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 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.