Call for Funding to Support Legal Process Assistance for Crime Victims

The government program of the coalition formed by the ÖVP, SPÖ, and NEOS promises adequate funding for psychosocial process support for crime victims during investigative and court procedures. However, it overlooks the essential role of over 300 legal process assistants who provide support to victims before, during, and after criminal trials. This concern was raised by the Austrian Association of Legal Process Assistants (JurPB).

While the inclusion of process assistance in the government program is a positive step, it is crucial to recognize that this support relies on two pillars: psychosocial and legal. For the future sustainability and enhancement of the quality of process assistance, both pillars must be sufficiently funded. This is vital to maintain the proven dual system of support," stated a board member of JurPB.

The organization is advocating for a clear commitment from the government to uphold this dual system. To ensure the legal aspect of process assistance remains financially viable, it is necessary that all required services for high-quality assistance are adequately compensated. Currently, about one-third of these services are provided without appropriate remuneration, making sustainable operation unfeasible.

It is essential that the travel time of legal process assistants be compensated, as well as any activities that occur after a court judgment becomes final. For instance, tasks such as drafting legal demand letters for victims awaiting compensation or damages awarded by the courts are currently unpaid. Additionally, activities beneficial to crime victims, such as determining the release dates of offenders or their first parole dates, are also not compensated.

Assistance with filing charges is reimbursed only when it pertains to issues of statute of limitations or when a formal charge is actually filed. This limitation is particularly frustrating for the association, which views charge assistance as a fundamental component of legal process support. Victims should be empowered to make informed decisions regarding filing charges based on the information received during consultations.

Currently, other types of assistance, including applications under the Victims' Rights Act and short consultations lasting less than five minutes--often unsuccessful phone calls--are not paid. Furthermore, the time-consuming data entry into the Justice Ministry's billing database is also unpaid. The association believes that a 15% administrative surcharge, which is already allocated for certain unpaid services, should be shared with legal process assistants. However, except for two victim support organizations in Vienna, the psychosocial entities retain this surcharge entirely.

The JurPB is advocating for a standardized framework agreement between psychosocial support organizations and legal process assistants. This would represent a necessary step towards professionalization in the field of process assistance, which has been evolving for over 25 years. The agreement should clearly define the responsibilities and payment modalities for the services provided during process support, enhancing transparency and predictability for legal practitioners.

Disparities in payment practices across different organizations and regions have created significant inconsistencies. The JurPB also calls for a review and increase of the hourly rate for legal process assistants, currently set at 118 euros. In contrast, the hourly fee for defense attorneys on standby is 187 euros and is regularly adjusted for inflation. To align with the current economic climate and past reductions in benefits, the hourly rate for legal process assistants would need to increase by as much as 50%, according to the association.