Requesting protection as a victim during criminal proceedings

Translate fear into an assessable protection question

The Public Prosecution Service's instructions on victims in criminal proceedings describe attention to the interests and safety of victims. A request becomes more concrete when it is clear what the fear concerns: an address that can become known, contact on the way to the court or repeated messages after a report. These situations do not have to be resolved with the same measure. A general request for complete protection can therefore leave important practical details undiscussed. (Public Prosecution Service instruction about victims in criminal proceedings)

Make a short risk map before the conversation with the police, Public Prosecution Service or legal aid. Note recent events, contact channels involved and when protection is needed. Use original messages and distinguish between an actual threat, a suspicion and the consequences you experience. That precision does not detract from the seriousness of fear. Rather, it helps to investigate which support is appropriate and which request should be immediately forwarded to the competent authority.

Personal data does not necessarily belong in procedural documents

Since July 1, 2025, according to the national government, enhanced protection of victim data in legal documents applies. Data such as home addresses and telephone numbers are only recorded when necessary for a judicial decision. This is an important change for the preparation: when providing documents, ask what information is actually necessary and how unnecessary information can be left out of the procedural documents. (Central government strengthened protection of victim data in legal documents)

Do not assume that one request will automatically change every previous document, attachment, and other file. For example, an address can also appear in an invoice, screenshot or letter. Point out such documents specifically and ask what procedure applies for protection or recovery. Do not remove information from original evidence files yourself without keeping the source and editing recognizable. Protection of privacy and reliability of evidence must be carefully organized together.

A correspondence address is different from complete anonymity

The OM instruction describes the choice of domicile: communication can run via a different address, while the competent authorities know the identity. Discuss which address is actually accessible and suitable for the procedure and who will receive the mail. An alternative correspondence address does not automatically resolve every question about personal data in other documents. Therefore, ask about both the communication and the way in which data is processed in the process file.

Reports or interrogations under number and special forms of witness protection are assessed differently. It is incorrect to simply promise that the suspect's identity will remain secret if someone asks for it. The circumstances, legal conditions and rights of the defense play a role. Have it explained what protection is available in this case, what its limits are and what decision is still necessary. A carefully explained caveat is more informative than a guarantee that no one can fulfill.

A ban must have a recognizable basis and content

A contact or location ban can exist under different legal conditions. Always ask who made the decision, on what basis, for what period and which contacts or places are covered. An appointment in a care program is not automatically the same as a criminal ban. The explanation about the temporary restraining order shows, for example, that in addition to a criminal case, there can also be a personal security measure.

Note how a possible violation can be reported and what information is relevant. Save messages with date and context and record concrete events. Do not try to test yourself whether a ban provides sufficient protection by provoking contact. The purpose of a request is more appropriate and enforceable protection. If other procedures are ongoing, such as regarding access or housing, conflicting agreements must be discussed in a timely manner with legal assistance.

Discuss support and burden before the call

An interrogation can be difficult, especially when an event has to be recounted repeatedly. Ask in advance what support is available, how long the conversation is expected to take and what you can indicate when a break or explanation is needed. State relevant limitations or needs without assuming that every employee already knows previous information. Concrete agreements can help make a conversation more feasible.

Also make clear the difference between your own memory and what you heard or read later. Protection should not be confused with tailoring a story to what you think is necessary for prosecution. A victim can mention uncertainties and ask for a correction when a statement has not been recorded correctly. Discuss questions about the legal position with your own advisor when different interests or possible self-tax come into play.

A safe court day starts before the court date

Ask what practical provisions the court or the Public Prosecution Service can discuss. Consider a route through the building, a waiting area or guidance upon arrival. Which facility is available and appropriate depends on the case and organization. A wish for a certain setup is not the same as a commitment. Therefore, record who will handle the request and when clarity can be expected.

Also include the process before and after the hearing. A safe waiting area does not automatically solve a problem during the journey home. Make specific which moments raise concerns and which practical agreements are possible. At the same time, discuss the possible role as a witness and the preparation of speaking rights as separate topics. Not every contribution at a hearing has the same legal function; protection and clear explanation are therefore both necessary.

Fictitious example: an address in a claim appendix

In a fictional example, Lina chooses a correspondence address with her lawyer. She also wants to file a claim for damages. However, an enclosed invoice still contains her home address. Lina assumes that the choice of domicile means that no one can see that address in the file. It is precisely here that an agreement about mail and an inspection of process attachments are different activities.

Careful preparation marks the relevant attachment and discusses with the lawyer whether and how non-essential personal data should be protected, while maintaining a verifiable source. The invoice is not tacitly adjusted and then presented as the original unchanged. This fictional example says nothing about the decision in a real case. It shows why protection requires a concrete check of documents, even if an important measure has already been taken.

Ask what has been decided and what is still pending

The Public Prosecution Service information on the right to information can help with questions about the process. Create your own overview for protection requests with date, content, contact person and response. An acknowledgment of receipt does not automatically mean that the requested measure has been granted. If there is any uncertainty, ask for an explanation of the decision, the executor and the way in which new relevant circumstances can be communicated. (OM information on the right to information)

Expectations must also be bounded. Authorities cannot remove every risk in every situation and the criminal proceedings have more interests than those of one participant. That does not make a specific protection question any less important. This means that it must be clear which risk is limited by which measure and what remains. In the event of a rejection or inadequate implementation, discuss the appropriate next step. A general complaint does not automatically replace an urgent request to the authority that can take a measure.

A protection card for contacting legal assistance

Don't write a complete life story when a short risk and measure map makes the core clearer. Add targeted pieces where necessary and note which information is particularly sensitive. Always ask via which secure or suitable route those documents can be delivered. The Public Prosecution Service's instructions on domestic violence emphasize that safety in these types of cases may also require coordination between the various agencies involved. (OM instruction on domestic violence)

• Risk: concrete events, recent contact attempts and expected unsafe moments.
• Data: documents and attachments containing address, telephone number or other sensitive information.
• Communication: accessible correspondence address and agreements about who receives information.
• Measures: desired protection, competent authority and decisions already taken.
• Hearing: support needed, limitations and questions about reporting.
• Session: arrival, waiting, presence and departure as separate moments.
• Follow-up: contact person, response to the request and reporting new circumstances.

Protection becomes stronger when the boundaries are understandable

A good protection request can be concrete without giving a victim responsibility for the safety of the entire process. The police, Public Prosecution Service and the court have their own tasks and legal frameworks. Legal assistance can help bring those tasks and requests together. It is especially important for the person concerned that it becomes clear what actually applies, who is accountable and what uncertainty still exists.

The Code of Criminal Procedure forms the framework for various procedural rights and protection options. The guide to contact bans treats the precise restriction as its own topic; the in-depth discussion of the right to speak is about a different role during the hearing. The value of protection does not lie in one absolute promise, but in appropriate measures, verifiable agreements and timely explanations. This makes it possible to take both safety and careful criminal proceedings seriously. (Code of Criminal Procedure · restraining orders · right to speak)