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Accessory prosecution: taking active part in criminal proceedings as a victim

As the victim of certain crimes you can join the prosecution as an accessory prosecutor. This gives you active rights in the proceedings: access to the file, presence, the right to ask questions and the option to file your own motions. For serious offenses, the costs of counsel are often covered.

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For certain offenses (e.g. serious violent and sexual crimes) you can join as an accessory prosecutor (§ 395 StPO). You obtain rights such as access to the file, presence, and the right to ask questions and file motions.
You can be represented by legal counsel. For serious offenses or a low income, the costs are frequently covered (victim lawyer/legal aid). Victim support organizations additionally provide support.

What you should do now

  1. 1

    1. Check the right to join

    Clarify whether the crime is among the offenses eligible for accessory prosecution (e.g. serious violent/sexual offenses).

  2. 2

    2. Declare the joinder

    Declare the joinder as an accessory prosecutor, best through legal counsel.

  3. 3

    3. Use the rights

    Take access to the file, be present at the hearing and bring in questions and motions.

  4. 4

    4. Clarify costs/support

    Check the coverage of costs for the victim lawyer and use victim support organizations for accompaniment and advice.

How to spot the scam

  • You do not exercise your victim rights and remain passive.
  • You forgo counsel out of fear of costs (check cost coverage).
  • You go into a stressful hearing without preparation.

Frequently asked questions

What is an accessory prosecution?

The joinder of the victim of certain crimes to the public prosecution (§ 395 StPO). As an accessory prosecutor you are not just a witness, but obtain active procedural rights: access to the file, presence at the main hearing, and the right to ask questions and file motions.

For which offenses is the accessory prosecution possible?

Above all for more serious offenses against the person, such as certain violent and sexual crimes. Whether the concrete offense is eligible for accessory prosecution, you best check with a lawyer, who then also accompanies you in the proceedings.

What does the accessory prosecution cost me?

You can be represented by legal counsel. For serious offenses or a low income, the costs are frequently covered (assignment of a victim lawyer, legal aid). Victim support organizations additionally offer free support.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.