Victim rights pursuant to Section 66 StPO are the procedural rights of persons harmed by criminal offenses enshrined in law. They ensure that victims in criminal proceedings appear not merely as evidence, but as independent parties. These include in particular the right to information about the proceedings, to access to files, to legal representation, and to active participation. In addition, the law guarantees protective mechanisms such as interpretation services and translations of essential documents. The objective is the effective protection of the victim’s legal and personal interests.

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Systematic Function of Victim Rights

Victim rights structure criminal proceedings as a balancing system between the state’s claim to punishment, defense rights, and the interests of the harmed person. They prevent the proceedings from being focused exclusively on the accused and criminal prosecution. Through information, participation, and protection rights, the victim is integrated as an independent procedural factor in the decision-making process. This creates a procedurally balanced system.

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Independent Parties to Proceedings

Victims do not appear merely as sources of information, but exercise their own rights. Their position begins as soon as a criminal offense affects their rights, health, or property. This position exists regardless of whether the victim submits applications or is represented by counsel. The proceedings thus make clear that the offense affects not only the state, but above all a specific person. This recognition shapes the entire treatment of the victim in the proceedings.

Structure and Function of Victim Rights

Victim rights form a self-contained protective system that applies throughout the entire criminal proceedings. It combines information, participation, and protection into a unified legal position.
Central to this are:

• ongoing information about the proceedings
• procedural participation in the establishment of truth
• protection from additional burden

This structure ensures that victims are not marginalized, but can effectively assert their interests.

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Participation in Interrogations and Evidence Gathering

Victims may actively participate in key evidentiary steps. These include in particular interrogations of accused persons and witnesses, as well as reconstructions of the events. This participation provides the victim with insight into the establishment of truth and prevents essential aspects from being overlooked. Through presence and the right to ask questions, the victim can present their perspective. This enhances the substantive quality of the investigation.

Participation in the Main Trial

In the main trial, the victim retains their active role. They may be present, ask questions, and be heard regarding their claims. This participation ensures that the court perceives not only the perspective of the accused, but also that of the harmed person. The main trial thereby becomes more balanced and substantively more complete. The victim remains a visible part of the proceedings.

Translation Assistance and Linguistic Equality

Linguistic barriers must not devalue victim rights. The law therefore provides interpretation services and translations of essential documents. Victims can only meaningfully follow the proceedings if they understand its content. This assistance ensures genuine equality in the proceedings. Without comprehensibility, there are no effective rights.

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Continuation After Termination of Investigative Proceedings

Victims are not at the mercy of the public prosecutor’s decision. If investigative proceedings are terminated, continuation may be requested. This right ensures that an official termination does not remain final, but is reviewed. The victim thereby receives an effective remedy against premature or erroneous decisions.
In practice, this means:

• the proceedings are reviewed again
• judicial review becomes possible

Thus, the state’s claim to punishment remains secured from the victim’s perspective as well.

Assertion of Civil Law Claims

Criminal proceedings enable the victim to enforce their own compensation claims. Damages and pain and suffering compensation may be asserted in the proceedings. The victim is thereby not referred to separate civil proceedings. The economic consequences of the offense are thus directly taken into account.
Typical claims are:

• reimbursement of treatment costs
• Pain and suffering
• compensation for property damage

This consolidation increases efficiency and enforcement power.

Legal Protection of Dignity and Interests

The proceedings must be conducted in a manner that preserves the victim’s dignity. Personal data may not be unnecessarily disclosed, and burdensome situations must be avoided wherever possible. This protection applies regardless of how actively the victim participates. The authorities bear ongoing responsibility for this.
Particularly protected are:

• the highly personal sphere of life
• the victim’s identity

This protection forms the foundation for fair and respectful criminal proceedings.

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Role of Victim Protection Organizations and Trial Support

In addition to the legal protection provided by the authorities, victims can access professional external support. Specialized organizations assist them with legal, psychological, and organizational matters. This assistance is arranged upon request and is intended to prevent those affected from being additionally burdened by the proceedings. Trial support strengthens the victim’s ability to exercise their rights and make informed decisions. This ensures effective and humanly appropriate participation in criminal proceedings.

Connection with Private Party Rights

Victim rights and private party rights are interconnected, but pursue different objectives. Victim rights secure information, participation, and protection in criminal proceedings. Private party status enables the victim to enforce their own proprietary claims directly in criminal proceedings. Both positions exist alongside each other and complement one another. The proceedings are thereby made usable for the victim both legally and economically.

Practical Significance of Victim Rights

Victim rights determine whether those affected are actually heard in criminal proceedings. Without these rights, many proceedings would be shaped solely by the interests of the state and the accused. Through information, participation, and protection, the victim is granted an active role. This position directly affects the course and outcome of the proceedings. Victim rights thus determine the actual justice in criminal proceedings.

Your Benefits with Legal Assistance

The effective exercise of victim rights requires professional legal representation. Without expert guidance, many of these rights remain merely formal, because deadlines, application rights, and procedural steps are complex and error-prone. A lawyer ensures that access to files is requested, legal remedies are pursued, and claims are correctly enforced. This transforms the statutory rights into an actually effective protective position.

Your specific advantages are:

• appropriate enforcement of all victim rights throughout the entire proceedings
• active review of public prosecutor’s decisions
• legally sound assertion of damages and pain and suffering compensation
• professional support during burdensome interrogations and hearings

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FAQ – Frequently Asked Questions

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