Concept and Legal Definition of Crime Victims
Ein Crime Victims in the legal sense, is a natural person who has been directly or indirectly harmed by a criminal act, particularly a crime (§ 12 para. 1 StGB). The impact may manifest as physical, psychological, or material damage. In addition to the classic victim role in criminal proceedings, the term also includes relatives and survivors, such as in cases of homicide.
Under the German legal system, crime victims are not only participants in criminal proceedings but are also granted a range of special protective rights and support measures. The recognition of the victim’s role has led to a significant strengthening of legal, social, and organizational frameworks in recent decades.
Legal Basis and Protective Provisions for Crime Victims
Procedural Rights in Criminal Proceedings
Victim Status in Criminal Proceedings
Crime victims assume different roles in criminal proceedings. In particular, they have the following rights:
- Filing a Criminal Complaint: Any person may report a criminal offense. The victim themselves can be heard as a witness.
- Private Prosecution: Victims of certain offenses can join the prosecution as private prosecutors (§ 395 StPO).
- Adhesion Procedure: The victim can assert civil claims for damages or pain and suffering within the criminal proceedings (§§ 403-406c StPO).
- Witness Counsel: Victims of serious crimes are entitled to witness counsel (§ 68b StPO).
- Right to Refuse Testimony: Particularly in cases of close relationships to the accused (§ 52 StPO).
- Information Rights: Comprehensive information on rights and status of the proceedings (§ 406i StPO).
Special Protective Measures
To prevent retraumatization, the law provides for a wide range of protective measures:
- Exclusion of the Public: In cases involving the private sphere (§ 171b GVG).
- Video Testimony and Prevention of Offender Contact (§ 247a StPO).
- Psychosocial Court Support: Professional support throughout the entire criminal proceedings (§ 406g StPO).
Civil Law Claims by Crime Victims
Victims of crimes can assert civil law claims against the perpetrator (and, if applicable, against third parties), in particular:
- Claims for Damages: Compensation for material damage (§ 823 et seq. BGB).
- Compensation for Pain and Suffering: Compensation for immaterial damage (§ 253 BGB).
- Special Provisions for Bodily Injury: Compensation for future damages, medical treatment costs, loss of earnings, nursing care costs.
A successful outcome in criminal proceedings facilitates the enforcement of civil law claims, but does not generally replace separate civil proceedings.
State Compensation under the Victims Compensation Act (OEG) and SGB XIV
Victims Compensation Act
The OEG (now integrated into the Social Code, Book XIV – SGB XIV) provides for state compensation for victims of violent crimes, particularly crimes against physical integrity. A prerequisite, among others, is that the act took place on German territory and after the OEG entered into force.
Benefits include:
- Provision of medical treatment and rehabilitation
- Disability pension for ongoing health damages
- Benefits to survivors in cases of homicide
- Compensation for pain and suffering and other compensation (limited; extended under SGB XIV)
Victims of psychological violence, terrorist offenses, and certain sexual offenses are also entitled to benefits. A review of contributory negligence is provided; the perpetrator’s fault is irrelevant for state liability.
EU Victims Rights Directive
Implementation of the EU Victims Rights Directive (Directive 2012/29/EU) has harmonized the rights and claims of crime victims throughout Europe. The directive obliges member states to provide support services, confidential counseling, protection against further criminal acts, and comprehensive information on victims’ rights.
Social, Psychological and Other Support Services
Victim Support Services and Counseling Centers
Crime victims can access a wide range of counseling, support, and intervention services. These include:
- Counseling centers (e.g., run by non-profit organizations)
- Victim Protection Officers of the Police
- Intervention centers against domestic violence
These services provide psychosocial, legal, and practical assistance—from counseling after the incident to support during court proceedings.
Psychosocial Court Support
With the entry into force of the Act on Psychosocial Court Support, crime victims—especially particularly vulnerable groups such as children, adolescents, and victims of serious sexual offenses—are entitled to professional support in criminal proceedings. This measure is intended to facilitate victims’ participation in the proceedings, protect them against further victimization, and safeguard their rights.
Crime Victims in International Law and EU Law
Victim protection is also the subject of numerous international agreements and EU directives. The European Convention on the Compensation of Victims of Violent Crimes (CETS No. 116) obliges contracting states to provide compensation to victims of cross-border crimes. Cooperation in supporting nationals of other EU member states is now comprehensively regulated by law.
Statistical Recording and Significance in Social Context
The collection and evaluation of data on crime victims is regularly conducted via crime statistics, providing information on the number, gender, age, and type of victims. Of particular importance are the prevention of repeated victimization (“victimization”), the protection of especially vulnerable groups, and raising social awareness for the needs of crime victims.
Literature and Further Information
- Legal Texts: Criminal Code (StGB), Code of Criminal Procedure (StPO), Social Code XIV (SGB XIV)
- Federal Ministry of Justice: Brochures and online portals on victims’ rights
- Important Organizations: Weisser Ring e. V., Opferhilfe Deutschland, Bundesarbeitsgemeinschaft Opferhilfe
Summary: Crime victims are persons harmed by criminal acts and, under German law, receive comprehensive protective rights, compensation, and support. The legal basis ranges from procedural rights in criminal proceedings, state compensation under SGB XIV (formerly OEG), civil claims, to psychosocial assistance and international protection standards. Legal instruments are continually being modernized to provide effective victim protection and to improve the situation of persons affected by crimes.
Frequently Asked Questions
What rights do crime victims have in criminal proceedings?
Crime victims have a special status in criminal proceedings according to the Code of Criminal Procedure (StPO). They are entitled to a wide range of rights, such as the right to inspect files (§ 406e StPO), the right to be present during the main hearing, the right to information about the status of proceedings and certain court decisions, as well as the right to a lawyer for victims or to be assigned a psychosocial support person (§ 406g StPO). They also have the right to participate actively in the proceedings by way of private prosecution (§§ 395 et seq. StPO) and submit their own motions, such as for the taking of evidence. Furthermore, crime victims have the opportunity to assert claims for damages and pain and suffering in the adhesion procedure (§§ 403 et seq. StPO) directly within the criminal proceedings.
What compensation claims exist for victims of crimes?
Victims of crimes can assert various compensation claims. Central to this is the Victims Compensation Act (OEG), which provides for state compensation in cases of intentional, unlawful, violent assaults on health. Benefits include medical and hospital treatment, pension benefits, and other social assistance. In addition, civil claims for damages and compensation for pain and suffering against the perpetrator may exist under §§ 823 et seq. BGB. These can be enforced in adhesion proceedings or in civil court. Specific funds, such as the “Sexual Abuse Fund,” also provide financial assistance.
What options exist for legal aid for crime victims?
Crime victims can claim legal aid under simplified conditions. In particular, during private prosecution, in adhesive procedures, or as witness counsel, it is possible to obtain a lawyer at the state’s expense under § 397a StPO, provided the legal requirements—especially for serious offenses such as sexual assaults or bodily injury offenses—are met. The victim’s financial situation is taken into account, but the requirements are usually lowered in order to provide victims with comprehensive legal protection.
How are victims’ personal data protected in criminal proceedings?
The protection of victims’ personal rights is of key significance. For example, at the victim’s request, the court may order that certain personal information (name, address) be disclosed only in a limited way or not made public at all, pursuant to § 68 StPO. Victims may also request to be heard in the main hearing in the absence of the public (§ 171b GVG). In special cases, such as if the victim’s safety is at risk, witness protection measures may also apply.
Are victims entitled to free psychosocial court support?
Yes, in particular victims of serious violent and sexual offenses as well as children and adolescents have a legal right to free psychosocial support during criminal proceedings (§ 406g StPO). This support serves to provide the victim with professional assistance during investigations and the main proceedings and to offer emotional stabilization. Appointment is made upon request by the court and regardless of the victim’s financial circumstances.
Can crime victims be represented by a lawyer throughout the entire proceedings?
Crime victims have the opportunity to be represented by a lawyer throughout the entire proceedings, from the investigation phase to the conclusion of the criminal trial. In certain cases, such as serious offenses or under § 397a StPO, the lawyer will be assigned at the state’s expense. The lawyer undertakes tasks such as filing motions, exercising procedural rights, inspecting files, and providing legal advice in all matters relevant to the proceedings. Representation may also include asserting claims within the adhesion procedure.
