In brief

With an accessory prosecution, a second party joins the prosecutor on the prosecution side: the injured person, usually with their own lawyer. For the defence this changes the tone and often the aim of the hearing.

Who may join as an accessory prosecutor is set out in Section 395 StPO. The list covers sexual offences, attempted homicide, offences of bodily injury, stalking, unlawful detention, breaches of the Protection Against Violence Act and relatives of persons killed, among others. For other offences, such as insult or theft, joinder is possible where special grounds exist, in particular serious consequences (Section 395(3) StPO).

The rights are extensive (Section 397 StPO): presence throughout the hearing even if the accessory prosecutor is to testify as a witness, the right to ask questions, to apply for evidence, to challenge judges and experts, a closing submission of their own and an appeal against the judgment insofar as it concerns their offence. For serious offences a victim’s lawyer is appointed at public expense under Section 397a StPO.

Compensation within the criminal case

Closely linked is the adhesion procedure under Sections 403 et seq. StPO. The injured person can bring civil claims within the criminal case, typically for damages for pain and suffering. The criminal court then decides those too, and a separate civil action is unnecessary. For defendants this means the hearing is not only about the sentence but also about money, and a settlement on damages can feed into sentencing.

What the defence keeps in mind

Things rarely become easier with an accessory prosecutor. One who feels ignored will not agree to a dismissal and will appeal. Sincere victim-offender mediation or an agreement on damages, on the other hand, can steer the whole case in a different direction. Particularly in conflicts within someone’s personal circle, we therefore speak to the accessory prosecutor’s lawyer early on if the client wishes. Where it is one word against another, the reverse applies: the reliability of the account must be examined carefully, especially when accessory prosecutor and witness are the same person.

General explanation, not advice on an individual case. As of November 2026.