Adhesion Procedure

The adhesion procedure allows persons affected by a crime to claim compensation for damages or for pain and suffering directly in the criminal proceedings, without having to initiate civil proceedings for this purpose.

Appeal on points of fact and law

If parties to proceedings disagree with a court judgment, they can, under specific circumstances, file an appeal on points of fact and law against it. The case is then reviewed by the next higher court. If an appeal on points of fact and law is filed, this allows for new evidence to be gathered – unlike in the case of an appeal on points of law only. The latter merely involves a review of whether the lower court made any legal or procedural errors in reaching its judgment.

Appeal on points of law only

After a judgment has been passed,an appeal on points of law only may be filed against it. On appeal, the court examines whether the lower court made any legal or procedural errors in reaching its judgment. In contrast to an appeal on points of fact and law, an appeal on points of law only does not involve taking new evidence.

Attorneys

see Lawyers

Bodily injury

A bodily injury is damage resulting from physical abuse or health damage. However, psychological violence may also constitute the offence of bodily injury. The law provides for various types of bodily injury: simple bodily injury (section 223 of the Criminal Code), dangerous bodily injury (section 224) and bodily injury resulting in death (section 227). Bodily injury may be committed intentionally or negligently.

Civil proceedings

The law distinguishes between civil and criminal proceedings. The purpose of civil proceedings is to resolve matters among citizens regarding their respective rights, whereas the purpose of criminal proceedings is to assert the state's right to punish criminal offences. The two procedures are governed by different rules which are laid down in the respective procedural codes.

Coercion

If a person compels another person to act in a certain way, and in doing so, either uses force or threatens harm, this is referred to as coercion (section 240 of the Criminal Code). But not every case of coercion is unlawful. Coercion is unlawful if the means used are disproportionate to the intended purpose.

Compensation

Compensation is a payment made by the state to compensate for disadvantages or constraints suffered. Regarding persons affected by violent crimes, compensation for health damage is governed by the Crime Victims Compensation Act (Opferentschädigungsgesetz).

Compensation for pain and suffering

Compensation for pain and suffering is intended to compensate injured persons for the pain and suffering they have endured. They may be awarded compensation for pain and suffering in civil proceedings. In criminal proceedings, this is possible by way of initiating a so-called adhesion procedure.

Court-appointed defence attorney

Persons accused of a criminal offence can have a lawyer represent them. In some cases, they are allowed to defend themselves. If accused persons do not choose a lawyer themselves and if they are not allowed to defend themselves due to the severity of the offence or for other reasons, the court appoints a lawyer for them.

Criminal complaint

Anyone who is affected by or becomes aware of a criminal offence can file a criminal complaint. In most cases, this is done orally at a police station, but it is also possible to file a criminal complaint online or to contact the public prosecutor's office directly in writing.

Criminal damage to property

If someone intentionally damages or destroys an object belonging to another person, this is referred to as criminal damage to property. This includes cases where someone permanently and considerably changes the appearance of an object, e.g. by painting it illegally.

Criminal Proceedings

The legal basis for criminal proceedings is the Code of Criminal Procedure (Strafprozessordnung, StPO). For juveniles (14 to 17 years at the time of the offence) and young adults (18 to 20 years at the time of the offence), the provisions of the Juvenile Courts Act (Jugendgerichtsgesetz, JGG) apply in addition to that. In most cases, criminal proceedings start out with an initial suspicion. The police and the public prosecutor's office investigate the case and, if there is sufficient evidence, the public prosecutor's office files an indictment. Then, the court has to decide whether to admit the case for trial and whether to open so-called “main proceedings.” Unlike in civil proceedings, which mostly involve two individuals litigating a dispute in court, in criminal proceedings it is the public prosecutor’s office which, based on evidence, indicts one or more accused persons. You can find more information on the rights of injured an aggrieved persons here in the Guide for victims.

Evidence

Evidence proves that a fact is accurate. For instance, witness statements, expert opinions or documents may serve as evidence.

Insult

Insult is defined as the expression of contempt towards another person. An insult can be committed both orally or in writing - including via the Internet. It is punishable by imprisonment of up to one year or by a fine (section 185 of the Criminal Code).

Investigative proceedings

Investigative proceedings are initiated if an initial suspicion exists, for example following a criminal complaint. On behalf of the public prosecutor's office, the police question witnesses to a given criminal offence and gather evidence. In doing so, they can, for example, seize objects and data, place the accused person under surveillance or obtain information on him or her. If there is sufficient evidence, the accused person may be indicted. If the evidence is insufficient, however, the investigative proceedings can be discontinued.

Judges

A judge takes a decision on a legal dispute at the end of a court proceeding. This decision may be a judgment. Judges studied law at university and completed legal preparatory training. They are public officials, and they are neutral and independent in their decision-making. They are bound only by law and justice.

Juvenile criminal law

Juvenile criminal law governs how to deal with juveniles (14 to 17 years at the time of the offence) and, under specific circumstances, with young adults (18 to 21 years at the time of the offence), who are accused of criminal offences. In Germany, the minimum age of criminal responsibility is 14. In addition to special procedural provisions, juvenile criminal in particular provides for more diverse responses and sentencing possibilities than adult criminal law. Its focus is not so much on punishment but mainly on preventing further criminal offences and on the idea of socio-education. Nevertheless, it is still possible to impose juvenile custody sentences which last for a considerable number of years.

Lawyers

Lawyers provide advice on all legal questions. In criminal proceedings, for example, they act as legal counsel for the defendant(s). But a lawyer can also represent persons affected by a criminal offence. This is useful particularly if the persons affected or their family members appear in court not only as witnesses but also as private accessory prosecutors.

Lay judges

Lay judges are honorary judges who participate in criminal proceedings. As a rule, they do not have legal training. They have the same voting rights as professional judges and decide jointly with them whether the defendant in a criminal trial is guilty or not and, if applicable, on the sentence to be imposed. They are elected every five years. For this purpose, each municipality draws up a list of suitable nominees. An election commission then elects the lay judges. Prior to their first service, they are sworn in. Just like professional judges, they are independent.

Legal aid

Participants in proceedings who cannot afford to pay for the costs of the proceedings, or only for part of them, can file a motion for legal aid. Legal aid covers both court costs and attorney fees. The court decides whether a person is entitled to legal aid.

Oath

An oath is a binding statement by a person affirming that he or she is telling the truth. Witnesses in court are not always placed under oath, and if they are, this is done at the end of their testimony. Prior to placing a testifying person under oath, the judge asks whether he or she wishes to rectify or correct anything. Any false testimony given before a court is punishable. Giving false testimony under oath (perjury) even carries a minimum term of imprisonment of one year. Giving false testimony while not under oath also constitutes a criminal offence.

Obligation to tell the truth

Persons testifying to the police or before a court must tell the truth. Giving false testimony before a court is punishable. Perjury, i.e. giving false testimony while under oath, carries an even more severe penalty. This does not apply to the accused person, however, who has the right to remain silent and is not obliged to tell the truth. Giving false testimony to the police may also result in criminal prosecution.

Post-traumatic stress disorder

Post-traumatic stress disorder (PTSD) is a mental disorder which may occur following extremely stressful events or experiences. These include, for example, rape, war and other violence as well as accidents/disasters or severe illness. Post-traumatic stress disorders can also occur in persons who were not directly exposed to the threatening event themselves, but who witnessed it happening to other people. Symptoms include repeated burdensome memories of the event or feelings of anxiety. Persons suffering from PTSD should get psychological help as quickly as possible. You can find information on psychological support here.

Private accessory prosecution

As a rule, persons affected by criminal offences participate in the ensuing trial as witnesses. Under certain conditions, those affected can also participate in the trial as private accessory prosecutors. Private accessory prosecution is possible for specific criminal offences such as bodily injury, trafficking in human beings, or sexual offences, but also in cases concerning other criminal offences, for instance, if the persons affected suffer from serious consequences as a result of the offence. In addition, bereaved family members of persons who died as a result of a criminal offence can participate in the proceedings as private accessory prosecutors. If the accused person is under the age of 18, private accessory prosecution is possible only in the case of particularly serious offences. Private accessory prosecutors are not obliged to participate in the trial. However, they have more rights: For, instance, they (and/or their lawyers) are entitled to be present during the entire trial, they may submit evidentiary motions, they are informed of the decisions taken by the court, and they may, under certain conditions, lodge an appeal following a judgment. Upon their request, private accessory prosecutors who are affected by specific, particularly serious crimes or who are bereaved family members of persons killed as a result of criminal offences, are appointed legal counsel free of charge. Under certain circumstances, they are also entitled to psychosocial support in court proceedings – likewise free of charge. It is advisable to seek legal advice before joining the proceedings as a private accessory prosecutor, which requires a written declaration to that effect to be made to the court.

Probation

In cases concerning offences below a certain level of severity, the court may decide to initially suspend the prison sentence on probation. This means that for the time being, the convicted person does not have to start serving his or her prison sentence. Probation is possible in the case of prison sentences of up to one year, in exceptional cases of up to two years. In order for it to be granted, the court must assume that the convicted person will not commit any further criminal offences although not imprisoned. Following a period of two to five years (probation period) and provided the convicted person has not committed any further criminal offences, the sentence may be waived. Under juvenile criminal law, some different preconditions for suspending a juvenile custody sentence on probation apply, as well as different time periods than those referred to above. In addition, any person sentenced to juvenile custody suspended on probation is assigned a probation officer. If a prison sentence imposed under adult criminal law is suspended on probation, a probation offer may be assigned; however, this is not mandatory.

Psychosocial support in court proceedings

Persons affected by a criminal offence can obtain psychosocial support of and be accompanied by advocates in all stages of the criminal proceedings. Psychosocial support in court proceedings is a particularly intensive form of non-legal support available prior, during and after the trial. It is provided by specially trained professionals. For minor victims of sexual or violent crimes as well as for particularly vulnerable adult victims of serious violent or sexual offences this support will be provided free of charge.

Public prosecutor's office

Initially, public prosecutors direct the investigative proceedings. They are obliged to secure both incriminating and exculpatory evidence in a given case. The public prosecutor's office then determines when the investigative proceedings are concluded and whether to bring an indictment against the accused person(s) or to discontinue the proceedings. In court, the representative of the public prosecutor's office reads out the charges and may ask the witnesses questions and present evidence. He or she also makes a closing statement. If the public prosecutor's office disagrees with the court judgment, it may file an appeal on points of fact and law or an appeal on points of law only.

The public prosecutor's office is also responsible for monitoring the execution of sentences. This includes, for instance, ensuring that the convicted person actually commences his or her prison sentence or pays his or her fine.

Questioning

Persons who are supposed to testify are summoned for questioning. As a rule, the police carries out the initial questioning on behalf of the public prosecutor's office. First, personal questions and then questions about the facts are asked. In addition, persons may, for example, be questioned by investigating judges at the investigative stage, or examined as witnesses at trial. In criminal proceedings, there is an obligation to testify. This means that witnesses must testify unless they are closely related or related by marriage to the suspect, unless they are entitled to refuse to testify for other reasons (e.g. doctors, lawyers, journalists), or unless their testimony would incriminate themselves or family members.

Request to prosecute

By filing a request to prosecute, the persons affected explicitly declare that they wish for their case to be prosecuted. In the case of “lesser” offences, e.g. trespassing or insult, the law requires such a request to be filed in order for them to be prosecuted at all. A request to prosecute must be filed within a time limit of three months. This time limit begins to run on the date the person affected first became aware of the crime and the identity of the offender. If the person affected fails to comply with the time limit for filing the request or does not file one at all, the public prosecutor's office and the police are allowed to investigate only in exceptional cases. An exceptional case may exist, for example, if there is a special public interest in criminal prosecution. You can find more information here.

Restitution for damage caused

Persons convicted in a criminal trial may be ordered by the court to make restitution for the damage caused to the persons affected. Regarding restitution for damage and compensation, see also “victim-offender mediation”, “Victims Compensation Act”, “adhesion procedure” and “settlement”.

Right to refuse testimony

In certain cases, witnesses have the right to refuse to testify and are thus not obliged to make any statements. This is the case, for instance, if they are closely related or related by marriage to the alleged offender. In addition, members of certain professions have the right to refuse to testify (e.g. doctors, lawyers, journalists).

Settlement

If persons affected by a criminal offence file a motion for compensation for damages or for pain and suffering in civil proceedings, a settlement may be an option to resolve the issue. Alternatively, those affected and the defendant(s) can agree on a settlement during the criminal trial, on the basis of a so-called adhesion procedure. If both parties, i.e. both the affected person and the defendant file concurrent motions for a settlement (e.g. as regarding the amount of the compensation for pain and suffering), the court makes a finding that a settlement has been reached. Upon the parties’ request, the court can also make its own settlement proposal. The conclusion of a settlement ends the dispute.
As an alternative to filing a lawsuit or moving for compensation in an adhesion procedure, persons affected may, in suitable cases, conclude a reparation agreement with the offender by way of voluntary victim-offender mediation.

Threat

If a person threatens another person with a criminal offence, such as killing that person, this may be punishable under section 241 of the Criminal Code (Strafgesetzbuch, StGB). Threat is punishable by imprisonment of up to one year or by a fine.

Trauma

Trauma is the response to a deeply distressing event of such a drastic nature that it often overwhelms the affected persons’ ability to cope on their own. Frequently, trauma is the result of violence experienced, but it may also occur following accidents or other strokes of fate. The term “trauma” is derived from Greek and means “wound.” It primarily describes a mental or emotional injury which, however, may quite possibly have psychosomatic effects as well.

Victim-offender mediation

Victim-offender mediation is not carried out in court but, for instance, by a conciliation body. In suitable cases, victim-offender mediation may result in the persons affected by a criminal offence concluding a reparations agreement with the offender. For this purpose, the mediator or conciliator generally as a first step talks to the affected persons and the offender separately, and then prepares a joint mediation session. Victim-offender mediation is not initiated without the consent of those affected. Affected persons interested in such a process can contact the public prosecutor's office, a conciliation body or other bodies dealing with victim-offender mediation. The results of any victim-offender mediation must be taken into account in the criminal proceedings.

Victims Compensation Act (Opferentschädigungsgesetz, OEG)

Victims of violent crime and their family members are entitled to compensation for the physical and mental impairment they suffer from as a result of the offence. The specific preconditions for this as well as the benefits that may be provided in a particular case are governed by law. For instance, affected persons can receive benefits for medical/healthcare treatment and funeral expenses, as well as bereavement payments and welfare benefits.

You can find further information on financial support here .

Violent crime

A violent crime is an unlawful act involving the use of force against the victim, such as a homicide offence or bodily injury. It also includes sexual abuse.

Witnesses

A witness is anyone who is able to provide the court, the public prosecutor's office or the police with any information about a specific event. This includes eye witnesses as well as persons directly or indirectly affected who are able to provide any information on the facts of the case. Witnesses are obliged to tell the truth. They must testify unless they are closely related or related by marriage to the suspect, unless they are entitled to refuse to testify for other reasons (e.g. doctors, lawyers, journalists) or unless their testimony would incriminate themselves or family members.