Victim Representation and Joint Plaintiff Status in Criminal Proceedings
As a victim of a criminal offence, you are entitled to extensive procedural rights that can only develop their full effect through consistent and expert exercise. Schedule a confidential initial consultation so that we can jointly assess which steps will secure the best possible legal position in your case.
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Structured Advocacy for Victims in Criminal Proceedings
Your Rights as a Victim under the StPO
The rights of victims in criminal proceedings have been significantly strengthened in recent years. These include the right to information on the status of proceedings (§ 406d StPO), access to case files (§ 406e StPO), legal representation (§ 406f StPO) and the option of psychosocial procedural support (§ 406g StPO). In practice, however, these rights are frequently exercised only to a limited extent. We ensure that you are informed of all available options at an early stage and that important decisions in the proceedings are not taken without your participation.
Joint Plaintiff Status as an Active Position of Influence
Joint plaintiff status substantially strengthens the position of the victim in criminal proceedings and transforms the victim from a witness into an independent party to the proceedings. Under § 397 StPO, the joint plaintiff is entitled to independent rights to ask questions, to file applications for evidence (§ 244 StPO), to be present throughout the entire main hearing and to deliver an independent assessment of the events in the closing statement. We do not regard joint plaintiff status as a mere formality, but deploy it specifically as an instrument to exert influence on the fact-finding, the legal assessment and the enforcement of claims.
Adhesion Proceedings and Enforcement of Civil Law Claims
Through adhesion proceedings under §§ 403 ff. StPO, civil law claims can already be asserted and reduced to an enforceable title within the criminal proceedings. The criminal court simultaneously decides on claims for damages under § 823 BGB and compensation for pain and suffering under § 253 (2) BGB. The title obtained is enforceable in the same way as a civil court judgment and can be enforced for thirty years under § 197 (1) no. 3 BGB, even where the offender is not financially capable at the time of conviction.
Criminal Law Precision and Personal Sensitivity
The lawyers at GLADICA represent victims at all stages of proceedings and enforce their rights before public prosecutor's offices and courts in a structured and assertive manner. We secure your rights of participation under §§ 395 ff. StPO and ensure at the same time that you are not subjected to unnecessary burdens in the proceedings. Our work combines criminal law precision with a forward-looking procedural strategy and a sensitive approach in personally challenging situations.
Comprehensive Support for Victims in Criminal Proceedings
Our Services at a Glance
Confidential initial consultation on procedural rights and available options
Joining as a joint plaintiff under § 395 StPO and exercise of rights under § 397 StPO
Access to case files for injured parties under § 406e StPO for comprehensive information on the status of proceedings
Support representation under § 406f StPO even without formal joint plaintiff status
Application for the assignment of a lawyer under § 397a StPO in cases of serious offences
Conduct of adhesion proceedings under §§ 403 ff. StPO for the assertion of civil law claims
Accompaniment during police and judicial interviews
Coordination of psychosocial procedural support under § 406g StPO
Action against unjustified discontinuations by way of complaint and compulsory prosecution proceedings under §§ 172 ff. StPO
Applications for early judicial interviews (§ 168c StPO), examination in the absence of the accused (§§ 247, 247a StPO) and exclusion of the public (§ 171b GVG)
Victim Protection and Considerate Examination
Examinations are among the most burdensome situations in criminal proceedings. We prepare clients thoroughly, accompany them at police and court appointments and consistently ensure compliance with the statutory protective provisions. These include protection against impermissible questions relating to the personal sphere (§ 68a StPO), exclusion of the public in particularly sensitive testimony (§ 171b GVG) and examination in the absence of the accused (§ 247 StPO) or by audio-visual transmission (§ 247a StPO).
In addition, we coordinate psychosocial procedural support under § 406g StPO where required, ensuring professional assistance from specially trained specialists. We deploy all available protective mechanisms in a targeted manner so that you are not subjected to unnecessary burdens in the proceedings and your testimony is given under the best possible conditions.
Entitlement to Joint Plaintiff Status and Assignment at Public Expense
Under § 395 StPO, entitlement to joint plaintiff status applies in particular to victims of sexual offences (§§ 174 ff. StGB), bodily harm offences (§§ 223 ff. StGB), unlawful imprisonment (§ 239 StGB), stalking (§ 238 StGB) and relatives in cases of homicide offences. In further cases, entitlement may arise from special circumstances.
For serious offences within the meaning of § 397a StPO, a lawyer can be assigned to the joint plaintiff at public expense upon application, ensuring professional representation regardless of financial circumstances. We examine in the initial consultation whether these requirements are met in your case and file all necessary applications within the prescribed deadlines.
We represent victims in bodily harm offences under §§ 223 ff. StGB, dangerous and serious bodily harm as well as homicide offences where relatives can appear as joint plaintiffs under § 395 (2) StPO. Particular emphasis is placed on the early securing of injury documentation, medical findings and witness statements as the basis for adhesion proceedings. We assert claims for damages, medical treatment costs, loss of earnings and compensation for pain and suffering within the criminal proceedings, thereby avoiding a separate civil action.
Representation in cases involving offences under §§ 174 ff. StGB requires particular discretion, experience and empathy. We coordinate our work closely with psychosocial procedural support under § 406g StPO and file targeted protective applications, in particular for the exclusion of the public (§ 171b GVG), examination in the absence of the accused (§ 247 StPO) or by audio-visual transmission (§ 247a StPO). For serious sexual offences, assignment of a lawyer at public expense under § 397a StPO is regularly available.
Stalking under § 238 StGB and violations of protection orders under § 4 GewSchG frequently occur in conjunction with bodily harm offences or threatening behaviour under § 241 StGB. We secure all relevant evidence at an early stage, apply for judicial protective measures and represent you consistently as a joint plaintiff where the requirements of § 395 StPO are met. In parallel, we examine civil law claims and their assertion in adhesion proceedings to ensure comprehensive representation of your interests.
In cases of fraud under § 263 StGB, breach of trust under § 266 StGB, investment fraud and corruption under §§ 299 ff. StGB as well as property offences such as theft (§ 242 StGB), embezzlement (§ 246 StGB) and money laundering (§ 261 StGB), the focus of our work is on consistent recovery of losses. We calculate the damage incurred precisely, assert it in adhesion proceedings and coordinate civil law claims in parallel. We also take into account any claims against third parties and state compensation mechanisms.
In cybercrime cases, we represent victims in cases of spying on and intercepting data (§§ 202a, 202b StGB), computer fraud (§ 263a StGB) and data manipulation and computer sabotage (§§ 303a, 303b StGB). Typical constellations include phishing attacks in online banking, hacked email or social media accounts, unauthorised access to company systems and fraudulent online communications, for example in so-called love scam cases. We secure digital evidence, coordinate IT forensic expertise and enforce claims for damages in a structured manner within the criminal proceedings.
In cases of unlawful imprisonment under § 239 StGB, coercion under § 240 StGB and threatening behaviour under § 241 StGB, we represent victims both in criminal proceedings and in the parallel enforcement of civil law claims. We secure all relevant evidence at an early stage, file protective applications and examine whether the requirements for joining as a joint plaintiff under § 395 StPO are met. Compensation for pain and suffering, loss of earnings and other losses arising from the offence are asserted in a targeted manner in adhesion proceedings.
Why Clients Choose GLADICA Lawyers
Victim representation demands legal precision, strategic thinking and personal sensitivity in equal measure. Every mandate is personally supervised by experienced lawyers. We work with discretion, communicate clearly and advocate assertively for the enforcement of your rights. No mandate is delegated to junior associates.
Highly Specialised Lawyers
Experienced lawyers with specialised expertise in representing victims across all categories of criminal offences.
500+ Five-Star Reviews
Your personal and case information remains strictly protected.
30+ Years of Experience
Urgent legal help whenever you need it, including nights and weekends.
Multilingual Team
Legal representation in German, English and Russian.
Nationwide Representation
Representation before all German courts, from local courts to higher regional courts.
Frequently Asked Questions about Victim Representation
Before your first statement to the police or public prosecutor's office. Early legal support ensures that your statement is precisely documented, your rights are protected and the facts are introduced into the investigation proceedings in a strategically advantageous manner. The earlier we are involved, the greater the influence on the further course of proceedings.
Support representation under § 406f StPO is available to any injured party and grants basic rights of accompaniment and information. Joint plaintiff status under § 395 StPO is available for certain offences and confers on the victim the status of an independent party to the proceedings with their own rights to ask questions, file applications for evidence and participate. For active influence on the proceedings, joint plaintiff status is therefore considerably more effective.
For serious offences under § 397a StPO, assignment of a lawyer at public expense may be available, in particular in cases of sexual offences, violent offences and homicide offences. Beyond that, we examine whether costs can be imposed on the offender in the event of a conviction or whether other cost-bearing mechanisms apply. We explain the specific cost situation transparently in the initial consultation.
Under § 395 StPO, entitlement to join as a joint plaintiff applies in particular to victims of sexual offences (§§ 174 ff. StGB), bodily harm offences (§§ 223 ff. StGB), unlawful imprisonment (§ 239 StGB), stalking (§ 238 StGB) and relatives in cases of homicide offences. In further cases, entitlement may arise from special circumstances, which must be assessed on a case-by-case basis.
Under § 406e StPO, a lawyer can access the case file on behalf of the injured party, in cases involving joint plaintiff eligible offences generally without further requirements and otherwise where there is a legitimate interest. Access to the case file enables a well-founded assessment of the status of the investigation, the evidential position and possible approaches for further action.
In adhesion proceedings under §§ 403 ff. StPO, civil law claims such as damages and compensation for pain and suffering can be asserted directly within the criminal proceedings. The criminal court simultaneously decides on these claims, so that a separate civil action can frequently be avoided. The title obtained is enforceable in the same way as a civil court judgment and can be enforced for thirty years under § 197 (1) no. 3 BGB.
Depending on the constellation, we deploy all available protective mechanisms: exclusion of the public (§ 171b GVG), examination in the absence of the accused (§ 247 StPO) or by audio-visual transmission (§ 247a StPO) and protection against impermissible questions relating to the personal sphere (§ 68a StPO). In addition, we coordinate psychosocial procedural support under § 406g StPO.
A complaint can be filed against discontinuations under § 170 (2) StPO. Should this prove unsuccessful, compulsory prosecution proceedings under §§ 172 ff. StPO before the higher regional court are available. We carefully examine every discontinuation and initiate the necessary steps within the prescribed deadlines.
Even where the offender is currently not financially capable, obtaining an enforceable title can be worthwhile, since such claims remain enforceable for thirty years (§ 197 (1) no. 3 BGB). Should the offender's financial situation improve at a later date, claims can be enforced. We also examine possible claims against third parties and state compensation mechanisms.
Following the initial contact, we promptly obtain an overview of the status of proceedings and develop a clear strategy for the way forward. We assume communication with the investigating authorities, file the necessary applications and keep you informed of all material developments. You will know at all times where the proceedings stand and what the next steps are.
