Definition and Objectives of Victim Protection
Victim protection encompasses all measures and legal instruments aimed at protecting, assisting, and strengthening the rights of individuals who have become victims of criminal offenses. The objective of victim protection is to prevent further harm to those affected, to provide appropriate assistance and compensation, and to ensure sensitive treatment within criminal and civil proceedings. The statutory foundations of victim protection in Germany are anchored in criminal law, criminal procedure law, and civil law, and are specified by numerous regulations and programs.
Historical Development of Victim Protection
The beginnings of modern victim protection in Germany date back to the 1970s, when the special need for protection of those affected became the focus of legal policy discussions for the first time. Since then, legislation has continually evolved to ensure that the status of the victim is no longer reduced to that of mere evidence, but instead grants them their own rights and entitlements.
Legal Foundations of Victim Protection
Victim Protection in Criminal Procedure Law
Criminal procedure law provides a variety of measures to protect the interests of injured parties:
Rights of Information and Participation
Victims of a crime have, among other things, the right to information about the status of the proceedings, such as through access to files or notifications about the discontinuation of proceedings (§ 406d StPO). With the accessory prosecution (§ 395 ff. StPO), private prosecution (§§ 374 ff. StPO), and the adhesion procedure (§ 403 ff. StPO), victims have avenues to actively participate in criminal proceedings and assert their civil claims within the criminal process.
Witness Protection and Special Protective Measures
To prevent further burdens, special regulations exist, such as the exclusion of the public (§§ 171b, 172 GVG), questioning in the absence of the accused (§ 247 StPO), or audiovisual questioning (§ 58a StPO). Particularly vulnerable persons, such as victims of sexual offenses or serious violent crimes, are entitled under certain conditions to receive psychosocial support during proceedings (§ 406g StPO).
Civil Law Victim Protection
Claims for damages and compensation for pain and suffering are the core of civil law victim protection under § 823 BGB (tort law). In the context of the adhesion procedure (§ 403 StPO), such claims can also be asserted directly within the criminal proceedings, sparing victims lengthy civil litigation.
Law on Victim Compensation
The Crime Victims’ Compensation Act (OEG) establishes a public-law claim to compensation for victims of violent crimes and their survivors in Germany. As of January 1, 2024, the OEG has been replaced by Social Code Book XIV, introducing new regulations for the scope of benefits and procedures for recognition, provision, and compensation of victims. Benefits include, among others, medical treatment, pensions, participation in working life, and survivor’s pensions.
Protection Against Stalking and Domestic Violence
Further central regulations can be found in the Protection Against Violence Act (GewSchG), which specifically provides protection against further assaults or harassment for victims of domestic violence. It enables court orders such as restraining orders, contact bans, and the allocation of the shared residence to the victim’s benefit (§ 1, 2 GewSchG).
Victims’ Rights in Criminal Proceedings
Rights During the Investigation Phase
Victims are entitled to various protective rights already during the investigation phase. This includes the right to written information about their rights and the proceedings, the right to inspect files, and the right to participate in certain procedural actions.
Accessory Prosecution and Participation in Proceedings
Through accessory prosecution, victims of particularly serious crimes such as sexual offenses, attempted homicide, or serious bodily injury can actively participate in the trial, ask questions, and submit motions for evidence (§ 395 StPO). This also includes the right to be accompanied by counsel throughout the proceedings, as well as the right to psychosocial support during the trial.
Witness Protection and Securing Proceedings
Victim protection in criminal proceedings provides special measures to ensure the protection of witnesses—especially children and victims of sexual or serious violence—such as video testimony, witness protection programs, or spatial separation from the accused (§§ 58a, 68b StPO).
Special Victim Protection Measures
Psychosocial Support in Proceedings
With the introduction of psychosocial support in proceedings (§ 406g StPO), an independent right was established for especially vulnerable groups of victims, such as children and adolescents in cases of sexual offenses. The goal is to provide emotional, social, and psychological support through qualified guidance during the criminal proceedings.
Victim Protection in International Instruments
International standards such as EU Directive 2012/29/EU (Victims’ Rights Directive) or the Istanbul Convention (Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence) oblige member states to implement comprehensive protective measures for victims and to establish corresponding rights and support services.
Victim Protection Organizations and Assistance
In addition to statutory provisions, there are numerous governmental and non-governmental institutions that provide counselling, support, accompaniment, and aid for victims. The most important include victim assistance centers, contact points at courts and police, as well as specialized advisory services.
Legal Consequences for Violating Victim Protection Provisions
The disregard or violation of victim protection rights can lead to procedural consequences, such as in cases of incorrect witness hearings. In addition, victims may assert claims for official liability if further damages arise due to omitted protective measures.
The Future of Victim Protection
The development of victim protection is shaped by constant adaptation to societal and legal changes. Modern challenges such as digital violence, international crimes, or new forms of domestic violence continue to lead to legislative extensions and more differentiated protection offerings.
Summary: Victim protection in Germany has seen comprehensive legal development. It extends across criminal procedure, civil, and public law and includes a wide range of statutory mechanisms for the protection, support, and participation of injured parties in legal proceedings. Alongside numerous special legislative innovations, victim protection is also shaped by international obligations and a far-reaching assistance system. Effective victim protection remains a central concern of German law.
Frequently Asked Questions
What rights to information and access to files do victims have in criminal proceedings?
Victims of a crime can, under certain conditions, request access to the case files in accordance with § 406e of the German Code of Criminal Procedure (StPO). This applies in particular to those with the status of accessory prosecutor or equivalent entitlements. The victim is entitled to information about the status and progress of criminal proceedings, but may receive full access to files if their interests outweigh the legitimate concerns of other parties. The decision regarding file access is generally made by the public prosecutor’s office or the court. The victim is legally entitled to information about the outcome of the proceedings and the bringing of public charges in the case of certain criminal offenses (§ 406d StPO). Overall, the legislator thus strengthens the legal position of injured parties and also allows for legal representation by a Rechtsanwalt to effectively assert claims. Restrictions apply particularly if there is an overriding interest of the accused, third parties, or ongoing investigations.
What types of procedural protection are available to victims?
Victims of crimes enjoy various protective options in criminal proceedings. These include witness counsel (§ 68b StPO), exclusion of the public (§ 171b GVG) during the testimony of particularly vulnerable persons, the confidentiality of personal data (§ 68 subs. 2-4 StPO), and the right to refuse testimony under certain circumstances (§ 52, § 53, § 55 StPO). Courts are obliged, especially in cases of sexualized or serious violent crimes, to proactively ensure victim protection, for example by ordering the physical separation of victim and perpetrator in the courtroom or conducting video testimony (§ 247a StPO). In cases of extraordinary need for protection, it is also possible to keep personal details or the current whereabouts secret.
Under what circumstances can a victim receive legal aid or a victim’s lawyer?
A victim may receive legal aid (Prozesskostenhilfe, PKH) in criminal proceedings if the financial requirements are met and the case is neither frivolous nor hopeless (§§ 114 ff. ZPO in conjunction with § 397a StPO). In cases of particularly serious crimes, such as sexual offenses or grievous bodily harm, the law provides for so-called psychosocial support in proceedings (§ 406g StPO) or legal assistance from a so-called victim’s lawyer either automatically or upon application. § 397a StPO stipulates that accessory prosecutors in certain cases are appointed their own Rechtsanwalt without bearing the costs. Such appointment is fundamentally possible without prior means testing in order to effectively uphold victims’ rights.
What forms of compensation are available for victims of crimes?
Victims of crimes have various legal avenues for compensation. In criminal proceedings, the so-called adhesion procedure (§§ 403 ff. StPO) can be used, allowing claims for damages and compensation for pain and suffering to be asserted directly in the criminal trial to avoid a separate civil action. Outside criminal proceedings, civil enforcement of claims is possible. Additionally, the Crime Victims’ Compensation Act (OEG) is relevant, which provides state benefits, particularly in cases of violent crime. The amount and conditions depend on whether a lasting health impairment has occurred and the economic circumstances of the victim.
What is an accessory prosecution and who is entitled to it?
The accessory prosecution (§ 395 StPO) allows the victim of a particularly serious crime (e.g., sexual offense, bodily harm, deprivation of liberty, homicide) to participate actively in the criminal proceedings. Accessory prosecutors have extensive rights: they may file motions for evidence, question witnesses and experts, file appeals, and are entitled to be present at the main hearing. The victim has the same rights as the public prosecutor, although the conduct of proceedings remains the responsibility of the prosecution. Entitled to accessory prosecution are, among others, direct injured parties and, in cases of homicide, close relatives.
What means of protection from the perpetrator exist outside criminal proceedings?
Irrespective of criminal proceedings, civil law protection is available. To protect the victim from further assaults, the Protection Against Violence Act (GewSchG) provides comprehensive measures. Upon application, the court may impose restrictions on contact and proximity, grant use of the shared residence, or order provisional protection measures against stalking. Enforcement is handled by the family court and violations may be prosecuted as a criminal offense (§ 4 GewSchG). Furthermore, interim injunctions under civil procedural law can provide urgent relief.
What obligations do authorities have in dealing with victims?
The German Code of Criminal Procedure obliges police, prosecution, and judiciary to show special consideration for victims (§ 406f StPO). They must inform the victim early and comprehensively about their rights and about help and counselling options. This includes the right to information about the status of proceedings, the right to a victim’s lawyer, and special protective measures. Especially vulnerable victims (children, individuals after sexual offenses) are to be treated with priority, and their burden is to be kept as low as possible. Authorities are responsible for implementing victim protection on a case-by-case and active basis and are accountable in the event of failures.
