Psychosocial process support

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This article or paragraph describes the situation in Austria . Help us to describe the situation in other countries.

The psychosocial facilitation was introduced along with a legal process support for victims of crime to the Criminal Law Amendment Act 2006 into Austrian law. After the successful introduction, this psychosocial process support was extended with the Second Protection Against Violence Act (2. GeSchG) to include civil proceedings that follow criminal proceedings.

Tasks and activities of psychosocial process support

The task of psychosocial process support is (Section 66 Paragraph 2 StPO):

  • the victim of a crime emotionally z. B. support through discussions,
  • Preparation of the victim for the legal proceedings and the individual procedural steps, especially for their own questioning at the criminal or civil court.

In contrast to child counseling and family court assistance , the process facilitator cannot read out a child's testimony or hear a child himself within the framework of psychosocial process support.

The process facilitator is active in the context of:

  • criminal proceedings for the victim of a crime,
  • civil proceedings for the victim of a crime following these criminal proceedings,
  • the return of a child under the Hague Child Abduction Convention (regardless of criminal proceedings).

The addition of a litigator is done informally at the request of a victim by the victim or the legal guardian in the case of underage victims.

Criminal proceedings

According to Section 66 Paragraph 2 of the Code of Criminal Procedure (StPO)

  • Victims who have been exposed to violence or dangerous threats due to a deliberately committed crime, whose sexual integrity and self-determination are impaired, or whose personal dependency could have been exploited by such a crime n,
  • the spouse, registered partner, significant other, straight line relatives, brother or sister and other dependents of a person whose death could have been caused by a crime, or other relatives who witnessed the crime ,
  • Victims of terrorist offenses (Section 278c StGB)

on their request, the right to psychosocial and legal process support, insofar as this is necessary to safeguard the procedural rights of the victims with the greatest possible consideration of their personal concern . Victims whose sexual integrity could have been violated and who have not yet reached the age of fourteen must in any case be granted psychosocial support .

Civil proceedings

In civil proceedings, the facilitator has the position of a person of trust (see, for example, Section 73b (2) ZPO, for minors : Section 289b (3 ) ZPO ).

The right to psychosocial accompaniment exists, at the request of a victim of a crime, also in civil proceedings, if

  • the subject of the civil proceedings is factually related to the subject of the criminal proceedings and
  • as far as this is necessary to safeguard the procedural rights of the victim with the greatest possible consideration of his or her personal concern (Section 73b (1) ZPO).

Process companion

education

Process facilitators in the context of psychosocial process support must have basic psychosocial training and have sufficient practical experience in dealing with violent crimes and with minors. In addition, a nine-day course is required.

selection

In principle, as soon as an investigation is conducted against a specific suspect, victims are to be informed of their essential rights by the criminal police or the public prosecutor's office, provided that this would not jeopardize the purpose of the investigation. There are further exceptions (Section 70 (1) StPO). Likewise by the court in the context of a diversion (§ 206 Abs. 1 StPO).

Trial companions are then selected by a victim protection facility approved for this purpose and psychosocial trial support is granted - without consulting the court. In 2018, psychosocial support was granted to underage victims in 1650 criminal proceedings, and 25 in civil proceedings.

Obligations of a process facilitator

The litigator was not bound to secrecy by the Austrian legislature . According to Section 157, Paragraph 1, Item 3 of the Code of Criminal Procedure, they have the right to refuse to testify about what has become known to them in this capacity, but not in civil proceedings. In civil proceedings, the facilitator can thus be forced to make a statement. Under certain circumstances, this undermines the necessary basis of trust between the victim and the litigator. This can mean that messages from the victim to the litigator must be disclosed in the civil process, because the litigator has a duty to provide information. Whether this is an unintended loophole has not yet been clarified in Austrian legal doctrine.

Rights of the process facilitator in the process

In criminal proceedings, the victim protection agency must be informed of the date of the main hearing (Section 221 (1) of the Code of Criminal Procedure).

In civil proceedings, the psychosocial facilitator may accompany the victim to all negotiations and interrogations at the victim's request. He must be informed of these dates by the court (Section 73b (2) ZPO).

costs

Psychosocial litigation support is free of charge for the victim in criminal and civil proceedings. The costs are initially taken over by the victim protection facility, which is reimbursed by the responsible ministry.

The responsible ministry can, in turn, claim these costs from the perpetrator in criminal proceedings up to an amount of EUR 1000 if the court has sentenced him to an obligation to pay costs (Section 381, Paragraph 1, Item 9 in conjunction with Paragraph 5a StPO).

Psychosocial process support is granted for civil proceedings up to a maximum amount of 800 euros; If the victim enjoys legal aid , the maximum amount is 1200 euros (Section 73b (1) ZPO). After a final decision on the dispute, the court shall oblige the opponent to reimburse the federal government for the amounts spent on psychosocial support provided that the opponent has been charged the costs of the dispute or he has assumed them in a settlement (Section 73b (2) ZPO).

See also

Web links

Sources and References

  1. ↑ According to Section 66 Paragraph 2 of the Code of Criminal Procedure, legal process support includes legal advice and representation by a lawyer. See also: legal aid .
  2. ↑ § 65 no. 1 lit. a and b StPO.
  3. ^ Changes to the Code of Criminal Procedure 1975 , Federal Law Gazette I 2015/119.
  4. ↑ Federal Law Gazette I 2009/40 .
  5. ↑ § 66 StPO.
  6. ↑ § 66 Paragraph 2 StPO, § 73b ZPO
  7. ↑ § 73b ZPO in conjunction with § 7 Paragraph 1 AusStrG; § 111a Abs. 3 AusStrG.
  8. ↑ a b c Stefanie Zach: Procedural law institutions for the protection of children in civil proceedings - An overview , Zak - civil law up-to-date , p. 150.
  9. ↑ See also § 66 Paragraph 4 StPO.
  10. ↑ Section 66 Paragraphs 2 and 4 StPO, Section 73b Paragraph 1 ZPO.
  11. ↑ See also: VfGH G 29/12.