Court costs
Of course, persons affected by a criminal offence do not have to pay for criminal proceedings as such. The same is true for witnesses. Only persons who recklessly or intentionally make an untrue report must expect to be charged with court costs. The same is true for persons who withdraw a request to prosecute, if the proceedings are terminated due to this withdrawal. In all other cases, the state bears the costs of the proceedings. If the accused is convicted, the state will recover the costs of the proceedings from him or her.

Lawyer's fees
Persons affected by criminal offences can exercise many of their procedural rights themselves. However, some might prefer to be represented by a lawyer. If defendants are convicted, they sometimes have to also pay the lawyer's fees of those affected by their offence. However, many convicted persons do not have the money to do so; in this case, those affected by the offence will have to pay their lawyers themselves. There are exceptions, though, and it is important to seek assistance as early as possible.

1. Legal aid

   To ensure that nobody has to remain without legal assistance in difficult cases because they cannot afford it, persons affected by an offence who are entitled to join the proceedings as private accessory prosecutors and actual private accessory prosecutors who are not already entitled to free legal assistance, can apply for legal aid under two conditions:

   • if they cannot represent their interests themselves or if they cannot reasonably be expected to do so, and
   • if they are unable to pay lawyer's fees or can only pay them in part or in instalments.
   The State then initially takes on all or part of the costs of conducting the proceedings. Depending on the outcome of the proceedings and the financial situation of the applicant, the legal aid may later have to be paid back in instalments.
   They can apply for legal aid either in writing or orally before the local court in whose district they live. Many law firms also have on hand the forms necessary for a legal aid application and will help you fill them out.

2. Assistance by legal counsel during witness testimony

   If persons affected by a criminal offence need the assistance of a lawyer during their witness testimony, the court can assign them a lawyer of their choice free of charge if the following conditions are met:

   • The persons affected by the offence are not in a position to exercise their rights themselves during their examination and
   • they do not have a lawyer during their examination and their interests cannot be represented in another way.

   It is important for people affected by a criminal offence to inform the court and public prosecutor’s office as early as possible of their need for assistance by counsel so that this can be taken care of. Applications for such assistance can easily be made with the court.

3. Assistance of private accessory prosecutors and persons entitled to join the prosecution as private accessory prosecutors
   Persons affected by particularly serious offences like sexual offences or attempted homicide, as well as relatives of killed victims, have special rights. They can appear before the court as private accessory prosecutors. Irrespective of their income, the court must assign them a lawyer upon their application; the costs for this are borne by the state. Affected persons under the age of 18 are assigned a lawyer under more lenient conditions. Victim support organisations and lawyers are ready to answer any questions that may arise.

Compensation claims in adhesion proceedings
In so-called adhesion proceedings, persons affected by a criminal offence can pursue civil law claims (e.g. compensation for pain and suffering) during criminal proceedings. Persons who do pursue such claims might face lawyers’ fees and court costs. Victim support organisations and lawyers can provide answers to any questions that might arise in this regard.

Cost coverage by legal expenses insurance
In some cases, legal expenses insurance providers cover the costs of proceedings. To find out details, contact your insurance provider or lawyer.

More Information on the Act on Advisory Assistance and the provisions on legal aid in the Code of Civil Procedure you can find in the broschure „Financial aid for legal advice and court costs“.