification
- Accessing case files through legal representation and providing ongoing information on the status of the proceedings
- Applying for admission as a private accessory prosecutor and exercising all associated rights
- Asserting claims for compensation and damages in adhesive proceedings
- Assistance during witness interrogations under section 68b StPO, so that you do not face any interrogation alone
Your Rights as a Private Accessory Prosecutor
Private accessory prosecution gives you an active role: you may participate in the entire main trial, even if you testify as a witness. Your representative can ask questions to the accused and witnesses, file motions for evidence, make statements, and, within certain limits, lodge appeals.
In the case of serious crimes, the court can appoint a lawyer as assistance at the state's expense under section 397a StPO. We will clarify whether your case belongs to this category and what specific rights you have in the initial consultation.
Arrested or questioned? Call us before you make a statement.
Frequently asked questions
How do I file a criminal complaint?
Formally, an informal complaint to the police, public prosecutor, or local court is sufficient. For the complaint to be effective, it should present the facts in an orderly manner and name evidence. We prepare the complaint in such a way that the public prosecutor can work with it and monitor the proceedings thereafter.
Who can join as a private accessory prosecutor?
Victims of certain offences are entitled to join as private accessory prosecutors, in particular victims of crimes against sexual self-determination, bodily harm, and offences against personal freedom, as well as relatives of deceased victims. The details are regulated by section 395 StPO. We examine whether eligibility exists based on the specific allegation.
What are the costs of private accessory prosecution?
For certain serious crimes, legal assistance is appointed at the state's expense under section 397a StPO; in addition, legal aid (Prozesskostenhilfe) may be considered. If the accused is convicted, they are generally also required to bear the necessary expenses of the private accessory prosecution. We clarify the question of costs transparently before mandate.
Do I have to face the interrogation alone?
No. As a witness, you may be accompanied by a lawyer under section 68b StPO. The assistant ensures that your rights are respected, for example in the case of inadmissible questions. Especially in distressing proceedings, this takes away much of the pressure from the interrogation.
This information is general in nature and does not replace advice on an individual case.
In the guide
Explanations of the questions that arise at the start of a case.
Further practice areas
Not an emergency, but in need of advice? We will discuss your case in confidence.
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