Germany Victimology

1 germany

1.1 introduction victims’ rights in germany
1.2 links european union
1.3 legal representative victims in trial
1.4 victims opportunity appeal judgment
1.5 victims compensation

germany
introduction victims’ rights in germany

justice proceedings in germany take place under inquisitorial system of justice, meaning judge has active role within investigation , trial process. in contrast adversarial system of trial, possible have more 2 opposing parties in criminal trial, there not such large requirement of balance between prosecution , rights of defendant. therefore, german code of criminal procedure 1987 (herein ‘criminal code’) gives victims number of rights, including right participate in trial; right appeal after conclusion of trial; , right seek compensation loss.

links european union

as founding member of european union, germany required sign , implement eu’s directive on victims’ rights national laws 16 november 2015. eu requires victims recognised , treated respect , dignity; protected further victimisation/intimidation offender or within criminal justice proceedings; receive appropriate support , have access compensation. germany’s criminal code has not been amended since april 2014, therefore nothing has been further implicated. clear germany’s criminal code satisfies eu requirements through extensive rights , protections of victim, entrenched within criminal code.

legal representative victims in trial

unlike many other jurisdictions, part 5 of criminal code allows victims of crime participate in criminal proceedings against accused. victims of personal offences such defamation; bodily injury; , property damage, victims automatically entitled engage private accessory prosecutor (‘pap’) represent interests @ trial. victims of crime not mentioned in s 374 of criminal code, permission can sought public prosecution office (‘ppo’).

the criminal code rules status of pap of ppo in preferred public charge, meaning able participate same extent , heard in proceedings on private charges. furthermore, pap entitled period of 1 week between summons , main hearing , holds right inspect files through attorney.

furthermore, should victim’s not eligible pap or choose not so, have right engage legal representative witness uphold interests when, example, being questions witness @ main trial.

victims opportunity appeal judgment

pap in principle, entitled appeal judgement on grounds of fact , law only. however, appeal pap rejected should solely on account of leniency of sentence.

part 3 in criminal code addresses appellate remedies , states appeal on fact , law needs filed court of first instance either orally recorded registry or in writing within 1 week after pronouncement of judgment.

a pap may withdraw @ stage throughout proceedings needs consented defendant after commencement of examination of main hearing. pap deemed have withdrawn charges, if appeal on fact , law filed them, dismissed. once pap withdraws, may not brought second time. however, important note pap may demand restoration of ‘status quo ante’ (previously existing state of affairs) within 1 week after default subject conditions specified in sections 44 , 45.

victims compensation

germany has compensation program victims of violent or personal crimes. police report needs filed within year in order eligible compensation. according crimes victims compensation act (1985), european union citizens foreign member states eligible financial compensation. covers special compensatory damages (out of pocket expenses), such loss of earnings , medical expenses. however, not cover general damages non-monetary example, mental anguish, pain , suffering.