Third Parties | Bedeutung & Erklärung

Concept and definition of secondary participants

The term secondary participants describes, under German law, persons or institutions who, in addition to the main parties, are involved in a specific legal relationship, legal dispute, or administrative proceeding. Their legal status, rights and obligations, as well as their opportunities to participate, are a relevant topic across various procedural rules and areas of the law. Secondary participants differ from the parties in the main proceedings in that they may have their own objective or subjective interests in the outcome of the proceedings, but are not the principal subject of the legal relationship to be decided.

Secondary participants in administrative proceedings

General position

Under German administrative law, in addition to the main parties (such as applicants and authorities), secondary participants are also involved in administrative procedures. Secondary participants are persons or entities whose legal interests may also be affected by an administrative act. The statutory foundations for this are set out in particular in the Administrative Procedure Acts of the Federation (§ 13 VwVfG) and the federal states.

Rights and obligations

In administrative procedures, secondary participants can exercise numerous rights:

Hearing: They must be heard if their rights or interests are affected by the administrative act (§ 28 VwVfG).
Access to files: Secondary participants are entitled to access to files under certain conditions (§ 29 VwVfG).
Remedies: In principle, secondary participants are entitled to legal remedies such as objections or lawsuits, provided that their own rights are affected.

At the same time, obligations also exist, such as the duty to cooperate (e.g. providing documents) and the duty to present facts truthfully.

Examples

Typical cases of secondary participation include neighbors in building permit procedures, third parties in licensing decisions, or relatives in public law disputes over social benefits.

Secondary participants in civil and criminal proceedings

Secondary participants in civil proceedings

In civil proceedings, the term secondary participants does not constitute an independent legal category in the Code of Civil Procedure. In practice, however, the function and position of secondary participants are similar to the so-called third-party intervener (§§ 66 ff. ZPO). The third-party intervener represents the interests of a party to the proceedings and can be indirectly affected by a decision on the main issue.

Differences from third-party intervener

The third-party intervener is not a party themselves in the legal sense, but supports a party in the proceedings. In a wider sense, secondary participants can also be persons who, although not a direct party, are nevertheless affected by the decision, such as owners of neighboring properties in so-called neighbor law disputes.

Secondary participants in criminal proceedings

In criminal proceedings, the term secondary participants refers to those persons whose rights and interests are affected by the main criminal trial or by an ancillary decision. The most well-known example is the confiscation (§ 111i StPO), in which financial secondary participants are included in order to assert ownership of seized items or to defend themselves against impending asset confiscation.

Furthermore, in criminal proceedings, the accessory prosecution—i.e., the victim’s direct right to participate—must be distinguished: secondary participants generally do not have the status of accessory prosecutors, but are only affected by ancillary decisions.

Secondary participants in administrative court proceedings

In administrative court proceedings (§ 65 VwGO), the term joined parties is used, which corresponds to secondary participants within the meaning of administrative proceedings. Joined parties are included in court proceedings because the decision could affect their rights or the proceedings could have an impact on their legal position.

Legal status of joined parties

Joined parties (secondary participants in the administrative procedural sense) have the following rights:

Application for judicial decision
Right to submit applications, statements, and participate in proceedings
Partial status similar to a party: They receive a status similar to that of a party, particularly regarding the legal effect of the court’s decision,
Cost involvement: Under certain circumstances, they may be required to pay costs.

Distinction from other persons involved

Secondary participants must be clearly distinguished from main parties (parties) and formal participants:

Main parties: Holders or addressees of the relevant legal relationship.
Formal participants: Persons whose participation is required but who derive no substantive rights or obligations from the proceedings.
secondary participants: Have their own legal or factual interest, but are not the main addressees of the decision.

Significance and purpose of secondary participation

Secondary participation serves to protect the legal interests of third parties, for comprehensive fact-finding, and for avoiding subsequent proceedings. It helps ensure that, in administrative procedures, court proceedings, and official decisions, all affected interests are comprehensively taken into account and the impact on the rights of third parties is safeguarded.

Overview: Secondary participants in various procedural rules

Conclusion

Secondary participants play an essential role in German law by extending protection beyond the immediate parties. Their legal structuring ensures that all interests potentially affected by a decision are considered. Procedural codes contain differentiated rules that provide participatory opportunities, protective mechanisms, and obligations for secondary participants, thereby ensuring orderly proceedings and comprehensive legal protection.

Frequently Asked Questions

What rights do secondary participants have in criminal proceedings?

Secondary participants in criminal proceedings—often legal or natural persons who are not themselves accused but are directly affected by a criminal measure—possess a range of rights. These include, in particular, the right to be heard, so that they can comment on measures affecting them (e.g., confiscation of assets). They have the right to inspect files to the extent that their interests are concerned and insofar as there are no overriding interests of third parties or law enforcement. Furthermore, they may file legal remedies against certain measures, such as seizures or orders for asset confiscation, thereby obtaining legal protection from the courts. Secondary participants are also informed about the proceedings and their options for participation, may file applications to present evidence, and may participate in oral hearings to the extent necessary to protect their rights.

How and when does a person become a secondary participant in proceedings?

Participation as a secondary participant generally occurs when, in criminal proceedings, measures are threatened that directly infringe the rights of third parties who are not themselves accused. This frequently concerns cases such as confiscation, seizure, or attachment of assets that legally belong to someone other than the accused. The decision on secondary participation is made by the court, usually under § 424 StPO (Code of Criminal Procedure). The affected parties are formally informed by the court or public prosecutor’s office about their status as secondary participants and invited to comment before a measure is decided.

What legal defenses are available to secondary participants?

Secondary participants in criminal proceedings can exercise comprehensive defense rights. In particular, they may engage a lawyer to request file access, submit written pleadings, and file motions on their behalf. They may file motions to present evidence to prove the unlawfulness of measures directed against them. They may also challenge adverse decisions through legal remedies, for example by appealing against precautionary measures or against an order for confiscation in court. Their procedural status thus gives them access to judicial protection against directly adverse measures.

Which duties and requirements for cooperation apply to secondary participants?

Secondary participants, unlike accused persons, are generally not obliged to actively cooperate. In particular, they are not required to contribute to their own incrimination or to provide information that could jeopardize their rights. However, they are required to provide truthful information when making statements in the proceedings, as intentionally false statements can have criminal consequences. If documents or evidence required to clarify ownership (for example, in the context of confiscation) are available to them, they are obliged to present these upon official or judicial request.

In which types of proceedings can secondary participants be involved?

Secondary participants are typically found in criminal proceedings, especially in the context of asset recovery, confiscation, seizure, or attachment. Their status as secondary participants is also relevant in regulatory offense proceedings where confiscation is possible. In execution of sentence proceedings or in connection with property arrests, secondary participants such as owners of assets may also be involved, even if they are not themselves prosecuted but are affected by criminal seizure.

Can secondary participants also refuse their participation in the proceedings?

The status as a secondary participant arises by operation of law when a criminal measure is taken against the assets or rights of third parties. The affected person may exercise their rights or decide not to file any applications, but they cannot “refuse” their participation or avert it merely by expressing such a wish. The legal protection mechanism is intended for their benefit. However, they may waive their right to participate by choosing not to exercise their rights. If they do not respond, decisions may be made without their involvement.

What is the significance of secondary participation in connection with asset confiscation?

Within the scope of asset confiscation, the status of secondary participants has particular significance. Here, the law protects secondary participants from unjustified interference with their assets. For example, the owner of an item that is secured and confiscated in criminal proceedings is usually given the opportunity to assert their rights. They may present proof of ownership, raise objections to the confiscation, and defend themselves in court. Without the consideration of the rights of secondary participants, measures for asset recovery and confiscation would often be disproportionate and could lead to serious violations of rights.