The Nebenklage enables victims of criminal offences to actively assert their rights in criminal proceedings and is thus one of the most important instruments for safeguarding the interests of injured parties. In Germany, it was created to give victims of certain crimes, especially offences against sexual self-determination and bodily injury offences, a voice in the trial. In this article we will look at how the Nebenklage strengthens victims' rights and what role lawyers play in this.
1. Basic idea and significance
The main action in criminal proceedings is the prosecution's case against the accused. The focus here is on the question of guilt and appropriate punishment. The Nebenklage gives the victim the opportunity to assert his or her own rights in the trial parallel to the prosecution. This ensures that the victim does not merely serve as evidence, but can actively participate in the process himself.
2. Prerequisites and beneficiaries
The victim does not have the right to bring an accessory action for every criminal offence. The Criminal Procedure Code (StPO) lists in § 395 the offences in which the injured party can be an accessory plaintiff. These include, for example, offences against life (e.g. murder, manslaughter), against sexual self-determination (e.g. rape, sexual assault) or in the case of bodily injury offences.
3. Rights of the joint plaintiff
The joint plaintiff has extensive rights in the trial. These include:
Right to be present in the courtroom
Right to question witnesses and experts
The right to inspect files through the appointed lawyer
The right to make one's own motions for evidence
Right to appeal, e.g. appeal or revision, insofar as his or her interests are affected
4. Role of the lawyer
A lawyer can help the victim to effectively assert his or her rights. He can inspect files, develop strategies for the trial, file motions for evidence and accompany and advise the joint plaintiff throughout the entire trial. Especially in emotionally stressful cases, a lawyer can be an important support for the victim.
5. Concluding thoughts
The Nebenklage is an important instrument to strengthen the rights of victims in criminal proceedings. It enables the active participation of the injured party and helps to ensure that their interests and concerns are heard in the proceedings. However, the support of an experienced lawyer is often indispensable for the effective enforcement of these rights.