Victim (StPO-A)
In Austria's criminal procedural law , a victim according to Section 65 StPO is any person who could have been exposed to violence or dangerous threats or whose sexual integrity could have been impaired by a deliberately committed criminal offense.
The victims of criminal offenses have extensive rights. The injured party is already involved in the proceedings by law. There is no enumerative limitation to certain offenses as in the German private prosecution proceedings . Their rights are also not dependent on being involved in the public lawsuit. In Austria, regardless of their position as a private party, victims have the right to be represented (Section 73), to inspect files (Section 68), to be informed of the subject matter of the proceedings and of their essential rights prior to being questioned (Section 70 subs . 1), to be informed of the progress of the proceedings (Sections 177 (5), 194, 197 (3), 206 and 208 (3)), to translation assistance through interpreting services in accordance with Section 56 (2) and (7) to take part in an adversarial examination of witnesses and accused (Section 165) and in a reconstruction of the crime (Section 150 (1)), to be present during the main hearing and to question defendants, witnesses and experts and to be heard about their claims, the continuation of a to request the public prosecutor's office to terminate the proceedings (Section 195 (1)). In addition, the victims have the right to participate in public prosecution as a private prosecutor or only to assert their claims for damages in criminal proceedings as a private party .
Individual evidence
- ↑ Code of Criminal Procedure § 65. Austria JUSLINE GmbH, accessed on September 9, 2014 .
