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Restitution and Compensation
There is a general difference between criminal proceedings and civil proceedings. During criminal proceedings the state prosecutor, who works for the state, charges the offenders with a violation of the legal system. In civil proceedings, citizens clarify their relationship to each other and possibly even win claims for monetary retribution in the form of restitution for economic loss or compensation for pain and suffering. Different courts are responsible for criminal and civil proceedings. Furthermore, separate laws with different procedural requirements and burdens of proof form the basis of each court.
Before a civil rights claim, it is strongly recommended to wait for a criminal conviction, since the conclusions established in criminal court concerning the incident can help support a claim in civil court.
There are, however, possibilities for victims of crimes and violence to make civil rights claims during the criminal proceedings if the offender was at least 18 years old at the time of the incident. This is called an additional claim hearing (»Adhäsionsverfahren« or an »Anhangsverfahren«) and allows the victim to lodge a monetary claim against the offender during the criminal trial.
You need to apply for an additional claim hearing in court. Theoretically, you can do this on your own. In practice, you should discuss the pros and cons of an additional claims hearing with your lawyer, and if you do decide to pursue it, your lawyer should state the reasons.
Another question you should also discuss with your lawyer before making a decision is whether you should try to initiate civil proceedings against the offenders after the criminal proceedings have ended. You should especially consider the risk that such proceedings may incur significant costs.
Civil proceedings are primarily about you lodging a claim in the form of a complaint. If you succeed at this, the sentence passed in civil court will give you a legal claim to use against the offender, should they refuse to pay voluntarily. This also means that the offenders have to pay for the trial fees as well as your lawyer’s fees. Nevertheless, it is frequently not possible to enforce the sentence, because the other side is unable to pay. Despite your legal entitlement, this can result in a situation where you get stuck with not only your lawyer’s fees, but also with some of the accumulated court fees (for example, fees for expert opinions).
In civil proceedings it is also possible to apply for financial assistance for legal fees (»Prozesskostenhilfe«_). The prerequisites are: your complaint against the offender has a »chance for success« (_»Aussicht auf Erfolg«), and you do not have sufficient financial means to lodge the complaint.
Overall, it is recommended you consult a lawyer who has experience with civil rights and that you weigh your chances against what you believe a trial would achieve.
(OPP)
