Victim support

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:

— 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:

— 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

— 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:

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 .

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