Victim Representation

Not only the (alleged) perpetrators of a crime in Germany have the right to legal representation, but also the injured parties, victims, and witnesses. Experience shows that these injured parties of a crime particularly require legal assistance in the form of victim advocacy.

Should you have become a victim of a crime, do not hesitate to contact us. From a one-time consultation regarding your legal options to filing a criminal complaint or initiating a private prosecution, we empathetically stand by you in victim advocacy to make the right individual decisions with you and to support you emotionally as well as with our legal expertise throughout the proceedings.

Filing a Criminal Complaint

As soon as law enforcement authorities become aware of events that may be relevant under criminal law, they are obliged to investigate the matter in question due to the so-called principle of legality (§ 152 II StPO).

When citizens inform the police or public prosecutor’s office about the possible commission of a crime, it is often simply referred to as reporting an offense. However, in a legal sense, a distinction is made between a criminal complaint (§ 158 I StPO) and a motion for prosecution (§§ 77 et seq. StGB).

Criminal complaints can be filed by anyone who wishes to bring a possible crime to the attention of the authorities, without being bound by a specific form or deadline. It does not matter why the person themselves knows about the facts – they may, for example, be a witness or victim, or the events may simply have been reported to them by third parties. Once a criminal complaint has been filed, the decision on further steps rests exclusively with the investigating authorities. Therefore, once a criminal complaint is filed, it cannot be withdrawn.

A motion for prosecution, on the other hand, must be filed in writing by the injured party of a crime within a three-month period. A motion for prosecution is relevant when the injured party seeks criminal prosecution for an offense that does not have to be prosecuted ex officio by the police and public prosecutor’s office. This is the case, for example, with insult or trespassing. Here, filing a motion for prosecution is indispensable. A motion for prosecution can be withdrawn at any time until the conclusion of the criminal proceedings.

Victim Representation

Especially in long and complicated cases, it is worthwhile to obtain a legal assessment and to structure and legally evaluate the course of events with regard to all significant aspects. Legal victim advocacy accelerates the proceedings on the one hand and ensures, on the other hand, that the police and public prosecutor’s office become aware of all facts relevant for the criminal law assessment.

Especially as an injured party of a crime, it is in your own interest to achieve a conviction at the end of the proceedings. The chances of this increase immensely with legal victim advocacy that professionally drafts criminal complaints or motions for prosecution. Furthermore, from the outset, there is the possibility of simultaneously considering civil law claims for damages and pain and suffering.

Whether it’s a criminal complaint or a motion for prosecution: We are happy to support you within the framework of victim advocacy in initiating criminal proceedings, inform you about all further possible steps, and, if necessary, will be there for you throughout the entire subsequent proceedings.

Witness Assistance

Have you received a summons as a witness in criminal proceedings and are unsure what obligations come with this letter? Do you want to know if you must comply with the summons and testify as a witness? Are you worried about having to incriminate yourself or a family member? We are happy to help you!

As a witness, you generally have the right to involve a lawyer as a witness counsel in accordance with § 68b StPO.

At every stage of the proceedings, we accompany you to your interrogation before the police, public prosecutor’s office, or court. In advance, we explain your rights and obligations, clarify the course of the upcoming appointment, prepare you for it, and thus relieve you of the worry about the unfamiliar situation.

Based on our experience, we can support you in the interrogation situation and, simply by our presence, ensure that the respective interrogating person fully respects your rights. Furthermore, we have the right to object to inadmissible questions and leading questions and to prevent you from answering questions that you would not have had to answer.

Under certain circumstances, it is possible to request access to files for you. We are happy to discuss this possibility with you, as well as the possibility of appointing a witness counsel at the expense of the state treasury. Such an appointment is particularly considered if it is evident that you cannot exercise your powers during the interrogation yourself and your interests worthy of protection cannot be otherwise adequately addressed.

We are also happy to advise you on the question of the existence of a possible right to refuse to testify and/or a right to remain silent.

Under special circumstances, measures for the protection of the witness should be considered. These include, for example, the exclusion of the public or individual persons. The removal of the accused during the interrogation (§ 274 StPO) could also be appropriate. Should such protective measures appear necessary, we will communicate this to the court at an early stage.

Accessory Prosecution

As an injured party of a crime, you have the option to join the subsequent criminal proceedings by means of a so-called private prosecution. A private prosecution is possible, for example, in cases of sexual offenses, bodily harm, and insult. The same right applies to the parents, children, siblings, and the spouse or life partner of a person killed by an unlawful act.

Particularly vulnerable private prosecutors may, according to § 397a para. 1 StPO , be assigned legal assistance at the expense of the state. This form of victim advocacy is considered, for example, in crimes such as particularly serious cases of child sexual abuse (§§ 176a, 176b StGB), sexual coercion and rape (§ 177 StGB), attempted homicides, and homicides of close relatives. The assignment of a victim’s lawyer at state expense frees you from any financial risk.

The private prosecution serves to improve the rights of the injured party in criminal proceedings against the perpetrator. It gives the injured party the opportunity not to confront the offender in the role of a “victim,” which often aids in the psychological processing of the consequences of the crime.

As a private prosecutor, you assume the position of an independent party to the proceedings endowed with special rights. Among other things, you have the right to fully participate in the main hearing, ask questions to the accused, witnesses, and experts, present evidence, inspect files, appeal the judgment, and demand compensation for the consequences of the act. Due to these rights, you can actively influence the proceedings. Private prosecution thus represents an important instrument for you as an injured party to participate in criminal proceedings.

If we act as your legal counsel, we also assume a special procedural position during the proceedings. Due to this, we also have, among other things, our own right to ask questions and submit motions for evidence.

Furthermore, there is the possibility of requesting the exclusion of the public during your interrogation or requesting that your interrogation takes place in the absence of the accused.

Joining as a private prosecutor also offers the possibility of asserting claims for damages and pain and suffering already in the ongoing criminal proceedings (adhesion proceedings), thus making a separate assertion in time-consuming civil proceedings unnecessary.

The declaration of joinder as a private prosecutor is possible at any stage of the proceedings (however, in most cases, it should be done as early as possible, i.e., during the investigation proceedings) and can also be withdrawn at any time.

A convicted defendant generally bears the costs incurred by the private prosecution after the proceedings.

Protection Against Violence

Have you become a victim of domestic violence or are you being stalked by another person? Do you hardly dare to leave your home for fear of encountering this person? Are you being insulted and threatened? In all these cases, we can apply for a court order for you under the Protection Against Violence Act.

Such an order under the Protection Against Violence Act is not only considered when something has actually already happened, but can also be applied for preventively. This makes it possible to prevent crimes against you or, if you have already become a victim of a crime, to protect you from further acts of violence.

After a successful application, the competent court can issue various orders. Within the framework of protection against violence, the respondent may be prohibited from the following actions (cf. § 1 para. 1 sentence 3 nos. 1 to 5 GewSchG):

Entering the applicant’s home,
Staying within a certain radius of the applicant’s home,
Visiting a specific place where the applicant regularly stays (e.g., the workplace),
Contacting the applicant (personally, in writing, by phone, through third parties, etc.).

In most cases, the decision is issued in the shortest possible time after the application is filed; the respondent is not heard in urgent proceedings, and no oral hearing takes place (unless the respondent requests an oral hearing after the order has been issued to present their side of the story).