Criminal consequences

Private-party joinder, compensation in the ski-accident criminal proceedings

Private-party joinder after the ski accident: how you assert compensation in the criminal proceedings and when the court awards it or refers you to the civil path.

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Mag. Christopher Angerer, Rechtsanwalt

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26 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

After a ski accident with injury the public prosecutor frequently investigates for negligent bodily injury under section 88 StGB. For the victim this criminal proceeding opens a practical way to assert compensation, namely the joinder as a private party. Pain and suffering and other claims can often be enforced this way more quickly and at lower cost.

The private-party joinder is regulated in sections 67 and 69 StPO. The victim declares the joinder until the close of the evidentiary proceedings and thereby obtains their own rights in the proceedings. On a conviction the criminal court decides on the compensation under section 366 StPO, either by an award or by a referral to the civil path.

This post explains the joinder as a private party, the rights in the criminal proceedings and the decision of the court on the claim. How high the pain and suffering can be is shown by the post on pain and suffering after the ski accident.

Proceedings and joinder

Is it worth joining as a private party?

Two short questions on the criminal proceedings and on the joinder place your options.

You already know you want to send a request? Go directly to the contact form.

01 Question 1

Are criminal proceedings running against the person who caused the accident?

After a ski accident with injury the public prosecutor often investigates for negligent bodily injury under section 88 StGB.

All paths at a glance

Overview of all answers.

No criminal proceedings, claims via the civil path.

Without criminal proceedings a joinder as a private party is ruled out. The compensation must then be enforced through a civil action against the person who caused the accident or their liability insurer. You should have it checked whether a report is nevertheless sensible and whether the three-year limitation period is preserved.

Next steps: document the course of events and the injuries, check a civil enforcement and keep the limitation in view.

Already joined, award or referral under section 366 StPO.

As a private party you have already asserted your claims in the criminal proceedings. On a conviction the court decides on the compensation under section 366 StPO. If the results of the criminal proceedings are sufficient, it awards the amount. Otherwise it refers you with the claim wholly or partly to the civil path, where you can pursue it further.

Next steps: prepare the quantified claim and the evidence, take part in the main hearing and prepare for a possible referral to the civil path.

Not yet joined, declare the joinder under sections 67, 69 StPO.

The joinder as a private party must be declared under section 67 StPO until the close of the evidentiary proceedings. With the joinder you assert your compensation in the criminal proceedings and obtain the rights of a private party under section 69 StPO, for instance access to the file and the right to ask questions. The joinder saves separate court fees and can interrupt the limitation of the claim.

Next steps: file the declaration of joinder in time, quantify the claim and use the evidence of the criminal proceedings.

All recommendations at a glance

No criminal proceedings, claims via the civil path.

Next steps: document the course of events and the injuries, check a civil enforcement and keep the limitation in view.

Already joined, award or referral under section 366 StPO.

Next steps: prepare the quantified claim and the evidence, take part in the main hearing and prepare for a possible referral to the civil path.

Not yet joined, declare the joinder under sections 67, 69 StPO.

Next steps: file the declaration of joinder in time, quantify the claim and use the evidence of the criminal proceedings.

Joinder as a private party under sections 67, 69 StPO

Anyone who has suffered a loss through a criminal offence can join the criminal proceedings as a private party under section 67 StPO. The declaration of joinder is possible until the close of the evidentiary proceedings, in the investigation with the criminal police or the public prosecutor, later with the court. With the joinder the victim asserts their private-law compensation claim in the criminal proceedings.

The private party obtains their own rights under section 69 StPO, for instance access to the file, the right to take part in the main hearing and the right to ask questions of the accused and witnesses. These rights help to substantiate the loss. A material advantage is that no separate court fees arise for the joinder as they would for a civil action.

Award or referral to the civil path

If a conviction is reached, the criminal court has to decide on the asserted claim under section 366 StPO. If the results of the criminal proceedings offer a sufficient basis, the court awards the compensation in the criminal judgment. This so-called adhesion decision is an enforcement title like a civil judgment.

If the basis is not sufficient or the clarification would considerably delay the criminal proceedings, the court refers the private party with the claim wholly or partly to the civil path. There the claim can then be pursued further. The joinder is therefore not in vain even then, because it interrupts the limitation and the evidence gained in the criminal proceedings remains usable.

Declare the joinder in time. The declaration of joinder must be made before the close of the evidentiary proceedings. Anyone who waits too long loses the possibility of asserting the compensation in the criminal proceedings. File the quantified claim and the evidence in time.

Frequent questions

Private-party joinder in practice.

What does the joinder as a private party bring? +

You assert your compensation in the running criminal proceedings, save separate court fees and use the evidence gained there. On a conviction the court can award the compensation right away.

By when can I join? +

The joinder is possible under section 67 StPO until the close of the evidentiary proceedings. Declared early it secures access to the file and participation rights already in the investigation.

What does referral to the civil path mean? +

If the results of the criminal proceedings are not sufficient for a decision on the claim, the court refers you under section 366 StPO to a separate civil action. The claim is preserved.

Do I need a separate action in addition? +

Not necessarily. If the criminal court awards the compensation, you obtain an enforcement title. Only on a referral do you have to pursue the claim further in civil proceedings.

Does the joinder interrupt the limitation? +

Yes, the proper assertion of the claim in the criminal proceedings affects the limitation. That is important because compensation claims become time-barred in principle after three years.