A short overview of civil proceedings

In civil proceedings, two parties litigate against each other. There is no charge by the public prosecutor’s office.

Civil proceedings can take place before a local court or a regional court. The choice of court depends on the legal field (e.g. family law) and the amount in dispute (e.g. the amount of compensation for damages or for pain and suffering). Persons who have suffered damage due to a criminal offence and want to have this damage compensated can initiate civil proceedings. To do so, they must bring a civil-law action before the competent court. In order to bring an action before a regional court, they must be represented by a lawyer.

The so-called statement of claim must mention the exact name and address of the plaintiff and the defendant. It must also contain a detailed description of the aim of the action, i.e. what the plaintiff wants to be awarded by the court. Lastly, plaintiffs must describe all the facts underlying their claim and should, if possible, name witnesses or add documents (for example copies of a contract or bank statements) that can serve as evidence.

In civil proceedings, the court and the public prosecutor’s office do not carry out investigations. The plaintiffs must themselves explain and prove what has happened and what their claims are based on. At the end of the proceedings, the court issues a judgment. This judgment is usually pronounced separately and then sent to the parties in written form. However, the parties can also reach a settlement, the plaintiff can withdraw the action, or the defendant can accept the claim. In this case, no judgment is issued.

What types of claims can persons affected by a criminal offence assert in civil proceedings?

Plaintiffs can enforce various types of claims if their legal proceedings are successful. In some cases, several claims can be asserted simultaneously, for example claims for injunctive relief and compensation.

1. Injunctive relief and removal claims
   Where repetition can be expected, the offender commits to refraining from a specific damaging action in the future. Moreover, he or she must do everything in their power to rectify the damage already caused. This includes, for example, the deletion of intimate pictures or videos that the offender may have taken of the victim.
2. Compensation claims
   Persons affected by a criminal offence can be awarded financial compensation, for example to pay for repairs, lost income or hospital bills. They can also claim compensation for pain and suffering, the amount of which is set by the court in the individual case, taking into account the pain actually suffered as well as the duration of the healing or the permanent consequences of an injury.
3. Return of property and compensation for diminished value claims
   Offenders must return stolen or illegally obtained items. Where this is not possible, the injured party can claim compensation for diminished value.
4. Compensation for use claims
   If the offender possessed something with which he or she has earned money (for example a rental home or an investment), then he or she must compensate those affected, insofar as the offender gained unjustified advantages from the use of the object. This can be the case if he or she has generated income through the use of the object.
5. Expense claims
   If the person affected by the offence had to cover expenses, for example notary costs or transport costs, because the offender failed to fulfil his/her contractual obligations, the offender must reimburse these expenses.