Lawyer for victims

How can a lawyer assist victims?

Adam Hellwig

A lawyer plays a crucial role in criminal proceedings, especially for the victim. Here’s what a lawyer can actually do for the victim in a criminal case:

1. Establishing Representation

  • The victim has the right to appoint a lawyer as their representative. The victim does not need to participate in all procedural activities (except for giving testimony). It is important for the lawyer to be involved from the investigation stage (before the case reaches court).

  • The lawyer can participate in questioning suspects and witnesses, prepare the groundwork for claims for damages or compensation, and keep the victim informed about the case's developments and available rights. During the trial, the lawyer ensures that the victim acts as an auxiliary prosecutor alongside the public prosecutor, allowing them to demand favorable rulings.

2. Consultation Before Reporting a Crime

  • A lawyer can assist in assessing the legal situation of the victim before deciding to report a crime to law enforcement. They can draft a crime report and identify relevant evidence.

3. Oversight of Proceedings

  • The lawyer monitors the proper conduct of criminal proceedings, overseeing actions taken by prosecutors and police. They have the right to appeal unfavorable procedural decisions.

4. Representation in Court

  • In court proceedings, the lawyer represents the victim as an auxiliary prosecutor. They can submit evidence requests and participate in hearings, ensuring that the victim's rights are upheld.

5. Pursuing Compensation and Damages

  • The lawyer can file requests for compensation and restitution for harm or financial losses caused by the crime.

6. Assistance with Legal Filings

  • The lawyer helps in submitting necessary legal documents and appeals, which is crucial for protecting the victim's rights.

7. Emotional Support

  • In addition to legal aspects, a lawyer can provide limited emotional support, which is important during difficult situations related to criminal proceedings.

  • While not a therapist, the lawyer helps alleviate some burdens on the victim by managing legal issues that might otherwise require revisiting traumatic experiences during questioning.

8. Participation in Procedural Activities

  • The lawyer has the right to participate in procedural activities such as interrogations, ensuring that procedures are followed and that the victim's interests are protected. Legal assistance from a lawyer is essential for effectively navigating criminal proceedings, highlighting both the complexity of criminal law and the necessity of understanding legal procedures.