Correspondence from the perpetrator: Legislative liaison for the victim - Murderer's Correspondence: Advocate for Legal Reform, Identified Victim
In Germany, the disclosure of personal information such as addresses of victims in criminal proceedings is governed by privacy protection laws aimed at safeguarding victims' privacy during investigations and trials. The current legal framework criminalizes unauthorized recording or photographing of accident victims, reflecting a strong emphasis on victim privacy and protection at crime or accident scenes.
Regarding the disclosure of personal details during criminal proceedings, German law and court practice generally protect victim identities and sensitive personal data to prevent unnecessary invasion of privacy. However, victims' addresses may be disclosed to involved parties under confidentiality and limited conditions. Public release of such information is usually restricted unless legally justified and necessary for the case.
Recent legislative trends and proposals aim to strengthen privacy protections for victims. The Bundestag recently passed law reforms making it a criminal offense to record fatal accident victims without consent, extending protections beyond survivors to deceased victims as well, with penalties including fines and imprisonment. These changes reflect heightened awareness of privacy rights and an intent to deter bystanders or media from violating victim privacy, especially by capturing images or data at accident scenes.
However, no specific further proposals were clearly identified in available data as of mid-2025 that address victim personal information disclosure in criminal trials beyond these measures. The general direction in Germany is toward balancing transparency in justice with enhanced safeguards for victims’ privacy, consistent with human rights recommendations emphasizing the right to privacy protected by both national law and the European Convention on Human Rights.
A recent case involving the attack on the Magdeburg Christmas Market has highlighted protection gaps regarding victims in criminal proceedings. The attacker wrote letters to five victims, which were delivered to them by the General Prosecutor's Office in Naumburg (Saxony-Anhalt) in sealed envelopes with a cover letter. State Victims' Commissioner Gabriele Theren expressed her shock at the situation, stating that receiving such letters can revive the pain and memory of the event for victims.
Federal Victims' Commissioner Roland Weber is advocating for a change in the law to limit the disclosure of information such as addresses. Weber believes that the current legal situation overlooks victim protection and that such a case is needed to make the situation clear regarding victim protection. Weber did not blame the public prosecutor's office for their actions, stating they acted strictly according to the law.
Addresses of witnesses are only redacted if there are concrete indications that they could be put under pressure. Suspects in investigative custody have special rights and access to relevant information, including addresses of witnesses. It is being examined whether the indication of residential or location addresses can be dispensed with during file inspection in certain cases.
In conclusion, while the disclosure of personal information such as addresses of victims in criminal proceedings is restricted and tightly controlled in Germany, recent legislative trends and proposals aim to strengthen privacy protections for victims. The case involving the attack on the Magdeburg Christmas Market has highlighted the need for further consideration of victim protection in the legal framework.
- The German government, through recently passed law reforms, has classified the unauthorized recording or photographing of fatal accident victims without consent as a criminal offense, reflecting an emphasis on victim privacy and a desire to deter bystanders and media from invading victim privacy.
- In an effort to balance transparency in justice with enhanced protection of victims' privacy, discussion on limiting the disclosure of information such as addresses of victims, particularly in criminal trials, has arisen, with Federal Victims' Commissioner Roland Weber advocating for such changes in light of the attack on the Magdeburg Christmas Market.
