Opfervertretung-MPP Rechtsanwälte-Strafrecht & Steuerrecht

Victim advocacy – Not only (alleged) offenders have a right to legal representation

The law firm Mügge, Dr Pitschel & Partner represents not only the accused, defendants or accused persons in criminal proceedings, but also persons who have been victims of a criminal offence (victim advocacy).

Protection against violence

If you have been the victim of domestic violence or stalking, you can apply for a court order under the Protection against Violence Act to protect you from further acts of violence. This order can be applied for as a preventative measure and includes measures such as bans on entering the premises, bans on residence and bans on contact.

In the area of protection against violence, it is currently being discussed whether the use of an electronic ankle tag could be a possible measure to enforce contact bans and prohibitions on approach under the Protection Against Violence Act (we reported on this in March of this year): The electronic ankle tag – can it be used in cases of domestic violence?

Dr. Anthea Pitschel gave an interview to Stern-Mügge, Dr. Pitschel & Partner last week on this topic, in which she discussed the possibilities, difficulties and legal requirements of using an electronic ankle tag to prevent domestic violence: “Eine Fußfessel kann das Leben von Frauen retten”

Filing a criminal complaint

The law enforcement authorities are obliged to investigate criminal offences if they become aware of them. Criminal charges can be filed informally by anyone who wishes to report a criminal offence. A criminal complaint, on the other hand, must be filed in writing by the injured party within three months (Sections 77 ff. of the German Criminal Code) and can be withdrawn until the proceedings have been concluded.

Witness Assistance

Have you received a summons to appear as a witness in criminal proceedings? As a witness, you have the right to a lawyer to assist you as a witness in accordance with § 68b StPO. We will accompany you to hearings and explain your rights and obligations to you in advance. We can object to inadmissible questions and, if necessary, request access to the files. Under certain circumstances, protective measures for witnesses are also possible, such as the exclusion of the public or the removal of the accused during questioning ( § 274 StPO).

Joining as a Private Accessory Prosecution

As a victim of a crime, you can join the criminal proceedings as a private accessory prosecutor, for example, in cases of sexual offenses, bodily harm, or defamation. Particularly vulnerable private accessory prosecutors can be assigned legal counsel at the state’s expense (§ 397a Abs. 1 StPO). Joining as a private accessory prosecution grants you the right to actively participate in the proceedings, gather evidence, and demand compensation. It also allows you to claim damages and compensation for pain and suffering directly in the criminal proceedings (adhesion procedure).

We not only specialize in criminal law and tax law, but also offer comprehensive victim representation. Please do not hesitate to contact us for assistance with issues such as protective measures against violence, filing a criminal complaint, witness support, or joining as a private accessory prosecution. Our specialized lawyers and experts in criminal law are here to support you at any time.

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