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Victim rights and private participation in criminal proceedings: what victims in Austria need to know

Victim rights and private participation: who counts as a victim, which rights apply, what process support means and how private participation works in the proceedings.

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Mag. Christopher Angerer, Rechtsanwalt

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13 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

Anyone who becomes the victim of a crime is not at the margins of the criminal proceedings. The Code of Criminal Procedure grants victims their own standing with their own rights, from information and file access to the possibility of claiming their loss directly within the criminal proceedings. Many victims, however, are unaware of these rights and therefore do not exercise them.

This post explains, from a legal perspective, who counts as a victim, which rights the law grants to victims, what process support means and how private participation works through the civil-claims procedure. This is general information, not advice on an individual case.

What situation are you in?

Four situations, one clear next step.

The right steps depend on your situation and your goal. Choose your situation and you will receive the key points and the next concrete step.

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01 Question 1

What situation are you in?

The right steps depend on whether you first want to know your rights, want to claim a loss, or need support during the proceedings. Choose your situation and you will receive the key points and the next concrete step.

All paths at a glance

Overview of all answers.

01

Victim rights: in criminal proceedings you have your own legally protected standing.

As the victim of a crime you are not merely a witness in the criminal proceedings. The Code of Criminal Procedure grants victims their own rights, such as the right to information, to access the file, to participate in the proceedings and to considerate treatment. Especially vulnerable victims have further-reaching rights. From a legal perspective, it is decisive to exercise these rights early and actively.

Clarify early which rights you are specifically entitled to and how to assert them. Early legal support helps you not to miss any deadlines or opportunities to participate.

In depth: the rights of the victim →
02

Private participation: you can claim your loss directly within the criminal proceedings.

As a victim you can join the criminal proceedings as a private participant and thereby assert your civil claims, such as damages and compensation for pain and suffering. The court can decide on these claims in the criminal judgment. The advantage is that no separate civil action is required where the court awards the claim. From a legal perspective, the timing, form and amount of the declaration of participation are decisive.

Declare your participation in good time and quantify your claims as concretely and verifiably as possible. Secure all documents that record your loss.

In depth: private participation and civil claims →
03

Process support: psychosocial and legal assistance can be free of charge.

Certain victims are entitled to process support. This comprises both psychosocial and legal assistance provided by recognised institutions. Where the conditions are met, it is free of charge for the victim. It is intended to cushion the burden of the proceedings and to support the exercise of one’s own rights. From a legal perspective, legal process support is particularly valuable in burdensome proceedings.

Have it checked early whether you are entitled to process support and make use of this assistance. It does not replace your own legal representation of your claims, but sensibly complements it.

In depth: process support →
04

After a discontinuation: as a victim you may have options to challenge it.

If proceedings are discontinued by the public prosecutor, that is not always the end for victims. Under certain conditions, victims can apply for the continuation of the proceedings. The conditions and the short deadlines must be observed precisely. From a legal perspective, a swift assessment is important, because the deadline runs from notification of the discontinuation.

After a discontinuation, have it checked promptly whether an application for continuation is an option and which deadline applies. Do not wait, because the deadlines are short.

In depth: the rights of the victim →

Who counts as a victim

The victim concept of the Code of Criminal Procedure (§ 65 StPO) is broader than many assume.

Different groups of victims. Victims are, in particular, persons who may have been exposed to violence or dangerous threats through an intentional offence or impaired in their sexual integrity. In addition, close relatives of a person killed by an offence, as well as any person who may have suffered loss through an offence, also count as victims.

Particularly vulnerable victims. Some victims have further-reaching rights on account of their particular affectedness, for example regarding the manner of questioning. Whether these conditions are met must be examined in the individual case.

Significance of the classification. The classification determines which rights are specifically available. From a legal perspective, it is worth clarifying this question early.

The rights of the victim

Victims have a number of their own rights in criminal proceedings (§§ 66, 69 StPO).

Information and file access. Victims have the right to be informed about their essential rights and about the progress of the proceedings, as well as the right to access the file.

Participation in the proceedings. Victims can participate in the proceedings, have questions put to the accused, witnesses and experts, and file applications. They can be represented.

Considerate treatment. Victims are entitled to considerate treatment; particularly vulnerable victims are entitled to a particularly considerate examination.

Application for continuation. If the proceedings are discontinued, the victim can, under certain conditions, apply for their continuation. The deadline for this is short and runs from notification of the discontinuation.

Process support: psychosocial and legal

Certain victims are entitled to process support (§ 66b StPO).

Two components. Process support comprises psychosocial and legal assistance. The psychosocial assistance supports coping with the burden, the legal assistance the exercise of the procedural rights.

Free of charge. Where the conditions are met, process support is free of charge for the victim. It is provided by recognised victim-protection institutions.

Relationship to one’s own representation. Legal process support does not necessarily replace one’s own legal representation of the claims, but sensibly complements it. From a legal perspective, support is particularly valuable in burdensome proceedings.

Private participation and civil claims in criminal proceedings

Through private participation, victims can claim their loss directly within the criminal proceedings (§ 67 StPO).

Joining as a private participant. By a declaration of participation, the victim becomes a private participant and can assert civil claims, such as damages and compensation for pain and suffering. The declaration must be made in good time.

Civil claims in the criminal judgment. In the so-called adhesion procedure, the criminal court can also decide on the civil claims in the judgment (§ 366 StPO). Where the court awards the claim, no separate civil action is required. If the results of the criminal proceedings are insufficient, the court can refer the private participant to the civil-law route.

Importance of quantification. From a legal perspective, the timing, form and above all the substantiated quantification of the claims are decisive. The better the loss is documented, the more readily the criminal court can decide on it.

The most common mistakes by victims in criminal proceedings. Not knowing your own rights and therefore not exercising them. Declaring participation as a private participant too late or without quantifying the loss. Missing the short deadline for the application for continuation after a discontinuation. In all cases: inform yourself early and exercise your rights actively and in good time.

Frequently asked questions

What you need to know about victim rights and private participation.

As a victim, am I only a witness in the proceedings? +

No. The Code of Criminal Procedure grants victims their own standing with their own rights that go beyond the role of a witness. These include the right to information, to access the file, to participate in the proceedings and to considerate treatment. Which rights are specifically available depends on the classification as a victim.

What does private participation mean? +

By joining as a private participant, victims can assert their civil claims, such as damages and compensation for pain and suffering, directly within the criminal proceedings. The criminal court can decide on these claims in the judgment. Where it awards the claim, no separate civil action is needed. Otherwise the court can refer the claim to the civil-law route.

Does process support cost anything? +

Where the conditions are met, process support is free of charge for the victim. It comprises psychosocial and legal assistance provided by recognised institutions. Whether the conditions are met must be examined in the individual case. Process support sensibly complements one’s own legal representation of the claims.

By when must I join as a private participant? +

The declaration of participation must be made in good time, in principle up to a certain point in the proceedings. It is important to quantify the loss as early and verifiably as possible. From a legal perspective, participation should not be postponed, because a late or unquantified declaration makes the criminal court’s decision more difficult.

What can I do if the proceedings are discontinued? +

Under certain conditions, after a discontinuation by the public prosecutor victims can apply for the continuation of the proceedings. The deadline for this is short and runs from notification of the discontinuation. For this reason, it should be checked promptly whether an application for continuation is an option.

Do I need my own legal representation as a victim? +

That depends on the individual case. For asserting claims as a private participant and for actively exercising victim rights, your own legal representation can be sensible. Anyone entitled to legal process support receives additional assistance. Early clarification helps you not to miss any rights or deadlines.

Related topics

You might also be interested in

What to do after a criminal complaint in Austria? The general overview of the proceedings

The course of criminal proceedings, your rights and the first 72 hours after a complaint.

Reporting bodily harm in Austria: § 83 StGB and the first steps

When bodily harm is punishable, which penalties apply and how to proceed as a victim.

Topics
victim-rightsprivate-participationprocess-supportcivil-claimscompensationcriminal-proceedings

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