Independent legal representation of private accessory prosecutors in large criminal trials: Issues and law reform in Germany

In German criminal trials, victims of certain offences and relatives of unlawfully killed persons may participate extensively as Nebenkläger, private accessory prosecutors. Private accessory prosecutors can be legally represented and challenge judges and expert witnesses for bias, question witnesses and the accused, make statements including closing speeches and seek admission or exclusion of evidence. This role, which gives victims a voice and participation, is traditionally designed to fit trials with one or a few private accessory prosecutors. However, recent trials involving large numbers of private accessory prosecutors and their lawyers have attracted public and media attention. This article explores what challenges can arise in this context. It subsequently analyses the 2019 German law reform introduced to address these issues by allowing courts to order a joint assisting lawyer for private accessory prosecutors with similar interests, as opposed to each private accessory prosecutor having their own independently chosen legal representative, before contemplating the impact of this reform in practice.