Pre-trial investigation and criminal proceedings

Assistance available for the victim during the criminal procedure

The German Code of Criminal procedure stipulates numerous assistance measures for victims of human trafficking. 

These include:

  • Entitlement to be joint plaintiffs
  • Right to be assigned a lawyer free of charge by the court. 
  • Right to Psychosocial Assistance
  • Right to bring a support person to accompany the victim in the interviews

Victims can benefit from the aid of a lawyer already before they join the indictment of the prosecution. Victim-witnesses who due to their vulnerability cannot exercise their legal rights themselves, can also be assigned a lawyer for the duration of their testimony. 

In addition, victims of trafficking can apply for psychosocial assistance. Specially qualified and trained psychosocial assistants offer non-legal support, care for and accompany the victim before, during and after court proceedings, and can give the victim general information for instance about the course of the proceedings. Vulnerable adult victims of trafficking can apply for an appointment with a psychosocial assistant free of charge.

All victims have the right to bring a person of trust accompanying the victim in the interviews, unless where this might jeopardise the purpose of the investigation. 

Children

When the victim is a child, investigative actions concerning the victim are conducted in an expedited manner. Like adults, child victims of trafficking are entitled to the support of a psychosocial assistant. For children, the psychosocial assistant is always appointed free of charge by the court.  The testimonies of child victims can be pre-recorded to avoid their revictimization in court proceedings.

Depending on the circumstances of the case, child victims of human trafficking can be assisted through the Childhood Houses of the World Childhood Foundation. Childhood Houses are child-friendly, multidisciplinary, outpatient drop-in centres for young victims of physical assault or sexual violence. Through close cooperation between doctors, psychologists, child and youth welfare services, police, and the judiciary under one roof, repeated interviews or examinations of victims can be minimised. Childhood Houses offer rooms that can be used for meetings, conferences, medical examinations, and judicial interrogations. 

Protection of the victim during the criminal procedure

Presumed victims are protected through various measures mandated in the German Court Constitution Act and the Code of Criminal Procedure.

These measures include:

  • Allowing the endangered victim to state only their place of residence or the address of a victim support organization, rather than their full address to protect their privacy. If needed, the complete identity of the victim can be kept secret.
  • Questions concerning the personal life of a witness may only be posed when they are indispensable to clarify the case
  • Restrictions can be placed on the people present in the same room with the witness.
  • The trials can be conducted without public attendance

The protection needs of the victims and witnesses are assessed throughout criminal proceedings by the competent authorities. 

In-person participation in the main court hearing is generally necessary. However, there are some exceptions:

  • An audiovisual recording of the previous judicial examination can replace live testimony if it is deemed necessary to protect the victim, for instance, if the victim-witness is a child or vulnerable and at an urgent risk of serious harm. In these cases, using a recorded testimony allows vulnerable victims to avoid having to experience repeated interviews and revictimization. 
  • If the conditions for using an audiovisual recording are met, the place of questioning can be abroad. The personal court hearing of a foreign witness may also be replaced by a provisional hearing, possibly through mutual legal assistance. The recording of the witness examination can then be presented during the court proceedings.
Children

Additional protection measures are put in place when the victim-witness is a child. Trial interviews of minors are generally conducted only by the judge. Other participants can get permission to ask the victim/witness questions directly only if there is no danger of negatively impacting the well-being of the child. 

Moreover, the court can decide that the defendant has to leave the courtroom while the witness is being interviewed. The public must be excluded from the courtroom if the witness requests so. 

Receiving compensation

In criminal proceedings, any person who has suffered damage as a direct or indirect consequence of an offence can claim compensation from the defendant for financial damages as well as pain and suffering. The claims are based on civil law provisions by so-called adhesion claims, which are integrated in the criminal procedure (Code of Criminal Procedure, section 403). 

Injured persons have to be informed about the possibility of asserting compensation claims within criminal proceedings. In addition to the adhesion claim, damages can also be claimed in civil proceedings, in accordance with the general provisions of the Code of Civil Procedure.

In addition to the aforementioned compensation claim within criminal proceedings, victims of violent crimes are entitled to state compensation.  

The entitlement to state compensation is not dependent on the outcome of criminal proceedings or whether the offender can provide compensation and it applies to all victims of violence, regardless of their residence status.

The further requirements are regulated in the 14th Book of the German Social Code. 

State compensation benefits are granted on application, based on the health and economic consequences of the damage caused by the violent act and most compensation benefits are granted even if the victim is abroad.

Psychological violence is recognized as a form of violence eligible for compensation. The law explicitly clarifies that all cases of human trafficking can be covered by the definition of psychological violence. Depending on if the requirements are met, state compensation benefits may include:

  • Medical care,
  • Monthly payments, and
  • Subsistence care benefits.

In addition, victims, their relatives, and closely related people are entitled to use the services of a trauma clinic. The state covers any interpretation and translation costs.