When someone has been the victim of a criminal offence, you often feel helpless - especially when the case is being prosecuted and you seem to be involved only as a witness. However, there is a way to actively influence the proceedings: through the so-called Collateral proceedings. In Bremen, as well as nationwide, injured parties can use this method to become more involved in criminal proceedings and exercise their rights in a targeted manner.
1 What is an accessory prosecution?
A joint plaintiff is a form of participation in criminal proceedings in which victims of serious criminal offences can join the prosecution's case. This makes you not just a witness, but an independent party to the proceedings - with extensive rights. In Bremen, many victims use this option to better represent their interests, especially in serious cases such as assault, sexual assault or other violent crimes.
2 Who may bring ancillary proceedings?
According to Section 395 of the Code of Criminal Procedure (StPO), certain persons can act as joint plaintiffs - especially if they are directly affected by the criminal offence. These include, among others:
Victims of homicide offences (e.g. murder or manslaughter),
Victims of sexualised violence or bodily harm,
Victims of human trafficking or forced prostitution,
Relatives of victims if they are unable to exercise their rights themselves.
Since a change in the law in 2009, it has also been possible to bring a secondary action in particularly serious cases such as massive defamation, slander or negligent bodily harm - this also occurs more frequently in Bremen proceedings than you might think.
3. what rights do joint plaintiffs have?
If the court authorises the accessory prosecution, the victims have numerous rights at their disposal with which they can actively shape the proceedings. These include
Right of attendance during the entire main hearing - even if there is no obligation to attend.
Right to inspect files - However, this may only be exercised by an authorised lawyer.
Submission of requests for evidence, motions to recuse and other procedural motions.
Right to make your own closing statement, which can be held independently of the prosecution or defence.
Right of appeal - An appeal or revision can also be lodged under certain conditions.
In Bremen, many injured parties do not know that they are entitled to these rights at all - a counselling session can provide clarity here.
4 How is the accessory prosecution brought?
The joint plaintiff is represented by a Written declaration of connection usually submitted by an authorised lawyer. This declaration can be made from the point in time at which the public prosecutor's office has filed charges - i.e. even during the ongoing trial or even during the appeal.
For those affected in Bremen, it makes particular sense to seek legal advice at an early stage. The formulation of the follow-up declaration and the strategic planning of further proceedings can be decisive.
5. do I have to hire a lawyer?
Legally, there is no obligation to be represented by a lawyer. However, the accessory prosecution opens up complex rights and possibilities - it is difficult to exercise these correctly without legal support. It is therefore advisable to contact a law firm specialising in criminal law. In Bremen and the surrounding area, there are specialised lawyers who have experience with accessory prosecution proceedings.
An experienced lawyer not only provides support during the actual criminal proceedings, but also advises on topics such as Compensation for pain and suffering or Compensation for damages - for example in the context of a so-called adhesion process, which deals with civil law claims directly in criminal proceedings.
6. who bears the costs?
Good news: If the offender is convicted, he or she usually also has to pay the legal costs of the accessory prosecution. In addition, in the case of particularly serious offences, there is a right to Free legal representation - either through legal aid or through legal aid if the financial means are lacking.
Especially in cities like Bremen, where there are specialised law firms, access to professional support is low-threshold.
If you have been the victim of a criminal offence in Bremen or the surrounding area and are thinking about joining the proceedings as a joint plaintiff, we will be happy to provide you with comprehensive advice on your options. As an experienced law firm specialising in criminal law, we will support you in all phases of the proceedings - from filing an application to representing you in court.
Contact us - we are there for you at our locations in Sulingen, Bremen, Osnabrück or online.
FAQs on the subject of accessory prosecution
1 What is the difference between witness and joint plaintiff?
Witnesses only make statements during the proceedings. Joint plaintiffs are actively involved in the proceedings and have extensive rights.
2 When can I file an accessory prosecution in Bremen?
As soon as the public prosecutor's office brings charges, it is possible to bring a joint action - even during the ongoing trial or on appeal.
3. do I need a lawyer for the accessory prosecution?
No, but it is strongly recommended. Lawyers help to enforce rights and submit applications correctly.
4 Which criminal offences entitle you to bring ancillary proceedings?
These include murder, assault, sexualised violence, human trafficking, forced prostitution and serious defamation.
5 Who pays the costs of the accessory prosecution?
If convicted, usually the offender. In serious cases, there is also a right to free legal assistance or legal aid.
German 
English 
Spanish 
Persian