Rights of Crime Victims in Austria: What to Know in 2026

If you are the victim of a crime in Austria, the law gives you numerous rights in criminal and civil proceedings. These include interpreting services, free support and the possibility of claiming compensation. The following overview explains what you can expect and where to seek help.

At a glance

• The victim support hotline (Opfernotruf) is free on 0800 112 112, available on working days from 8:00 to 20:00.
• If you do not understand German well enough, you can receive an interpreter and, on request, translations of important documents.
• Victims who are particularly emotionally affected may receive free psychosocial and legal procedural assistance (Prozessbegleitung).
• If the public prosecutor’s office discontinues the proceedings, you can request their continuation within 14 days if you were notified.
• As a private party (Privatbeteiligte) in criminal proceedings, you can claim compensation without being required to have a lawyer.

Who is considered a victim?

A victim (Opfer) is someone whose rights have been violated by the offender of a crime. The harm may be:

• physical, such as bodily injury, violence, dangerous threats or a sexual offence;
• non-material, such as defamation or copyright infringement;
• financial, such as theft or property damage.

Relatives are also considered victims if someone has died as a result of a crime. This includes spouses, registered partners, cohabiting partners, direct-line relatives, siblings and other people entitled to maintenance.

If you file a report (Anzeige), you have the right to request written confirmation of it.

Your rights during criminal proceedings

You must be treated with respect and dignity and must receive information about your rights, as well as compensation and support options. Your general rights include:

• being represented, for example by a victim protection organisation;
• inspecting documents if they affect your interests;
• being informed about the subject of the proceedings and your rights before questioning;
• receiving information about how the proceedings are progressing;
• receiving an interpreter; since 1 June 2016, important documents must also be translated on request;
• attending the main hearing and asking questions of the accused, witnesses and experts.

You may also state at any time that you do not want to receive further notifications or summonses. However, if you are summoned as a witness, you must still appear.

Witness duties and protection

Victims are generally questioned as witnesses (Zeuge). You must comply with the summons and tell the truth. Giving false evidence is punishable; this also includes deliberately withholding important facts. If you fail to appear without justification, you may be fined or brought before the court by the police. If you are unable to attend, inform the court in good time. Your reason is considered valid only if the court has accepted it.

You may refuse to give evidence if you would have to testify against a relative or expose yourself to criminal proceedings. You must still appear. Witness fees (Zeugengebühren) are payable for attending.

If you face a serious threat, your address may be omitted from the documents. The court may temporarily remove the accused from the courtroom or exclude the public.

Victims requiring special protection

The following are always considered particularly vulnerable (besonders schutzbedürftig):

• victims of sexual offences;
• people protected by a barring and restraining order (Betretungs- und Annäherungsverbot) or an interim measure;
• underage victims;
• people whose relative may have died because of a crime.

In other cases, the authorities assess the situation individually, taking factors such as age, mental and physical health, and the circumstances of the crime into account. These victims may request, among other things:

• that a person of the same sex conduct the questioning and provide interpreting, where possible;
• a protected examination (schonende Vernehmung), held in a separate room and transmitted by video;
• the exclusion of the public from the main hearing;
• the presence of a trusted person.

They may refuse to answer questions about their intimate life or details they consider unbearable. They are informed officially if the suspect is released or escapes.

Free procedural assistance: who can receive it?

Psychosocial and legal procedural assistance is available to:

• victims of violence, dangerous threats or sexual offences, where the crime was intentional; a specific injury is not required;
• close relatives of a person who was killed;
• other relatives, such as nephews, nieces and cousins, if they witnessed the act.

Since 1 January 2014, children under 14 who are presumed to have been victims of a sexual offence automatically receive psychosocial assistance. The support person prepares you for questioning and can accompany you on request. As part of legal assistance, a lawyer can advise and represent you, including in a claim for compensation for pain and suffering (Schmerzengeld). The costs are covered by the Federal Ministry of Justice (BMJ). Subject to conditions, this assistance can also be used in related civil proceedings.

Compensation: criminal proceedings or a civil lawsuit?

You can claim compensation for pain and suffering and medical treatment costs in two ways:

• As a private party in criminal proceedings: there are generally no costs, no compulsory lawyer, and the criminal court is responsible.
• In a civil lawsuit (Zivilprozess): court and lawyer costs may apply, and a lawyer is compulsory for claims above 5000 euros. For claims up to 15 000 euros, the District Court (Bezirksgericht) is responsible.

As a private party, you must claim a specific amount and explain the basis of your claim. The accused must be convicted. It is advisable to join the proceedings as early as possible, even at the police station, together with evidence such as photographs, medical reports and invoices.

If you cannot afford a lawyer, you can apply for legal aid (Verfahrenshilfe). Victims may also be entitled to state social compensation under the Crime Victims Act (Verbrechensopfergesetz, VOG).

What if the proceedings are discontinued?

If the public prosecutor’s office discontinues the proceedings, you can submit an application for continuation (Antrag auf Fortführung) to the public prosecutor’s office.

• If you were notified of the discontinuation: you have 14 days.
• If you were not notified: you have 3 months.

Since 1 June 2016, an underage victim can submit the application without approval from the guardianship authority.

Frequently asked questions

Where can I get immediate help?

Contact the victim support hotline (Opfernotruf) on 0800 112 112. It is free, anonymous and confidential, available on working days from 8:00 to 20:00, and can connect you with specialised support services.

Do I have to pay for an interpreter?

You have the right to interpreting assistance if you do not adequately understand the language of the proceedings. On request, important documents must also be translated.

Will I be told if the offender is released?

Victims of violence, threats and sexual offences, as well as victims requiring special protection, are informed officially. Everyone else can request to be notified.

Can I keep my address confidential in a civil lawsuit?

Yes, if you demonstrate that your interests require protection and name an authorised recipient for service of documents.

Practical steps

1. Report the crime and request written confirmation of your report.
2. Ask for an interpreter and translations of important documents if you do not understand the language of the proceedings well enough.
3. Keep evidence such as photographs, medical reports and invoices.
4. Ask about psychosocial and legal procedural assistance if you are particularly vulnerable or emotionally affected.
5. If you want compensation, state a specific amount and join the criminal proceedings as a private party as early as possible.
6. Record the date of any notification that the proceedings have been discontinued, because the deadline may be 14 days.
7. For confidential support, contact Opfernotruf on 0800 112 112 on working days between 8:00 and 20:00.

This article is based on information available online and does not constitute legal, medical or other professional advice. Consider contacting a lawyer or another appropriate specialist for advice about your situation.

Source: oesterreich.gv.at