For victims and witnesses, the use and support of a lawyer is possible. In some cases, it is strongly recommended. In principle, witnesses and victims have to testify in court and describe their experiences in detail. The court and the prosecution, but also the defense, sometimes ask very incriminating and uncomfortable questions. The situation is often unfamiliar to the witness but is part of everyday life for the lawyers. The support of a lawyer experienced in criminal law is a relief. As witness counsel, we are not allowed to answer on behalf of you, but we will protect you from unwarranted questions and prepare you thoroughly for the situation.
An injured victim also has rights that a "normal" witness does not have: As a witness, there is no right to inspect files. The injured party has a special right: the legal representative can request access to the file according to § 406e StPO (Code of Criminal Procedure). It is only through the lawyer's inspection of the contents of the file that an assessment of the prospects of success or the course of the proceedings can be made, which often leads to psychological relief for the victim.
Once the crime has been charged by the public prosecutor, the victim has the opportunity to actively participate in the trial against the perpetrator through the "Nebenklage" (private accessory prosecution) according to § 395 StPO. Through the Nebenklage, the victim becomes a direct participant in the trial and has rights comparable to those of the prosecutor, the defense or the defendant. Civil claims, such as damages and compensation for pain and suffering, can also be asserted in the criminal proceedings, using a procedure known as "adhesion".
If you wish, we can also prepare a professional criminal complaint on your behalf and see the investigation through to its conclusion.
