🧑⚖️ Witness counsel and legal representation
In brief
Regardless of whether you join as a joint plaintiff: as a witness you may be accompanied by a lawyer of your choice at a police or court examination (§ 68b StPO). This witness counsel (Zeugenbeistand) may be present at the examination and advise you.
If you also want to take part in the proceedings as a joint plaintiff, for certain serious offences – such as sexual offences, attempted homicide offences or serious violent offences with considerable consequences – a lawyer is appointed at the state's expense on application, regardless of your income (§ 397a Abs. 1 StPO). In other joint plaintiff cases, appointment through legal aid (Prozesskostenhilfe) may be possible if you could not otherwise afford representation and the legal situation or the evidence is difficult (§ 397a Abs. 2 StPO).
Step by step
- Bring in witness counselYou can bring a lawyer along to the very first police examination (§ 68b StPO).
- Consider joint plaintiff statusClarify with legal advice whether the offence entitles you to join as a joint plaintiff (see separate topic page).
- Apply for appointment of counselFor the serious offences named in § 397a Abs. 1 StPO, legal representation is appointed on application regardless of income.
- Apply for legal aidIn other cases, legal aid can be applied for if your own financial means are not sufficient.
Deadlines
- Witness counsel under § 68b StPO is available to every witness, regardless of whether they join as a joint plaintiff or are even entitled to join.
- Free appointment under § 397a Abs. 1 StPO applies only to the offences expressly named there (including certain sexual and serious violent offences) – for other offences an application for legal aid with a means test is regularly required.
- Witness counsel may not, in principle, give testimony on the witness's behalf but advises and protects against impermissible questions.
In depth · legal basis, figures and practice – for advisers and professionals
§ 68b StPO: witness counsel
§ 68b StPO gives every witness the right to make use of the assistance of a lawyer at their examination. The counsel can be present and support the witness without becoming a party to the proceedings themselves.
§ 397a StPO: mandatory appointment and legal aid for joint plaintiffs
Under § 397a Abs. 1 StPO, a lawyer is appointed for injured parties on their application, regardless of their financial circumstances, including for felonies under § 177 StGB (serious cases of sexual assault) and certain human trafficking offences, for attempted murder or manslaughter with injury consequences, for serious assault and offences against liberty, and for injured parties of sexual or violent offences who are minors or particularly vulnerable for other reasons. If these conditions are not met, a lawyer can nevertheless be appointed by way of legal aid under § 397a Abs. 2 StPO if the injured party cannot otherwise sufficiently safeguard their interests and representation by a lawyer appears necessary.
Psychosocial trial support is free of charge
Independently of legal representation, free psychosocial trial support is additionally available in suitable cases (see separate topic page) – the two forms of support are not mutually exclusive and complement each other.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.