A person who has suffered harm through a criminal offence does not have to pursue a claim for damages or for compensation for pain and suffering (Schmerzensgeld) in separate civil proceedings. The adhesion procedure (Adhäsionsverfahren) allows the claim to be asserted against the accused within the criminal proceedings. The criminal court can then decide on guilt and sentence and at the same time on the civil claim. For injured parties, this can save time and a second set of proceedings. For accused persons, it means that a payment obligation is at stake alongside the sentence, and the defence must prepare for it.
Which claims can be asserted?
Under § 403 StPO, an eligible claimant, including the injured party or his or her heir, may assert a pecuniary claim arising from the offence, provided the claim falls within the jurisdiction of the ordinary courts and is not already pending before another court. Examples are treatment costs, loss of earnings, the value of stolen or damaged property and compensation for pain and suffering. The basis is usually the law of tort, in particular § 823 BGB. Compensation for pain and suffering requires, under § 253 (2) BGB, an injury to body, health, liberty or sexual self-determination. Not every offence therefore gives rise to such a claim, and a criminal complaint alone is not an application.
In proceedings against juveniles, the adhesion procedure is excluded by § 81 JGG. The adhesion procedure is generally available against young adults (Heranwachsende), even where juvenile criminal law applies. § 109 JGG does not extend the exclusion to this age group.
How and when is the application made?
Under § 404 StPO, the application must specify the subject matter and the grounds of the claim and should state the evidence. It may be made in writing or recorded by the court registry, and at the trial also orally until the closing speeches begin. The Federal Court of Justice (BGH) confirmed in 2026 that an application for compensation for pain and suffering must set out the factual basis and state at least an order of magnitude or a minimum amount. An entirely open application is not sufficient (BGH, order of 28 April 2026 – 3 StR 91/26). An application should therefore be prepared carefully.
How does the court decide?
The criminal court grants the application in its judgment insofar as the claim arising from the offence is well founded and the accused is either found guilty or made subject to a measure of reform and prevention (Maßregel der Besserung und Sicherung) (§ 406 StPO). It may confine its decision to liability in principle or to part of the claim. The court refrains from deciding where the application is inadmissible or appears unfounded or is unsuitable for the criminal proceedings, for example because it would considerably delay the trial. In the case of a claim for pain and suffering, the court may not refuse a decision solely on grounds of unsuitability or delay. Where the court refrains from deciding, the civil courts remain open. The decision on the claim has the effect of a civil judgment. It is an enforceable title, but it does not guarantee that the convicted person is actually able to pay. A settlement of the claim within the criminal proceedings is also possible (§ 405 StPO).
Who bears the costs?
If the application is granted, the accused bears under § 472a StPO the special costs incurred and the applicant’s necessary expenses. If the court refrains from deciding, grants the claim only in part or the application is withdrawn, the court decides at its discretion who bears these costs. The adhesion procedure is therefore neither free of charge nor free of cost risk. Both the applicant and the accused may apply for legal aid under § 404 (5) StPO in accordance with the rules of civil procedure. Legal aid is not granted automatically.
What does the application mean for the accused?
For the accused, the adhesion application is an additional civil action within the ongoing criminal case. The defence must therefore also examine whether the civil claim is well founded at all and whether the amount claimed is appropriate. Possible objections such as contributory negligence must be considered, as must the question of whether the application is sufficiently specific. At the same time, voluntary reparation or a settlement can be relevant under criminal law and shorten the proceedings for both sides. Whether an acknowledgment, negotiations or an application to refrain from a decision make sense depends on the evidence and the financial circumstances.
Distinction from accessory prosecution
The adhesion procedure serves to enforce the pecuniary claim and confers procedural rights connected with that claim. These include the applicant’s right to attend the trial under § 404 (3) StPO. Accessory prosecution (Nebenklage), where its requirements are met, confers a broader role in the criminal proceedings, including rights to ask questions and file motions to take evidence. Both instruments can be used side by side. Which combination makes sense should be clarified before the trial.