The victim’s right to inspect files pursuant to Section 68 of the German Code of Criminal Procedure enables persons affected by a criminal offense to inspect the criminal file, insofar as their own interests are affected. This allows the victim to understand what charges are being brought, what investigative steps have been taken, and what evidence is available.

The file inspection does not serve general information purposes, but rather the concrete exercise of victim rights, such as preparing claims for damages, assessing the status of proceedings, or positioning oneself legally. The law grants this right even to victims who do not appear as private parties, and thus deliberately does not put them in a worse position than formally involved parties.

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Position of file inspection in the system of victim rights

File inspection represents an essential component of victim rights in criminal proceedings. It provides the victim with a concrete overview of the status of the proceedings and enables them to exercise their own legal position in an informed and targeted manner. Unlike the accused, the victim’s file inspection does not pursue any defense purpose, but rather serves information, orientation, and preparation for further steps.

The right to inspect files is systematically embedded in the statutory victim rights. In particular, it supplements the right to information, the right to participate as a private party, and the right to protection of interests worthy of protection. By inspecting the criminal file, the victim can classify the proceedings objectively and make their decisions on a reliable basis.

File inspection supports victim rights primarily by:

• creating transparency about the charges and the status of the investigation,
• facilitating the assessment of one’s own claims,
• enabling well-founded communication with authorities,
• supporting the preparation of further procedural steps.

At the same time, the system of victim rights takes into account the requirements of orderly criminal proceedings. The law therefore grants file inspection on an interest-related basis and draws boundaries where investigative purposes or the legitimate interests of other parties involved are affected. In this way, the victim’s file inspection maintains a balanced relationship between the interest in information and the protection of the proceedings.

Scope and classification of the victim’s right to inspect files

The victim’s right to inspect files is linked to the concrete impact of the criminal offense. What is decisive is not the formal position in the proceedings, but rather the question of whether and to what extent one’s own interests are affected. This distinguishes the victim’s file inspection significantly from that of the accused.

The right is granted to victims regardless of whether they participate as a private party or private prosecutor. The criminal proceedings thus open up an independent access to information, which allows the victim to understand the progress of the proceedings and to classify their own role objectively.

At the same time, the law classifies the victim’s right to inspect files within the overall context of the investigation proceedings. The inspection is always based on the interests affected and finds its limits where investigative purposes or the safeguarding of uninfluenced statements would be affected.

The classification of the right to inspect files has the particular effect that:

• file inspection does not take place across the board, but rather on an interest-related basis,
• victims receive independent access to information relevant to the proceedings,
• the proceedings remain transparent without endangering investigations,
• victim rights systematically exist alongside other procedural rights.

This gives the victim’s right to inspect files a clearly defined but effective position in the criminal proceedings.

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Personal scope of the victim’s right to inspect files

The victim’s right to inspect files is granted to natural persons who have been directly violated in their rights by the criminal offense. What is decisive is the actual impact and not the formal role in the proceedings.

The law deliberately extends the personal scope. It grants file inspection also to victims without private party status and thus makes it clear that information rights do not depend on procedural additional steps.

In particular, the following can claim file inspection:

• Victims whose personal or property interests are affected
• Private parties in the ongoing criminal proceedings
• Private prosecutors, to the extent of their procedural position
• Legal representatives of victims
• Legal representatives of the persons mentioned

The authority checks with each application whether the applicant belongs to the authorized group of persons and whether the request for inspection relates to own, procedurally relevant interests.

The personal scope thus ensures a clear distinction between authorized and unauthorized persons without unnecessarily restricting the right to inspect files.

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Scope of the victim’s right to inspect files

The victim’s right to inspect files extends only to those parts of the file that directly affect their own interests. The inspection does not serve the purpose of complete control over the proceedings, but rather the objective information about the relevant procedural material.

In particular, the authority grants file inspection into documents that:

• concern the accusation and the course of events,
• contain statements that directly affect the victim,
• are significant for the assertion of claims,
• reveal the current status of the proceedings.

Not covered by the scope of file inspection are parts of the file that have no relation to the position of the victim or predominantly concern other parties involved in the proceedings. The authority limits the scope of the inspection on a case-by-case basis.

What is always decisive is whether knowledge of the respective parts of the file is necessary in order to be able to exercise the rights of the victim appropriately. The law does not provide for a blanket or unrestricted inspection.

The scope of file inspection thus forms a balance between the victim’s interest in information and the protection of the criminal proceedings.

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Restrictions and protected interests

The authority may restrict or temporarily deny the victim’s file inspection if overriding protected interests conflict with it. In doing so, it always examines specifically and on a case-by-case basis whether the inspection would impair the proper course of the criminal proceedings.

Restrictions are particularly relevant if the file inspection:

• endangers ongoing investigations,
• could impair an uninfluenced witness statement,
• affects interests of other parties involved in the proceedings that are worthy of protection,
• would disclose sensitive personal data of third parties.

The authority restricts the file inspection only to the extent necessary. It resorts to milder means, such as redactions or the exception of individual parts of the file, instead of denying the inspection altogether.

A complete denial represents the exception. It requires that no other measure can guarantee the necessary protection. The authority must substantiate and document each restriction.

The regulation thus maintains the balance between the victim’s interest in information and the protection of the investigation proceedings as well as the rights of other parties involved.

Relationship to the file inspection of the accused

The victim’s file inspection in the criminal proceedings exists alongside, but not equal to the file inspection of the accused. Both rights serve different functions under criminal procedure and are subject to independent legal standards.

The accused uses the file inspection to exercise their rights of defense. The victim accesses file inspection in order to exercise their position under criminal procedure in the proceedings and to be able to understand the progress of the investigation or main proceedings.

The authority therefore always examines applications separately and takes into account in particular:

• the different roles of the victim and the accused in the criminal proceedings,
• the concrete purpose of the requested file inspection,
• possible effects on ongoing investigations,
• the protection of an uninfluenced taking of evidence.

The victim’s file inspection must not lead to the undermining of the accused’s rights of defense or the impairment of investigative measures. Conversely, the authority must not restrict the victim’s right to inspect files across the board if the requested part of the file is relevant to their rights under criminal procedure.

In practice, the authority therefore often grants different scopes of inspection, although both applications relate to the same criminal file. What remains decisive is always the status of the proceedings and the concrete interest situation in the criminal proceedings.

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Your Benefits with Legal Assistance

The victim’s file inspection requires a precise application and a clear delimitation of the interests affected. A lawyer takes over these steps in a structured manner and ensures that the right to inspect files is exercised in a targeted and permissible manner.

Legal representation ensures that

• the application for file inspection is formulated correctly in terms of content,
• one’s own involvement is presented in a legally comprehensible manner,
• the requested scope remains aligned with the statutory standards,
• restrictions are examined objectively and classified legally.

After granting file inspection, the lawyer evaluates the relevant file content and classifies it in the context of victim rights and the status of the proceedings. This gives the victim a clear basis for making further decisions in the criminal proceedings in an informed manner.

The legal support also prevents the right to inspect files from being exercised incompletely, belatedly, or too narrowly, and contributes to a proper protection of victim interests in the criminal proceedings.

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FAQ – Frequently Asked Questions

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