About legal aid
The costs of the trial
Persons affected by a criminal offence do not have to pay for criminal proceedings. The same applies to witnesses. Only persons who recklessly or intentionally make an untrue report must expect to be charged with court costs. This also applies to persons who withdraw a request to prosecute if the proceedings are terminated due to this withdrawal. In all other cases, the state bears the costs of the proceedings. If the accused person is convicted, the state will recover the costs of the proceedings from him or her.
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.
Legal matters are often complex and require specialised knowledge. In Germany, it is possible under certain conditions for the state to cover some or all of the costs of a victim’s lawyer.
Persons affected by particularly serious offences, such as sexual offences or attempted homicide, have special rights. They can appear before the court as joint plaintiffs. Irrespective of their income, the court must assign them a lawyer upon their application; the costs for this are borne by the state.
Affected persons have the right to join the proceedings as joint plaintiffs if the accused person was at least 18 years old at the time of the offence and if they are the victims of a specific criminal offence, such as sexual abuse, rape, intentional bodily injury, criminal offences against personal liberty, stalking, or violation of court orders in cases of domestic violence.
Persons affected are also authorised to bring an accessory prosecution if it appears necessary to protect their interests, in particular if they are suffering from serious consequences of the offence.
To ensure that nobody has to remain without legal assistance in difficult cases because of financial reasons, if you would like to get a lawyer and only have a low income, you can apply for legal aid in all cases in which an accessory prosecution would be admissible.
You can receive legal aid in criminal proceedings, if:
- you cannot represent your interests yourself or if you cannot reasonably be expected to do so, and
- you are unable to pay lawyer's fees or can only pay them in part or in instalments.
- the proceedings have a prospect of success.
The application can be submitted to the court. If the income changes within the following four years, legal aid may have to be repaid in full or in part.
If persons affected by a criminal offence need the assistance of a lawyer during their witness testimony, the court can assign them a lawyer of their choice free of charge if the following conditions are met:
- The persons affected by the offence are not in a position to exercise their rights themselves during their examination and
- they do not have a lawyer during their examination and their interests cannot be represented in another way.
It is important for people affected by a criminal offence to inform the court and public prosecutor’s office as early as possible of their need for assistance by counsel. Applications can be made with the court.
In some cases, legal expenses insurance providers cover the costs of proceedings. To find out details, contact your insurance provider or lawyer.
Additional reading:
Help Info for those affected by crime
Information leaflet for victims of a criminal offence (different languages)
Opferfibel – Victim’s Guide (English version at the bottom of the page)
