Private accessory prosecutors and their influence on German criminal proceeding

Abstract

Insufficient victim protection and, consequently, ineffective victims’ rights are a global issue with- out a globally binding and final solution. The EU Victims’ Rights Directive, however, strives for harmonisation within the Member States and may act as a role model, albeit not all-encompassing, to other countries. The implementation of the Directive offers opportunities to expand these re- quirements. The wording ‘shall be determined by national law’ plays an essential role in the im- plementation, which in Germany leads to a graduated regulatory regime. Specifically, the rights of private accessory prosecutors – in short, a person who joins the criminal proceedings brought by the public prosecutor without replacing them – go well beyond the rights of other victims. There is, therefore, also a gradation of rights within Germany instead of a completely uniform picture. However, if and insofar as rights go further than EU minimum standards, practical problems also arise. In particular, the extent of the right to inspect files is the subject of controversial debate. On the one hand, the victim should be given protective mechanisms. On the other hand, extensive victims’ rights generate criticism regarding the rights of the accused. These conflicting rights are especially crucial in word-against-word situations when too much information on the victims’ side leads to questions regarding their credibility.