Frequently asked questions

FAQ

FAQ: Criminal complaint

What information must be included in a criminal complaint?

There are no specific or formal requirements for filing a criminal complaint. The complaint should include your complete personal data (name, address, e-mail, date and place of birth, telephone number) as well as brief information about the factual situation/criminal offence. It is best to answer the classic questions: What happened? How, where and when did it happen? Who was harmed? You should also mention the names of potential witnesses.

What happens after I have filed a criminal complaint?

The police are required to respond to and objectively investigate every initial suspicion of a crime – this means that they look for both incriminating and exonerating evidence. This can sometimes take weeks or even months. If the criminal proceedings are discontinued, meaning that no prosecution takes place, you will be notified. If you have been directly affected by the crime, you can also make an inquiry to the investigating authorities about the status of the matter (a sample for a relevant application is contained in the “Victim Handbook”).

What is the difference between an application for criminal prosecution and a criminal complaint?

After a crime has been committed, you can file a criminal complaint with the police or the public prosecutor's office. You can do this personally, by post or online. You cannot take back a criminal complaint; the criminal prosecution authorities are required to investigate.
That means: After a criminal complaint has been filed, the criminal prosecution authorities are required to investigate whether an initial suspicion exists. If so, the public prosecutor’s office must initiate an investigation proceeding. However, a number of less serious crimes are offences prosecuted only “upon application” (Antragsdelikte). Unlike the mere reporting of facts, an application for criminal prosecution is an express (written) declaration that you wish the offence to be prosecuted. Usually the police will ask you to sign an appropriate form when you file your criminal complaint.An application for criminal prosecution can be withdrawn at any time prior to the conclusion of the criminal proceedings.If you wish to file an application for criminal prosecution, you must do so within three months. The time limit begins on the date you first became aware of the crime and the identity of the perpetrator. If you decide not to file an application, fail to observe the time limit, or withdraw the application, the public prosecutor’s office can no longer simply continue the proceedings.Often, filing the criminal complaint and applying for criminal prosecution are done at the same time. You can find more information on criminal complaints and applications for criminal prosecution here

For how long after the crime can I file a criminal complaint?

As a general rule, you can file a complaint at any time. The law does not provide for a time limit. However, if the statute of limitations on the crime has already expired, the public prosecutor’s office might discontinue the proceedings.

FAQ: Support services

How is victim support structured in Germany?

General victim support is provided independently by the German Länder. Furthermore, there are organisations operating at a national level, such as “WEISSER RING e.v.” and Arbeitskreis der Opferhilfen in Deutschland e.V. (ado). The Service Locator provides a national overview of available assistance.

What does the Federal Government Commissioner for the Victims and Bereaved of Terrorist Offences Committed on National Territory do?

The Federal Government Commissioner for the Victims and Bereaved of Terrorist Offences Committed on National Territory is available as a contact person for all persons affected by terrorist offences in Germany. He serves as a contact person for victims over the long term. He helps with practical matters, works closely with the responsible commissioners and agencies in the Länder and, if necessary, arranges for local support. Moreover, he is dedicated to ensuring that the needs of victims are heard by policymakers.

FAQ: Securing evidence

I have suffered sexualised or physical violence. Where can I have my injuries documented?

As a rule, all doctors – whether in private practice or in a hospital – can issue a medical certificate of the injuries sustained by victims of sexualised or physical violence. Some cities have specialised outpatient clinics for the protection against violence, where victims can have their injuries documented anonymously. Taking your own photos of your injuries is possible as well. More information on this topic can be found in our information on securing evidence.

Can my family doctor issue a forensic documentation?

Any examination by a doctor can be used as evidence. Nonetheless, documentation by a forensic physician (who are usually employed by forensic institutes at university clinics) might be helpful specifically with regard to a later criminal trial. More information on this topic can be found in our information on securing evidence.

I did not have my injuries documented. Can I still file a criminal complaint?

Filing a criminal complaint is always possible. But documenting injuries and other traces can help to provide evidence of whether and how severely an injury was inflicted.

I want to secure evidence of hate and violence on the Internet. How can I take a screenshot that has all the necessary information?

When individuals want to secure evidence of hate and violence on the Internet, they must take particular care to ensure that it is complete. One way to do so is to take a screenshot that includes all important information. In addition to the comment which is the basis of the complaint, it should include the post’s date and time and the (user) name of the alleged perpetrator. Moreover, the context in which the comment was made should be visible. It must be clear against whom the comment was directed and when it was posted. A time stamp of the screenshot can provide information as to when the post was still available on the Internet. More information on this topic can be found in our information on securing evidence.

FAQ: financial aid

What costs will I have to pay as a witness in criminal proceedings?

For the most part, travel expenses, and potentially costs due to loss of earnings. Witnesses have a right to reimbursement of such costs. More can be found in the information for witnesses.

FAQ: Hardship payments

Who might be eligible for hardship payments?

Victims of extremist attacks or terrorist crimes and their families might be eligible for hardship payments. The State provides this voluntary financial service as a sign of solidarity.

How can I apply for hardship payments?

Those affected by extremist attacks and terrorist crimes can apply to the Federal Office of Justice for hardship payments.

FAQ: Prevention services

Where can I find tips and counselling to prevent crime?

The site polizeiberatung.de is a comprehensive police platform where interested persons can obtain information on various criminal offences and can find contact persons for personal counselling. Find out more at Prevention Services

How can I protect myself against harassment in social media?

An important basic rule: Be careful of what private information you divulge. Set your profile so that strangers cannot see any of your private data, or do not even publish any in the first place. Sensitise your family members and friends to protect their privacy as well, in order to prevent them from unintentionally serving as a source of information for others. Additional tips at Prevention Services.

FAQ: Psychological support

How much will psychological assistance after a crime cost me?

Psychological support for victims following a criminal offence is free of charge as a general rule; depending on the service, the health insurance provider or the pension offer bear the costs.

Can I get anonymous counselling?

Your initial contact with a counselling service is always possible anonymously. Depending on the type of support, in the further course of counselling it might be necessary to provide personal data.

FAQ: Trial

Can parents testify for their minor children?

Parents cannot testify instead of their children. But there are many possibilities to provide special protection to children and juveniles when testifying.

What special rights do minor witnesses have?

For example, in court they are only questioned by the presiding judge. Direct questions from others might be allowed only as an exception. In cases involving minors, it is easier to have the public excluded or the defendant removed from the courtroom. Especially in the case of sexual offences and certain violent offences, it is possible for the testimony of a child to be recorded before the trial, with this recording then being shown in court. This way, the child does not have to appear in the courtroom at all. For more information, parents, legal guardians or juveniles themselves can contact a counselling service or a lawyer.

May I refuse to testify as a witness?

A witness who is married or engaged to be married to the defendant does not have to testify. The same applies to a person who is closely related or related by marriage to the defendant. A person who wishes to testify but is afraid of doing so because the offender is a family member can turn to a counselling centre for support. Questions that could suggest that the person questioned or a relative of that person may have committed an offence do not have to be answered; nobody is required to incriminate herself or himself. A person who has decided to testify must tell the truth - the right to refuse testimony allows a person to remain silent, but does not allow the person to lie.

Who listens when I testify in court as a witness?

During a criminal trial, in addition to the judge and the public prosecutor, the defendant and usually a lawyer are present. Also, often there is a guard in attendance, as well as someone who takes a record of the trial. In juvenile criminal proceedings, usually also present is a representative from the juvenile court assistance agency. Depending on the type of court, additional judges as well as lay judges might be present as well. Criminal trials are generally open to the public in Germany; this means that interested visitors may be present in the courtroom. Under certain circumstance, however, the public may be excluded by the judge. If there is a probability of a particularly serious threat or burden on witness, the court can decide that witnesses are to give their testimony in the absence of the defendant. Criminal trials against juveniles (under 18 years of age at the alleged time of the offence) are in principle not open to the public.

FAQ: Assistance in criminal proceedings

What is victim-offender mediation?

This is an out-of-court conflict resolution procedure between the offender and the victims, usually moderated by a conflict counsellor. The goals of victim-offender mediation include strengthening the interests of the victims, confronting the offenders through direct encounters with the consequences of their actions, and re-establishing the personal peace of the victims – either with or without substantive restitution for damages.

Who pays for my lawyer if I don’t have any money?

If defendants are convicted, they must pay the costs of the proceedings, which include, for example, the attorney fees of private accessory prosecutors. However, many of these convicted persons do not have the money to do so and in this case, those affected by the offence will have to pay their lawyers themselves. But there are exceptions which allow the granting of legal aid to affected individuals. In some cases, they can make a motion to the court to have a lawyer appointed for them. More information on this topic can be found in our information on costs of the proceedings. Special rules might apply in cases covered by juvenile criminal law.

When am I a witness and when a private accessory prosecutor?

Victims are witnesses first of all. In some cases, they can join the prosecution and thereby become private accessory prosecutors. They are then active participants in the trial and receive additional rights, e.g., the right to make evidentiary motions or challenges for bias.

What happens during a trial?

The presiding judge opens the trial and determines whether all necessary persons are present. He or she then questions the defendant about his personal data and then calls upon the representative of the public prosecutor’s office to read out the indictment. The defendant is then questioned about the incident and evidence is taken. If necessary, witnesses and experts are questioned as well. The public prosecutor’s office then holds its closing argument and makes a motion for a penalty to be imposed. The defendant has the last word. The court then engages in confidential consultations. The trial ends with the court announcing its judgment.

Who is allowed to ask questions in court?

In principle, all participants to the proceedings: Judges, public prosecutors, defence attorneys, representatives of any private accessory prosecutors, as well as the defendant. People from the audience are not allowed to ask questions.

What is the difference between court-appointed defence counsel and self-selected counsel?

All defendants can, in principle, choose their own lawyer. If they do not do so, the court will appoint a defence attorney in cases of mandatory defence, for example when a felony is charged or when the expected penalty is high. Appointed and self-selected defence counsel have equal rights and responsibilities.

Who pays for the criminal proceedings?

As a general rule, convicted persons must pay the costs of the court proceedings – meaning court costs, all attorney fees as well as the costs for other participants such as experts. In the case of an acquittal, or if the convicted person is not in a position to pay the costs, the Treasury initially takes over the costs of the proceedings. If participants are represented by an attorney, they must in some circumstances take on the costs for this themselves. However, there are exceptions to this. What they are, and more information on the costs of criminal proceedings, can be found in the Information on the costs of proceedings.

FAQ: protection against violence

I am a victim of domestic violence. Who can I turn to?

The police (tel. 110) can help in situations of acute danger. If you do not (yet) want to involve the police, you can get in contact with a counselling service. The “violence against women” distress helpline at the free number 08000 116 016 can provide contacts. Further, motions for court-ordered protective measures may be made in particular pursuant to the Act on Protection against Violence (Gewaltschutzgesetz).More information and additional offers of specific assistance can be found in the information on “What should you do in a situation of domestic violence?”

FAQ: Witnesses

Who is allowed to be present during police questioning?

Witnesses are allowed to bring a relative or a friend, as long as they are not witnesses themselves. There is also the possibility of seeking professional help, for example from a lawyer.

Is there an obligation to give testimony?

If the accused person and/or defendant and the person due to testify are closely related, with the degree determined by statute, (e.g., uncle/aunt, but also great grandparents-in-law), or if they are engaged or married, the person is not required to testify. In addition, witnesses do not have to answer any questions if they would incriminate themselves or close relatives by doing so. If the degree of relation is not close (e.g., cousin or relatives such as great uncle/great aunt), in contrast, there is no right to refuse testimony or not to provide information.

I do not want everyone to learn intimate details about me. Do I still have to testify?

Under certain circumstances, for example in cases of particularly serious offences or where witnesses would have to describe very personal or intimate details, the public can be excluded from the trial. However, the respective statements must be given before the court. In special cases, the witness may testify by video transmission.

FAQ: Civil proceedings

What do I have to do to bring a civil-law action?

Actions may be submitted orally or in writing at the legal motion office of the competent court. If the action is submitted in writing, plaintiffs do not need to know any expert legal language. All that is necessary is the most complete and comprehensible description of the facts. So that affected persons do not need to file a separate action, there is the so-called adhesion procedure. This means that claims under civil law (for example, compensation for damages or for pain and suffering) can also be asserted as part of a criminal trial. Affected persons can make a motion for an adhesion procedure in writing, can have it be recorded by the registry clerk at the local court before the trial, or make an oral motion during the trial. It is not necessary to have a lawyer represent you in court, but it is advisable to consult an attorney on the matter. There is no possibility to assert an adhesion procedure against juveniles (who were under 18 at the alleged time of the offence), among other reasons so that the educational effect due to an expected conviction is not delayed. In such cases, however, a lawsuit may still be filed under civil law.

Which court is responsible for my case?

The choice of court depends on the legal field concerned (e.g. family law) and the amount in dispute (e.g. the amount of compensation for damages or for pain and suffering). The ordinary courts (local courts, regional courts, higher regional courts, and the Federal Court of Justice) have jurisdiction for claims under civil law.

What is the difference between civil and criminal proceedings?

Civil law governs the relationship among citizens – for example, a case might involve claims arising from a contract or for compensation for damages. The parties to the conflict then meet in court. Criminal proceedings involve punishable conduct, such as bodily injury or robbery, which the State has an interest in prosecuting. In such a case, the parties are one or more defendants as well as the public prosecutor’s office.