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Your Possibilities to File a Joint Action
What is a »Nebenklage«?
As the victim of a violent act, you can take an active role in the trial by choosing to file a »Nebenklage« (joint action) and finding a lawyer to represent you.
A joint action provides you with certain rights as someone taking part in the proceedings. In theory, you can represent yourself as the joint plaintiff, but it is recommended that you assign this duty to a lawyer (plaintiff lawyer).
Your motion for a joint action during the criminal trial can be filed in the courts at any point. Nonetheless, a decision won’t be made until the case has made it to court and the authorities have decided to try the case in a main trial.
If your motion is accepted, your lawyer can gain access to the case files and file petitions concerning the investigation. This gives you the possibility to learn about the offenders’ motive, even if the offenders have the right to refuse to testify their motives in the courtroom.
During the proceedings the plaintiff lawyer represents your interests. In the courtroom, your lawyer sits next to the state prosecutor. The plaintiff lawyer has the right to direct questions at the defendant, submit evidence, and object to expert testimonies and even to judges assigned to the trial. Your representative can support you when you give your statement in court and protect you from impermissible or offensive questions by the defense lawyer.
Normally witnesses are not let into the courtroom until after the defendant’s testimony. As a joint plaintiff, you are allowed to follow the trial from the beginning. Nevertheless, the victim often decides to wait outside of the courtroom until their testimony. Your testimony can gain credibility by taking such actions, because it will be given without the defendant’s statement being taken into account. You should talk to your lawyer about this in advance.
At the end of the proceedings, your legal representative can hold a pleading and call for punishment — should this be deemed meaningful. If the defendant is not sentenced because the offense can be prosecuted as a joint action (see below), you can appeal this sentence in court. You can also appeal the court’s decision if it refuses to permit the state prosecutor’s criminal complaint.
Preconditions for a Joint Action
A joint action is possible for all physical injuries, homicide, crimes against gender identity, and insults. It is not allowed for offenses such as coercion and threats.
A joint action is not possible if the offender is under 18 years old and is tried under juvenile law. In proceedings for older youth (i.e. youth between 18 and 21), a joint action is still possible, even though they are being tried under juvenile law. This also applies to proceedings where youth and older youth are being tried concurrently. However, a joint action against an older youth is only valid during the trial portion of the proceedings.
To successfully pursue a joint action suit, you should hire a lawyer who has experience in joint action proceedings and who is well-acquainted with crimes motivated by right-wing ideology.
Who Is Responsible for Legal Fees?
For a joint action you should choose a lawyer who is professionally qualified, who can clearly specify the potential costs in advance and who can make sure you understand them. Opferperspektive can also help you in this decision.
If the defendants are sentenced in the criminal proceedings, they have to pay for the trial fees as well as the lawyer’s fees. If the defendants are found not guilty, you as the joint plaintiff may have to pay for the lawyer’s fees yourself. Costs may also arise before the proceedings and during the main trial when consulting your lawyer or having them represent you for other matters.
You can usually receive financial support for criminal proceedings in the form of financial assistance for legal fees (»Prozesskostenhilfe«) if:
- Due to your personal and economic situation, you cannot raise sufficient funds to cover the costs, or you can only pay for part of the trial or by installments;
- The circumstantial and legal situation is difficult;
- You cannot sufficiently take your own interests into account or you don’t have the courage to do so.
Your eligibility to receive financial support for legal fees is reviewed in advance. To determine your eligibility, you have to fill out a form that Opferperspektive or a law firm can provide you.
(OPP)
