Victim protection

Legal aid

According to the Victim Support Office, the practice of the Criminal Procedure Code revised in 2022 to improve victim protection in criminal proceedings works well overall in those cases in which the Victim Support Office is involved. However, the Victim Support Office sees a need for action with regard to legal aid in criminal proceedings. According to Art. 25 of the Victim Support Act, victims and their relatives are exempt from fees and costs in court and other administrative proceedings that are a consequence of the crime in accordance with the legal aid provisions of the respective procedural regulations. If a victim has been granted legal aid but the costs cannot be transferred to the offender or a third party, the victim owes these costs to the state. This means that the victim must prove annually, for 10 years and without being asked, that no repayment of the legal aid granted is possible. If assets are identified in the proof of assets, the legal aid must be repaid. If proof of assets is not properly provided, it is assumed that the legal aid granted can be repaid. In the case of minors, the parents are held responsible - regardless of the nature of the relationship or living circumstances. This regulation is not victim-friendly and, in the opinion of the Victim Support Center, discourages victims from seeking legal representation. In addition, the 10-year repayment requirement is not only economically but also psychologically stressful for the victims.

Association complaints

The right of associations to lodge a complaint refers to the right of recognized organizations or associations to lodge a complaint or lawsuit in the public interest, even if they are not directly affected themselves. Such a right strengthens the human rights of vulnerable groups because they often lack the resources, knowledge or social position to assert their rights independently. In addition, it can be associated with shame to expose oneself as a victim. Associations can make structural abuses visible, pursue them legally and thus ensure access to justice for particularly vulnerable people and improve the administration of justice overall. For this reason, during the consultation process for the founding of the Association for Human Rights, various organizations submitted an application for the VMR to be granted the right to lodge an association complaint.

 

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