Legal remedies
  • Motion for resumption after the case has been dropped
    All victims must be informed if the public prosecutor discontinues the proceedings. Every victim first has the right to request a reasoned justification for discontinuance within 14 days after notification, regardless of whether he/she has joined the criminal proceedings as a private party. Moreover, every victim has the right to demand that the case be reopened, either within 14 days after receiving the notification of discontinuance, or within 14 days after receiving the reasoned justification.
    This motion must outline the reason why the victim believes that the public prosecutor has unjustly ended the proceedings.
    The motion must be filed with the public prosecutor. If the public prosecutor considers the motion for resumption as justified, he may immediately reopen the case.
    Otherwise, the public prosecutor will comment on the motion for resumption and transmit the case file to the regional court for decision. A panel of three judges at the regional court then decides on the motion for resumption.
    If the motion for resumption is rejected or dismissed, the applicant will be charged a lump sum fee of EUR 90 (these fees are covered if the victim has applied for victim advocacy services).
  • Appeal forviolationofrights
    The victim may file an appeal for violation of rights, if he/she believes that he/she suffered an infringement of a subjective right by the public prosecutor, that he/she was denied exercising a right, or that an investigative or coercive measure was conducted violating his/her rights.
    The appeal must be filed with the public prosecutor. There is no deadline, but the proceedings must still be in the investigation phase. If justified, the public prosecutor may immediately allow the appeal. If the public prosecutor turns down the appeal, a decision will be rendered by the regional court by a single judge.
  • Appeal against court orders
    If a victim is directly denied a right or if obligations are created by a court order, if the victim is affected by a coercive measure, or an infringement of a subjective right by the court during evidence taking is alleged, he/she may appeal this court order.
    Appeals must be filed with the court within 14 days after the order has become public or after the victim has become aware of the order, specifying the reasons. The competenthigher regional courtthendecides.
  • Appeal for the enforcement of private-law claims
    If the offender is convicted, every private party has the right to appeal for private-law claims being awarded if he/she were referred, either partially or fully, to the civil courts to enforce their civil-law claims. If the offender was acquitted, the private party may also institute legal remedies against being referred to the civil courts to enforce his/her claims because of the acquittal.
    Depending on whether this decision was awarded by a single judge, a mixed court or a jury court, the private party may appeal against the sentence or on the grounds of nullity.