As a victim of a criminal offence, there is the possibility of legal advice and representation. This also applies to relatives of a person who has been killed by a criminal offence. There will usually be a claim for damages against the perpetrator, who must also reimburse the fees of the lawyer hired by the victim (or the relatives). However, this is useless if the perpetrator has no attachable assets or income.
Organizations for the protection of victims, such as Weisser Ring , grant counseling checks for initial legal counseling upon request, which cover the costs of counseling with a lawyer. You can inquire about details there .
The rules of procedure for the respective court proceedings provide for the possibility of the fees for the legal work of the victim representative being taken over by the state treasury/state treasury.
Criminal proceedings
In the preliminary proceedings and the subsequent criminal proceedings against the perpetrator, the victim (or the relatives) can be advised and represented by a lawyer as counsel. The lawyer can act as witness counsel or a representative of a private accessory prosecutor and/or assert pecuniary claims (e.g. compensation for pain and suffering) with a so-called adhesion action.
— Pursuant to Section 397a of the Code of Criminal Procedure, there is a regular right to have a lawyer appointed as legal counsel if the victim is affected by one of the following criminal offences:
- serious sexual abuse of children according to § 176 a StGB
- sexual assault or rape according to § 177 StGB
- sexual abuse of persons unable to resist according to § 179 StGB
- Human trafficking for the purpose of sexual exploitation according to § 232 StGB
- Human trafficking for the purpose of labor exploitation according to § 233 StGB
- attempted murder according to § 211 StGB
- attempted manslaughter according to § 212 StGB
- if the offense is serious physical or mental
- damage has resulted or is likely to result in
- serious bodily harm according to § 226 StGB
- Kidnapping according to § 234 StGB
- Kidnapping according to § 234 a StGB
- Deprivation of minors according to § 235 StGB
- Re-enactment according to § 238 StGB
- deprivation of liberty according to § 239 StGB
- extortionate kidnapping according to § 239 a StGB
- Taking of hostages according to § 239 b StGB
- Robbery according to § 249 StGB
- aggravated robbery according to § 250 StGB
- robbery theft according to § 252 StGB
- predatory extortion according to § 255 StGB or
- predatory attack on drivers according to § 316 a StGB
— According to § 397a StPO , relatives (children, parents, siblings, spouses or life partners) of a person who has died as a result of an illegal act are entitled to appoint a lawyer as legal counsel.
— Children and young people who are not yet 18 years old when the application is made, but also victims who are unable to adequately represent their interests themselves, are entitled to have a lawyer appointed as legal counsel under Section 397a StPO if they are affected by one of the following criminal offences are:
- sexual abuse of wards according to § 174 StGB
- sexual abuse of prisoners, detained by the authorities
- or sick and needy in institutions
- according to § 174 a StGB
- sexual abuse using an official position according to § 174 b StGB
- sexual abuse using a counseling, treatment
- or caregiver relationship according to § 174 c StGB
- sexual abuse of children according to § 176 StGB
- serious sexual abuse of children according to § 176 a StGB
- sexual assault or rape according to § 177 StGB
- sexual abuse of persons unable to resist according to § 179 StGB
- Promotion of sexual acts by minors according to § 180 StGB
- Exploitation of prostitutes according to § 180 a StGB
- Pimping according to § 181 a StGB
- Sexual abuse of young people according to § 182 StGB
- Suspension according to § 221 StGB
- Mistreatment of wards according to § 225 StGB
- serious bodily harm according to § 226 StGB
- Human trafficking for the purpose of sexual exploitation according to § 232 StGB
- Human trafficking for the purpose of labor exploitation according to § 233 StGB
- Kidnapping according to § 234 StGB
- Kidnapping according to § 234 a StGB
- Deprivation of minors according to § 235 StGB
- serious cases of reenactment § 238 para. 2 StGB or § 238 para. 3 StGB
- deprivation of liberty according to § 239 StGB
- extortionate kidnapping according to § 239 a StGB
- Taking of hostages according to § 239 b StGB
- severe cases of duress § 240 para. 4 StGB
- such as forced marriage, abortion
- Robbery according to 249 StGB
- aggravated robbery according to § 250 StGB
- robbery theft according to § 252 StGB
- predatory extortion according to § 255 StGB or
- predatory attack on drivers according to § 316 a StGB
— Insofar as a claim for assignment is not possible according to the above options, the victim can § 397 a para. 2 StPO Apply for legal aid if you cannot adequately represent your interests yourself or if you cannot reasonably be expected to do so.
On the one hand, this applies to victims of criminal offenses under the aforementioned provisions, insofar as there is exceptionally no right to be assigned, but also to victims of
- Bodily harm according to § 223 StGB
- dangerous bodily harm according to § 224 StGB or
- the in § 395 para. 1 No. 4 – 6 StPO listed crimes.
— Finally, legal aid can also be used with the in § 395 para. 3 StPO criminal offenses mentioned may be applied for if the victim is unable to adequately protect his/her interests or cannot be expected to do so and if this appears necessary to protect his/her interests for special reasons, in particular because of the serious consequences of the crime. Specifically, the offenses are as follows:
- Insult according to § 185 StGB
- Defamation according to § 186 StGB
- Defamation according to § 187 StGB
- Defamation and slander against political figures
- Life according to § 188 StGB
- Denigration of the memory of the deceased according to § 189 StGB
- negligent bodily harm according to § 229 StGB
- Burglary according to § 244 para. 1 No. 3 StGB
- Robbery according to § 249 StGB
- aggravated robbery according to § 250 StGB
- robbery theft according to § 252 StGB
- Extortion according to § 253 StGB
- predatory extortion according to § 255 StGB or
- predatory attack on drivers according to § 316 a StGB
Civil proceedings
In civil proceedings against the perpetrator for damages, compensation for pain and suffering, etc., there is the possibility of applying for legal aid under the conditions of §§ 114 et seq. ZPO .
- Victim Compensation Procedure
According to § 7 OEG in conjunction with § 73 a SGG, the provisions of the Code of Civil Procedure on the approval of legal aid are to be applied to court proceedings regarding benefits under the Victims Compensation Act. There is therefore the possibility of applying for legal aid under the conditions of §§ 114 et seq. ZPO .
Arrange a meeting with us. We will be happy to clarify all pending questions with you in detail and at your leisure.