Rights of co-plaintiffs: How to protect yourself in the process!

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On July 16, 2025, a trial for the co-prosecution will begin in Magdeburg, which will shed light on victim protection and the rights of those affected.

Am 16.07.2025 beginnt in Magdeburg ein Prozess zur Nebenklage, der Opferschutz und Rechte von Betroffenen beleuchtet.
On July 16, 2025, a trial for the co-prosecution will begin in Magdeburg, which will shed light on victim protection and the rights of those affected.

Rights of co-plaintiffs: How to protect yourself in the process!

The topic of co-plaintiffs is becoming increasingly important in our society, especially in the context of victim protection. An important aspect that deserves more attention is the right of co-prosecution, which allows victims of certain crimes, including intentional bodily harm, to actively participate in legal proceedings. Loud MDR Those affected can act as co-plaintiffs, which gives them significant advantages compared to witnesses.

Co-plaintiffs not only have the right to follow the negotiations, even if the public is excluded, but can also make their own statements and submit applications. You decide for yourself whether and in what form you appear in court as long as you are not called as a witness. They have expanded access rights and receive more information from the court, which can help them better exercise their rights.

Legal situation and rights of the co-plaintiffs

In recent years, the legislature has worked intensively on strengthening the additional prosecution system. Especially since the StPO reform of 2019, the rights of co-plaintiffs have been significantly expanded. For example, group representation for co-plaintiffs is now possible, which means that several affected parties can benefit from a single legal representation. These aspects are regulated in paragraphs 395 to 402 of the Code of Criminal Procedure (StPO). Burhoff highlights.

A key aim of these regulations is victim protection, which is significantly strengthened by the possibility of joining a public lawsuit. In addition, co-plaintiffs can also contribute to the preparation of compensation processes, which further improves their legal position. The rights of the co-plaintiffs also include the opportunity to obtain access to the files from a lawyer and to claim free interpreting services for non-German-speaking co-plaintiffs.

Special procedures and costs

Another interesting aspect is the possibility of appointing a co-plaintiff who, in accordance with Section 397a StPO, can also take on representation in cases with several co-plaintiffs. In practice, this can facilitate access to legal remedies and give a stronger voice in the process. How Deubner reported, joining a subsidiary lawsuit is permissible until the judgment becomes final, which gives those affected more time to protect their rights.

The defendant usually bears the costs of the additional prosecution if he is convicted. In the event of an acquittal or for other reasons, the co-plaintiff must bear the costs themselves, which is worth considering when it comes to taking legal action.

Overall, it can be seen that the regulations on additional prosecution in Germany are designed to strengthen victim protection and to give victims of crimes more rights and opportunities to have a say. The continued development of this right is an important step in the right direction because ultimately it is about ensuring that victims of crime receive the support and justice they deserve.