Procedure descriptions
Applying for compensation in criminal proceedings
Have you suffered loss as a result of a criminal offence?
As a victim, you may be able to claim compensation for this loss in criminal proceedings, subject to certain conditions.
The criminal court may also rule on the civil claim (adhesion proceedings) as part of the criminal judgement. This saves you from having to bring a separate action before a civil court.
Please note: The victim’s heirs are also entitled to this right.
The criminal court will not rule on compensation if it finds the accused not guilty. The same applies if, in the criminal court’s view, the claim asserted does not exist. The victim may then pursue their claims before a civil court.
This is also possible if the criminal court awards only part of the claim asserted in the civil action attached to the criminal proceedings.
Responsible authority
the court with jurisdiction over the criminal proceedings
Details
Prerequisite
- The claim must not yet have been brought before a court in any other proceedings.
- The defendant must have been at least 18 years old at the time of the offence.
Procedure
You may submit the application for joinder
- in writing to the court or the public prosecutor’s office, or
- have it recorded by court registrars, or
- present it orally during the main hearing.
Note: You do not need a solicitor to make the application.
In your application, you must clearly set out what (subject matter) you are seeking from the accused and why (reason). The application should also include the evidence. You do not need to specify a fixed amount for the compensation for pain and suffering. The court will determine the amount.
Note: You may withdraw the claim until the verdict is handed down.
The criminal court will rule on the civil claim asserted in the civil claim within the framework of the criminal judgement.
You will receive a copy of the judgement and, upon request, an enforceable copy.
If the court concludes that the application is inadmissible or unfounded, it will refrain from making a decision by way of a ruling.
Deadlines
Please submit your application as early as possible.
Required documents
The relevant authority may request documents, such as:
- invoices
- Expert reports
Costs
You may incur expenses during the proceedings, such as those for instructing a solicitor.
Your application may also result in higher costs being incurred by the court.
If the court grants your application, the defendant will also be required to bear these costs.
Otherwise, the court will decide who must bear the costs incurred.
Processing time
The court’s decision will depend on the application you submit during the proceedings.
Miscellaneous
none
Legal basis
Strafprozessordnung (StPO):
- §§ 403 - 406c Entschädigung des Verletzten
Release note
machine generated, based on the German release by: Justizministerium Baden-Württemberg, 02.09.2026