skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 219631 
Title: Victim in Criminal Proceedings: A Systematic Portrayal of Victim Protection Under German Criminal Procedure Law, Part Two: Damage Compensation and Victims' Assistance (From Resource Material Series No. 70, P 41-68, 2006, Simon Cornell, ed. -- See NCJ-219628)
Author(s): Markus Loffelmann
Date Published: November 2006
Page Count: 28
Sponsoring Agency: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
Tokyo, Japan
Sale Source: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
26-1 Harumi-Cho, Fuchu
Tokyo,
Japan
Document: Agency Summary
Agency Summary: http://www.unafei.or.jp 
Type: Legislation/Policy Analysis
Format: Book Chapter
Language: English
Country: Japan
Annotation: This article, part 2 of 2, provides an overview of the portrayal of victim protection under German criminal procedure law.
Abstract: The analysis focuses on the possibilities available to victims for claiming material and immaterial compensation, including financial and psychological assistance outside of criminal proceedings. Overall, German criminal law is taking more victim rights into account and legislation is increasingly integrating victims protection into criminal procedure law. Deficits remain, however, particularly in the area of sexual delinquency and therapeutic work with adolescents. In order to obtain material compensation under the law, victims must submit damage compensation claims based on damages arising from criminal offenses. In these cases, the victim has the burden of proof but the criminal proceedings provide several possibilities for taking into account the victims’ civil law claims, including compensation prior to filing criminal charges, compensation in the main proceeding, and compensation in the framework of execution of a sentence. Also recently taken into account in German criminal law are immaterial compensation, which has been organized under the assumption that it is important that there are at least symbolic acts of damage reparation by the offender and acknowledgment of the victim’s role in criminal justice proceedings. German criminal law now incorporates offender-victim mediation and student arbitration boards. If victims’ material or immaterial compensation is not satisfied within the German criminal courts, victims may seek reparations outside of the criminal proceedings through the Victims’ Compensation Act and Victims’ Assistance Agencies.
Main Term(s): Germany; Victims rights
Index Term(s): Victim compensation; Victims in foreign countries
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=241423

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.