If a victim is granted psychosocial support during criminal proceedings, he or she may also request such support for civil proceedings between him or her and the defendant if the subject matter of the civil proceedings is closely related to the subject matter of the criminal proceedings and this is necessary to safeguard the procedural rights of the victim. A close factual connection exists in any case if private law claims, such as claims for damages, arise from the criminal offense.
Whether the necessary requirements for the granting of such services are met is to be assessed by the respective victim protection institution, which also provides support during the proceedings. The institution is subject to the control of the Federal Ministry of Justice. If the granting of legal aid is refused, the victim may file a civil lawsuit for legal aid to be granted.
The entitlement to psychosocial accompaniment during the trial includes preparation for the stresses associated with the proceedings (e.g. contact with the court) and accompaniment of the victim to the trial. Unlike in criminal proceedings, however, there is no legal process support in civil proceedings.
Legal aid is generally to be granted up to a maximum amount of EUR 1,000. However, if the victim has been granted protection, this amount is increased to EUR 1,400. After a final decision, the court must oblige the opposing party to pay the Federal Government the costs arising from the legal aid, if the costs of the lawsuit have been imposed on the opposing party or have been assumed in a settlement. However, if the victim loses the case and is thus ordered to pay the costs of the proceedings, the Federal Ministry of Justice shall finally bear the costs of the legal aid—the victim shall therefore in no case bear his or her own costs of the proceedings.
As a rule, experts such as lawyers, trained psychologists or social workers, act to accompany the victim. They are regarded as persons of trust in the proceedings and may therefore be present at the hearing even if the public is excluded. The companion must also be notified by the court of all hearings and trial dates and has the right, at the victim’s request, to accompany the victim to all hearings and trials.
