⚖️ Joint plaintiff status (Nebenklage): taking an active part in criminal proceedings as a victim

For certain serious offences you can join the criminal proceedings as a joint plaintiff and take an active part, instead of being just a witness.

joint plaintiff (Nebenklage) § 395 StPO § 396 StPO § 397 StPO declaration of joining (Anschlusserklärung)

In brief

Joint plaintiff status (Nebenklage) gives victims of certain, mostly more serious offences the right to actively join the ongoing criminal proceedings instead of appearing only as a witness. Those entitled to join include injured parties of sexual offences, attempted homicide offences, dangerous or serious assault, false imprisonment, coercion in serious cases, stalking (Nachstellung) in particularly serious cases, and close relatives of people who were killed (§ 395 StPO). For other offences, joining is possible if safeguarding your interests appears necessary for special reasons because of the serious consequences of the offence.

As a joint plaintiff you have, among other things, a right to be present even during non-public parts of the hearing, a right to question the accused, witnesses and experts, the right to file motions to take evidence, and your own right of complaint against certain court decisions (§ 397 StPO). Joining is done by a written declaration to the court (§ 396 StPO) and in certain cases comes with free legal representation (see “Witness counsel and legal representation”).

Step by step

Check whether the offence entitles you to join as joint plaintiffThe decisive factor is the specific indictment or the underlying allegation – it is best to clarify this with legal advice.
Submit the declaration of joiningThe declaration of joining as a joint plaintiff is submitted to the court in writing, usually by a lawyer.
Clarify legal representationFor certain serious offences a lawyer is appointed at the state's expense (see separate topic page).
Take part in the proceedingsAs a joint plaintiff you can attend the main hearing, ask questions and have motions to take evidence filed.
Consider legal remediesAgainst certain decisions (e.g. acquittal due to lack of criminal responsibility) the joint plaintiff has a legal remedy of their own, independent of the public prosecutor's office.

Deadlines

No statutory deadline

The law names no fixed cut-off period for joining as a joint plaintiff; however, it should be done as early as possible so that the associated rights (e.g. file inspection, right to ask questions from the start) can be used. In practice, joining is regularly possible until the taking of evidence has concluded.§§ 395, 396 StPO

Watch out – common mistakes

Joint plaintiff status is not a separate procedure but participation in the criminal proceedings conducted by the public prosecutor's office – an acquittal remains possible.
Not every offence entitles you to joint plaintiff status; for offences not named in § 395 StPO, joining is only possible by exception via the hardship clause (paragraph 3).
Joining as a joint plaintiff does not rule out giving witness testimony – joint plaintiffs are often also the most important witnesses for the prosecution.

In depth · legal basis, figures and practice – for advisers and professionals

Entitlement to join in detail (§ 395 StPO)

§ 395 Abs. 1 StPO lists the offences for which joining is possible without further conditions, including: sexual offences (§§ 174 to 182, 184i to 184k StGB), attempted murder or manslaughter, offences under the Code of Crimes against International Law (Völkerstrafgesetzbuch), dangerous and serious assault as well as abandonment resulting in death (§§ 221, 223 to 226a, 340 StGB), human trafficking, forced marriage, false imprisonment, hostage-taking and coercion in certain serious cases (§§ 232 to 238, 239 Abs. 3, 239a, 239b, 240 Abs. 4 StGB) and – expressly included – particularly serious cases of stalking under § 238 StGB and offences under the Protection against Violence Act. Under paragraph 2, the parents, children, siblings, spouses or life partners of a victim who was killed can join. Paragraph 3 additionally opens up joining for other unlawful acts if this appears necessary to safeguard interests for special reasons, in particular because of the serious consequences of the offence.

Powers of the joint plaintiff (§ 397 StPO)

Joint plaintiffs may be present throughout the main hearing, even if the public is excluded, challenge judges and experts for bias, ask questions of the accused, witnesses and experts, raise objections, file motions to take evidence and make statements. Through a lawyer they also receive file inspection (§ 406e StPO).

Relationship to the public prosecutor's office

Joint plaintiff status exists alongside, not instead of, the public prosecutor's office; the proceedings remain proceedings prosecuted ex officio. Nevertheless it gives those affected a procedural position of their own, independent of the discretion of the public prosecutor's office.

Who is responsible

Local court or regional court (criminal court)
lawyer

Quick questions

Worum geht es bei „Joint plaintiff status (Nebenklage): taking an active part in criminal proceedings as a victim“?

For certain serious offences you can join the criminal proceedings as a joint plaintiff and take an active part, instead of being just a witness.

Which deadlines and figures matter?

No statutory deadline: The law names no fixed cut-off period for joining as a joint plaintiff; however, it should be done as early as possible so that the associated rights (e.g. file inspection, right to ask questions from the start) can be used. In practice, joining is regularly possible until the taking of evidence has concluded. (§§ 395, 396 StPO)

What should I do first?

Check whether the offence entitles you to join as joint plaintiff: The decisive factor is the specific indictment or the underlying allegation – it is best to clarify this with legal advice.
Submit the declaration of joining: The declaration of joining as a joint plaintiff is submitted to the court in writing, usually by a lawyer.
Clarify legal representation: For certain serious offences a lawyer is appointed at the state's expense (see separate topic page).

What do I need to watch out for?

Joint plaintiff status is not a separate procedure but participation in the criminal proceedings conducted by the public prosecutor's office – an acquittal remains possible.
Not every offence entitles you to joint plaintiff status; for offences not named in § 395 StPO, joining is only possible by exception via the hardship clause (paragraph 3).
Joining as a joint plaintiff does not rule out giving witness testimony – joint plaintiffs are often also the most important witnesses for the prosecution.

Evidence

§§ 395, 396, 397 StPO (gesetze-im-internet.de)

As of

As of September 2026. · Sources and method

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