Affected persons have the right to join the proceedings as private accessory prosecutors if the accused person was at least 18 years old at the time of the offence (if the accused person is under the age of 18, this applies only in cases of specific, particularly serious criminal offences which do not include all of those mentioned below) and if they are the victims of a specific criminal offence such as:

• sexual abuse,
• intentional bodily injury or
• criminal offences against personal liberty (e.g. hostage-taking or serious cases of unlawful imprisonment, trafficking in human beings).

This also applies to other offences such as stalking or violation of court orders in cases of domestic violence. Moreover, persons affected by any other offence are entitled to private accessory prosecution if joining the proceedings as a private accessory prosecutor appears necessary to safeguard their interests for specific reasons, especially if they suffer from serious consequences as a result of the offence. In addition, close relatives of victims who were killed as a result of a criminal offence are also entitled to private accessory prosecution.

If you are entitled to private accessory prosecution or have joined the proceedings as a private accessory prosecutor: You and your lawyer have the right to be present in court

The fact alone that a person is entitled to private accessory prosecution gives this person and his or her lawyer – unlike “ordinary” witnesses – the right to participate in the entire trial, even if the general public is excluded from it. Of course, this continues to apply once a person has actually been admitted as a private accessory prosecutor. Private accessory prosecutors are summoned to all trial hearings, whereas persons merely entitled to private accessory prosecution are summoned only upon their motion.

If there is doubt as to whether a person is entitled to private accessory prosecution, the court decides on the right to be present in court. Lawyers of private accessory prosecutors and of persons entitled to private accessory prosecution may even be present at judicial examinations conducted at the investigative stage, with exceptions only for special reasons requiring confidentiality. Even if you do not (want to) take an active part in the proceedings, you will still be provided with all the necessary information by your lawyer.

Motion to be admitted as a private accessory prosecutor possible even without a lawyer
A person’s lawyer can move for him or her to be admitted to the trial as a private accessory prosecutor. If persons do not wish to involve a lawyer, they can simply write to the court themselves. As a precautionary measure, they can also contact the public prosecutor’s office while the investigation is still under way.

More rights but no additional obligations
To avoid misunderstandings: Private accessory prosecutors do not have to submit a separate bill of indictment. That remains the public prosecutor's office's job. As private accessory prosecutors, they do not even have to be present in court, unless they are summoned to testify as witnesses. Nor do they have to make any motions. But they are allowed to do so, just as they are allowed to make their own submissions as private accessory prosecutors.

Extended rights of information
Private accessory prosecutors are always served with the court’s decisions. For example, they receive a copy of the judgment. If they wish to be provided with information or copies of documents from the files, they do not have to give special reasons. Finally, private accessory prosecutors can also challenge the court's decisions.

If you have any questions about private accessory prosecution, seek legal advice
If you are considering joining the proceedings as private accessory prosecutors and have further questions on this issue, you can turn to a victim support organisation or consult a lawyer.

You can find more information on private accessory prosecution here: "Guide for victims"