Have You Seen an Attack? Do You Know Should You Report or Consult an Attorney

The police must record a report in any case. Unfortunately, in individual cases it still happens that people who turn to the police to report a right-wing attack are sent home without their concerns being taken seriously. In this case, do not allow yourself to be intimidated and send the report in writing by registered mail to the police or the local public prosecutor. It is also advisable to contact a counseling center immediately. Also, you can consult with a traffic attorney Kansas City Mo, if you are living in Kansas. Click here to check out the details about Kansas City motorcycle accident lawyer.

It is advisable to obtain confirmation of the notification in any case. A so-called diary number is noted on this. This facilitates later inquiries about the notification or the status of the investigation.

In principle, there is no deadline for submitting an advertisement. A report should be made as soon as possible after the offense, as this facilitates the police investigation. It should be noted that certain offenses can only be prosecuted upon request (e.g. trespassing and insulting). A criminal complaint required in such cases must be filed within three months of the offense.

The recording of an advertisement is often combined with a survey as a witness to the crime. Therefore, in order to be able to depict the course of the crime as precisely as possible, all circumstances of the crime should be recalled beforehand. A written memorandum made after the offense can be a good support.

A criminal complaint can also be formulated with the help of lawyers or the victim’s perspective. Anyone who feels unsafe in contact with the police should be accompanied to the filing of the complaint. The questioning officers decide whether the escort may be present at a possible interrogation. People who do not speak German as their mother tongue can and should insist on interpreters, who have to be provided by the police. The victim perspective accompanies those affected who wish to be interviewed by the police.

Proceeding with the criminal complaint

Serious offenses such as robbery, grievous bodily harm, murder and manslaughter are prosecuted regardless of the interest of those affected in criminal proceedings. In the case of less serious offenses, the prosecution requires that a criminal complaint has been submitted.

In contrast to the criminal complaint, the criminal complaint can only be submitted by the injured person. In this way, the person concerned announces their interest in criminal prosecution.

The criminal complaint can be dealt with together with the complaint. On the police report form, all you have to do is tick the corresponding box “I am filing a criminal complaint”. The criminal complaint can also be submitted in writing, but only no later than three months after the incident.

When the notification is made, the criminal offense has usually not yet been determined. It is therefore often not clear which criminal offenses are to be considered and whether a criminal complaint may be necessary as a prerequisite for prosecuting the offense. Therefore, as a precautionary measure, a criminal complaint should be filed with every report. There can be no disadvantages from this. A criminal complaint can be withdrawn until the criminal proceedings have been concluded. Criminal charges and criminal complaints should always be filed “for all offenses under consideration”, as it is often difficult for non-lawyers to assess which specific criminal law provisions have been violated by an attack.

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File a criminal complaint or not?

There are many reasons to report right-wing acts of violence.

  • Right-wing violent criminals should be set clear limits. The fact that people are viewed as inferior and therefore beaten and kicked should not be accepted.
  • As a rule, it is not promising to refrain from filing a complaint in order to prevent further violence. If violent rights have found a victim who does not fight back or report, they may even feel encouraged to engage in further acts of violence.
  • A complaint is a clear message to the perpetrators and their environment. It shows them that those affected do not allow themselves to be intimidated. A conviction in court is another signal that is most effective when the act is condemned not only by the judiciary but also by society.
  • A complaint neither solves the individual problems of the victims, nor does it cancel out the social reasons for right-wing violence. The report, however, is a first step towards leaving the victim role and coming to terms with the act of violence as an active person.
  • A complaint makes it easier to receive financial compensation.
  • An attack is only included in the police statistics when it is reported. It is important that acts of violence are documented so that they can be noticed. Because many people underestimate the extent of right-wing violence.

Nevertheless, there are also situations in which those affected doubt whether it makes sense to file a complaint:

  • e.g. for fear of further threats and possible acts of revenge from the right-wing environment of the perpetrators;
  • because of a skeptical or negative attitude towards government authorities and of the opinion that the investigative authorities do not take such incidents seriously;
  • out of resignation and indifference

There are concrete causes and backgrounds of experience for such doubts, which can be related to the political attitudes or the social status of those affected. If, for example, victims of racist acts of violence had to experience that the police who were called to the scene of the crime treated them like suspects, they will tend to avoid contact with the police. If left-wing activists who have been attacked by the right are asked questions about the left scene during a witness interrogation, they will see their distrust of the police confirmed. The victim perspective respects your considerations and advises you in any case whether you want to file an advertisement or not. You can also speak to us in confidence about your doubts and concerns about placing an advertisement.

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The legal processing of an attack

If the perpetrators of a right-wing attack can be identified, criminal proceedings will in most cases result. For those attacked who are witnesses in such a process, many questions often arise. The following is a rough overview of the legal consequences of an attack. There may well be differences in individual cases. If you are affected by a right-wing attack, the victim’s perspective will also support you during the criminal proceedings. Contact us.

The criminal proceedings

If the police or the public prosecutor find out about the crime through your criminal complaint or by other means – for example from the media – criminal proceedings will be initiated. The aim of criminal proceedings is to investigate and, if necessary, convict a criminal offense. The criminal proceedings are divided into preliminary, interim and main proceedings. The entire process can take a long time and is often not very transparent for you as the person concerned. If necessary, lawyers or the victim’s perspective can help you here.

About RJ Frometa

Head Honcho, Editor in Chief and writer here on VENTS. I don't like walking on the beach, but I love playing the guitar and geeking out about music. I am also a movie maniac and 6 hours sleeper.

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