SELECTED RIGHTS OF VICTIMS IN A SPECIAL SITUATION


  • You have the right to submit an application in the preparatory proceedings as well as in court proceedings for the appointment of an ex officio attorney if you prove that your financial or family situation does not allow you to incur the costs of an attorney of your choice.
  • If you have received a summons to the police, prosecutor's office or court for questioning and you cannot appear for important reasons, e.g. a significant distance from your place of residence, a difficult family situation or illness, the need to care for a disabled person) you have the right to submit an application to be questioned by way of legal assistance by the procedural body closest to your place of residence or at your place of residence.
  • If you are a helpless person, in particular due to age or health, your rights in criminal proceedings may be performed by a person under whose care you remain (e.g. your spouse, adult children, and even a stranger who takes care of you).
  • If you are the person closest to the defendant (e.g. mother, child, grandfather, sibling, cohabitant, sister-in-law) you have the right to refuse to testify, which means that your previously submitted testimony cannot be disclosed and can not be used as evidence.
  • If you are in a particularly close personal relationship with the accused (friendship, engagement) you have the right to apply for exemption from testifying. However, failure to submit the above-mentioned application does not automatically release you from giving evidence, and only a decision of the court or the prosecutor decides about it.
  • If you are questioned by the court and you believe that the presence of the accused at the hearing could embarrass your testimony (due to fear, fear of revenge, embarrassment), you can submit a request to be heard in the absence of the accused. Your statement will then be read to the defendant and the defendant has the right to ask you questions through the court.
  • If you live together with a person who is being prosecuted for committing a violent crime to your detriment, and you are afraid that he will commit a violent crime against you again (especially when the accused threatened to commit this crime), you have the right to ask the prosecutor or the police to order the perpetrator to leave the flat occupied with you.
  • If there is a well-founded fear that the defendant will re-offend against you, you have the right to appeal to the prosecutor to apply police supervision to the accused, combined with a ban on approaching or contacting you with you .

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