Explanation of Terms and Legal Definition of the Injured Party in Criminal Proceedings
The term injured party refers in criminal proceedings to a person whose legal interests have been impaired by a criminal offense. The legal position of the injured party is elaborately defined by numerous regulations under criminal procedure law, particularly the German Code of Criminal Procedure (StPO). The injured party may be a natural or legal person, provided they have suffered direct harm or disadvantage as a result of the crime.
Distinction from Other Participants in Criminal Proceedings
The injured party is clearly distinguishable from other parties in the proceedings. In contrast to witnesses, who merely contribute to clarifying the facts, or the accused, against whom the proceedings are directed, the injured party, due to their own affectedness by the offense, is endowed with specific rights in criminal proceedings. The injured party differs from victims in a broader sense in that their legal interests were directly violated; merely indirect economic disadvantages are not sufficient for the status of injured party.
Legal Standing and Participatory Rights of the Injured Party in Criminal Proceedings
1. Rights to Be Heard and Informed
According to § 406d StPO, the injured party has the right to be informed about essential stages of the proceedings, such as the discontinuation of proceedings or the bringing of a public charge. Furthermore, they have a right to access files, which, under § 406e StPO, is subject to certain restrictions in order to safeguard the purpose of the investigation and the overriding interests of the accused.
2. Right to File a Complaint and Participation in the Investigation
The injured party may file a criminal complaint and actively participate in the course of prosecution. If the public prosecutor intends to discontinue proceedings (§ 170 (2) StPO), the injured party has a right to be notified and, where applicable, the possibility to lodge a complaint against this decision (§ 172 StPO – Compulsory Prosecution Proceedings).
3. Private Accessory Prosecution (§§ 395 et seq. StPO)
In certain cases, the injured party has the right to join the criminal proceedings as a private accessory prosecutor. Accessory prosecution grants the injured party expanded rights of participation, in particular the right to file motions, present evidence, and lodge appeals during the main hearing as the public prosecutor does. Typical offenses that permit accessory prosecution are crimes against bodily integrity, sexual self-determination, and personal freedom.
Requirements and Effects of Accessory Prosecution
The admission of accessory prosecution requires that the injured party has been affected by certain criminal offenses, such as bodily injury offenses (§§ 223 et seq. StGB). Participation as a private prosecutor generally requires a formal application. Once admitted, the injured party attains the status of a party in the main proceedings and can actively represent their interests throughout.
4. Adhesion Procedure (§§ 403 et seq. StPO)
The so-called adhesion procedure enables the injured party to assert civil-law claims—especially compensation for damages or pain and suffering—within the framework of the criminal proceedings. This offers the advantage that civil claims may be enforced without a separate court action, provided the criminal court decides on them. However, the court is entitled to reject the application for adhesion proceedings if the facts are not sufficiently clarified.
5. Other Rights and Protective Provisions
In addition to the rights mentioned above, injured parties are granted special protection in criminal proceedings. These include protective measures against unreasonable burdens (§ 406h StPO), particularly in cases of offenses against sexual self-determination or where the injured party is a minor. Such measures may include the exclusion of the public or taking testimony in the absence of the defendant.
Moreover, the injured party is entitled to translation and interpreting services if they do not speak German. Assistance may also include psychosocial support during proceedings involving particularly serious offenses.
Duties and Risks of the Injured Party in Criminal Proceedings
The status as an injured party in criminal proceedings generally does not entail special obligations. If the injured party is also a witness, they are bound by the general duty to testify. However, participation as an accessory prosecutor or in the adhesion procedure may involve material risks, especially in the event of losing the case, since legal costs may arise or be imposed.
Conclusion and Summary
The role of the injured party in criminal proceedings is characterized by a balanced system of participatory rights and protective provisions. These range from fundamental rights to information and file access, the opportunity to join the proceedings as a private prosecutor or through the adhesion procedure, up to special safeguards in cases of sensitive criminal offenses. The legislator thereby ensures that individuals whose legal interests have been violated by criminal acts can participate in the proceedings and effectively assert their interests. The legal position of the injured party is a central component of German criminal procedure law and makes a significant contribution to victim protection and the safeguarding of procedural fairness.
Frequently Asked Questions
What rights does the injured party have in criminal proceedings?
Injured parties are entitled to a wide range of rights in criminal proceedings, which vary depending on the stage of proceedings and their personal involvement. Chief among these are the right to be informed about the outcome of the case and important procedural actions (§ 406d StPO), to testify as a witness, and to request access to the files through legal counsel (§ 406e StPO). They may attend the main hearing, unless they are being questioned as a witness or exclusion is necessary to protect the accused or for other significant reasons (§ 397 StPO). Injured parties may also be assigned a victim lawyer under certain conditions, such as in cases of particularly serious offenses under § 397a StPO. Regarding the assertion of claims, the submission of evidentiary motions, or applications for accessory prosecution, they may actively participate in the proceedings.
Under what circumstances can the injured party appear as a private accessory prosecutor in criminal proceedings?
The injured party may join criminal proceedings as a private accessory prosecutor if certain offenses are at issue that generally concern significant personal legal interests, such as life, bodily integrity, sexual self-determination, or personal freedom (§ 395 StPO). The prerequisite for accessory prosecution is a written application to the court, and in individual cases, separate admission may be required. The private prosecutor has extensive participatory powers, including the right to ask questions, file motions (motions for evidence or procedural motions), lodge appeals, and—in serious cases and under certain conditions—be assisted by their own legal counsel (victim lawyer).
What claims can the injured party assert in criminal proceedings?
The injured party has the option of claiming damages and compensation for pain and suffering in criminal proceedings through the so-called adhesion procedure (§§ 403 et seq. StPO). This means that civil-law claims can be addressed in the same proceedings as the prosecution of the offender, without being referred to separate civil proceedings. The prerequisite is submission of a written application no later than the start of the main hearing. The claimant must sufficiently demonstrate the amount and grounds for the claims. The court decides on the claims by order or judgment, provided they are ready for decision.
How is the injured party informed about the proceedings in criminal cases?
The injured party is informed in accordance with § 406d StPO about specific procedural steps, particularly the commencement and outcome of proceedings, discontinuation of the case, indictment, dismissal due to minor guilt, as well as on the dates of main hearings. They are also advised, for example, of their right to institute accessory prosecution or to request access to files. Notification duties also exist upon the release from custody or escape of the accused, provided the injured party has demonstrated a legitimate interest.
What options does the injured party have to contest the discontinuation of criminal proceedings?
If criminal proceedings are discontinued, the injured party has various legal remedies and complaints available, particularly the so-called compulsory prosecution procedure under § 172 StPO, depending on the circumstances. For this, following a prior formal complaint (objection under § 172 (1) StPO), they may apply to the Higher Regional Court for a formal judicial decision on the bringing of charges. The prerequisites are that the offense is a felony, or there is a special public interest in prosecution, and the injured party is adversely affected by the discontinuation. The conditions and procedure are strictly regulated and subject to certain deadlines and formal requirements.
What role does legal counsel (victim lawyer) play for the injured party in criminal proceedings?
Legal counsel acts as the representative of the injured party in criminal proceedings and aids them in asserting their rights. Under certain conditions, particularly in cases of serious offenses such as sexual crimes or severe bodily injury, the injured party may apply for the appointment of a so-called victim lawyer (§ 397a StPO). The victim lawyer can request access to files, support the injured party at all stages of proceedings, file independent motions, submit appeals, and thus ensures effective representation of the injured interests, especially in psychologically demanding proceedings.
Can the injured party access the case files in criminal proceedings?
The injured party is generally entitled to access the files through a lawyer pursuant to § 406e StPO. The prerequisite is a legitimate interest, which is regularly presumed if claims are to be asserted or the exercise of rights (such as accessory prosecution or adhesion proceedings) is expected. Comprehensive access may not be granted if it would compromise the interests worthy of protection of the accused or third parties or would endanger the purpose of the investigation. The decision rests with the public prosecutor’s office or the court. Objections and possible exclusions must always be examined and weighed on a case-by-case basis.
