''Title IV, § 31a1''

1) Regardless of their position as a civil claimant, victims (in terms of

Art. 1 OHG, Opferhilfegesetz, Act on Aid to Victims) shall have the right

1. to have themselves represented (§ 34),

2. to inspect the files (§ 32(2)(2)),

3. to be informed of the subject of the proceedings and of their essential

rights before their examination,

4. to be informed of the progress of the proceedings (§§ 22i, 65(1),

141(7)),

5. to receive translation assistance, which shall be subject to § 23a

mutatis mutandis,

6. to take part in the examination of witnesses (§ 115a) and accused

persons (§ 147(3)) subject to considerate examination rules, and to

take part in a reconstruction of the offence (§ 69(2)),

7. to be present during the trial and to examine defendants, witnesses,

and expert witnesses, and to be heard concerning their claims.

1 § 31a amended by LGBl. 2012 No. 26.

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2) Subject to Art. 12 to 14 of the Act on Aid to Victims, victims shall

have the right to have themselves be advised, taken care of, accompanied

to examinations in the investigation proceedings and in the trial, and

represented in the exercise of rights under this Act by the Opferhilfestelle

(Victim Advisory Centre).

§ 31b

1) All authorities operating in criminal proceedings shall be under the

obligation of instructing victims and civil claimants on their rights in

criminal proceedings. This may be refrained from only as long as this

would endanger the purpose of the investigation.1

2) Victims shall be informed of the requirements for aid by the

Victim Advisory Centre no later than before their first examination.2

3) In addition to this, victims whose sexual integrity may have been

violated shall before their first examination be informed of the following

rights to which they are entitled:

1. the right to refuse the answering of questions on circumstances from

their personal sphere or on such details of the offence as they

consider to be unacceptable for them to tell about (§ 108(2)(2)),

2. the right to demand examination subject to considerate examination

rules in the investigation proceedings and in the trial (§§ 115a, 197(3)),

3. the right to demand that the public be excluded from the trial

(§ 181a(2)).3

§ 31c4

1) In their official acts and in the providing of information to third

parties, all authorities operating in criminal proceedings shall take into

account the legitimate interests of the injured party in preserving his

personal sphere. This shall apply in particular to the forwarding of

photographs and of personal information that may lead to the injured

party's identity becoming known to a larger group of persons without

this being required for the purposes of the criminal proceedings.

1 § 31b(1) amended by LGBl. 2012 No. 266.

2 § 31b(2) amended by LGBl. 2012 No. 26.

3 § 31b(3) amended by LGBl. 2012 No. 26.

4 § 31c amended by LGBl. 2012 No. 266.

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2) The prohibition of publication pursuant to § 30a shall apply

mutatis mutandis to private prosecutors, civil claimants, and injured

parties.

§ 32

1) Any person whose rights have been violated by a crime or by a

misdemeanour to be prosecuted ex officio may declare until the end of

the trial to join the criminal proceedings as a civil claimant. The

declaration may be withdrawn at any time. As far as they are not

obvious, grounds must be stated for the justification to take part in the

proceedings and for the claims for damages or compensation. The

declaration shall be rejected by the court if it is obviously unjustified or

was made too late.1

2) The civil claimant shall have the following rights:

1. He may provide the public prosecutor and the investigating judge

with anything that may serve the purpose of having the accused

convicted or of justifying the claim for compensation, and may apply

that certain evidence be taken (§ 23b).2

2. As far as his interests are concerned, he may inspect the files already

during the investigation unless there are any special reasons against

this. Access to the files may be denied or limited at any rate as far as

it would endanger the purpose of the investigation or an unbiased

testimony as a witness.3

3. The civil claimant shall be summoned to the trial with the note that if

he fails to appear, the trial will take place anyway, and that his

applications will then be read from the files. He may ask questions of

the accused, of witnesses, and of expert witnesses, or may receive the

floor already during the investigation in order to make other

comments. At the end of the trial hearing, he shall receive the floor

immediately after the public prosecutor has given his opinion and

stated his grounds; there, the civil claimant may elaborate and justify

his claims and submit the applications which he wants to be decided

with the main judgment.

3) Civil claimants shall be provided with a legal aid counsel if and as far

as this is necessary in the interest of the administration of justice, in

1 § 32(1) amended by LGBl. 2012 No. 266.

2 § 32(2)(1) amended by LGBl. 2012 No. 26.

3 § 32(2)(2) amended by LGBl. 2012 No. 26.

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47

particular in the interest of the appropriate assertion of their claims to avoid

subsequent civil proceedings. The provisions on legal aid under this Act

shall apply mutatis mutandis.1

3a) If the public prosecutor withdraws from prosecution pursuant to

Title IIIa, the civil claimant shall in contrast not have the right to submit

or take over the public indictment.2

4) In addition, the civil claimant shall have the right to submit the

public indictment instead of the public prosecutor as a subsidiary

prosecutor subject to § 173; however, the Prosecution Service may in this

case take over prosecution at any time, in which case the subsidiary

prosecutor shall have once again the rights of a civil claimant.3

§ 32a

1) The civil claimant may assert a claim for performance, for

declaration, or for the modification of rights against the accused.

However, the validity of a marriage or registered partnership may only

be assessed as a preliminary question (§ 5) in criminal proceedings

(§ 262).4

2) During the trial, the court shall at any time put on the record a

settlement agreement on claims under civil law. It may summon the civil

claimant and the accused for an attempt at settlement ex officio or on

application or make a proposal for a settlement agreement. If a

settlement agreement is reached, the civil claimant, the public prosecutor,

and the accused shall receive copies of the settlement agreement.5

3) In the event of seizure or attachment, the court shall effect the

return of the item to the person entitled to it if seizure is not required for

the purposes of evidence and if this does not interference with any rights

of third parties.6

1 § 32(3) amended by LGBl. 2016 No. 406.

2 § 32(3a) inserted by LGBl. 2006 No. 99.

3 § 32(4) amended by LGBl. 2012 No. 26.

4 § 32a(1) inserted by LGBl. 2012 No. 26.

5 § 32a(2) inserted by LGBl. 2012 No. 26.

6 § 32a(3) amended by LGBl. 2012 No. 266.

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§ 33

Where the requirements of § 42 StGB have been confirmed by a

judicial decision, the civil claimant shall not have a right of subsidiary

prosecution.

§ 341

1) The private prosecutor, the civil claimant, the victim, and the

jointly liable party as well as their legal representatives may conduct the

case themselves or through an authorized representative. Unless laid

down otherwise in this Act, such representatives shall exercise the

procedural rights that are due to the represented party. The authorized

person or entity may be a person licensed to act as a lawyer, a recognized

institution for the protection of victims, or any other suitable person.

2) If the court considers this adequate, it may direct an absent private

prosecutor, civil claimant, or jointly liable party to designate an

authorized party resident at the court's seat.

''Title VII, § 86''

If a woman is to be examined, a female doctor shall be consulted if

possible.