Victim in Criminal Proceedings: A Systematic Portrayal of Victim Protection Under German Criminal Procedure Law, Part One: Rights of Participation and Victim Protection (From Resource Material Series No. 70, P 31-40, 2006, Simon Cornell, ed. -- See NCJ-219628)

• NCJ Number: 219630
• Author(s): Markus Loffelmann
• Date Published: November 2006
• Length: 10 pages
• Sale Source: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
• Publication Format: Book Chapter
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Japan

Annotation

This article, which is part 1 of 2, provides an overview of victim protection under German criminal procedure law.

Abstract

The analysis focuses on the position of the victim in German criminal proceedings. In principle, within the German criminal justice system, the victim does not have any claim for the punishment of the offender. Indeed, the victim only takes on significance in criminal proceedings as the initiator of the criminal proceeding. Indeed, the literature on victimology in Germany focuses on the “elimination” of the victim of serious crime from the criminal prosecution process. However, from a historical point of view, the participation of victims in criminal proceedings was the rule rather than the exception--under Germanic law, criminal prosecution was basically in private hands. Despite the talk of eliminating the victim from criminal proceedings, the role of the victim in relation to the criminal justice system has received renewed interest in the German legislature. The rights of victim participation in criminal proceedings and victim protection legislation are reviewed, which actually makes distinctions among the role of the victim as a person filing a report of a criminal offense, as a witness, as a prosecuting party, and as a co-defendant. Legislation has recently focused on protecting victims in criminal proceedings, including general duties of protection and control over the right to ask questions of the victim. Moreover, during a judicial examination, the public prosecutor must pay particular attention that the victim is not subjected to more distress by the questions and explanations of the accused. The rights of child victims of crime are reviewed and are described as enhanced in comparison to adult victim rights. Special witness protection measures are described, which are designed to reduce the psychological impact on the victim arising from the criminal proceedings. The promise of confidentiality and witness protection programs are briefly described.