The Nebenklage (accessory prosecution) allows victims of crimes to actively enforce their rights in criminal proceedings, making it one of the most important instruments for protecting the interests of victims. In Germany, it was created to give victims of certain crimes, particularly offenses against sexual self-determination and bodily harm, a voice in the process. In this article, we explore how the Nebenklage strengthens victims' rights and the role lawyers play in this context.
1. Concept and Significance
The main charge in a criminal trial is the indictment by the public prosecutor against the defendant. The focus is on the question of guilt and appropriate punishment. The Nebenklage allows the victim to assert their own rights in the process alongside the public prosecutor. This ensures that the victim is not only used as evidence but can actively participate in the trial.
2. Requirements and Eligible Parties
Not every crime grants the victim the right to join as a Nebenkläger. The Criminal Procedure Code (StPO) lists in § 395 the crimes where victims can participate as Nebenkläger. These include crimes against life (e.g., murder, manslaughter), crimes against sexual self-determination (e.g., rape, sexual coercion), and bodily harm offenses.
3. Rights of the Nebenkläger
The Nebenkläger has extensive rights in the process, including:
- Right to be present in the courtroom
- Right to question witnesses and experts
- Right to access files through the appointed lawyer
- Right to submit their own evidence
- Right to appeal, such as filing for appeal or revision, as far as their interests are concerned
4. Role of the Lawyer
A lawyer can help the victim effectively enforce their rights. They can review files, develop strategies for the hearing, submit evidence, and accompany and advise the Nebenkläger throughout the entire process. Especially in emotionally challenging cases, a lawyer can be a crucial support for the victim.
5. Final Thoughts
The Nebenklage is an important instrument to strengthen the rights of victims in criminal proceedings. It enables active participation of the victim and ensures that their interests and concerns are heard in the process. However, effective enforcement of these rights often requires the support of an experienced lawyer.
