So that those affected by Trafficking in Human Beings Without German citizenship, having a basis to recover and escape the influence of perpetrators can be a three months reflection and stabilization period This is intended to prevent premature expulsions or deportations. The right to this extension exists regardless of whether the individuals concerned make a statement to the police.

During this time, those affected can become aware of their rights, seek advice and receive initial care (for example, medical care or safe accommodation). Furthermore, individuals can decide during this time whether they wish to testify as witnesses in criminal proceedings or, if necessary, prepare for their voluntary departure.

When concrete evidence This is evidenced by the fact that a person without German citizenship is from Trafficking in Human Beings If a person is potentially affected, the immigration authority is generally obligated under Section 59 Paragraph 7 of the Residence Act (AufenthG) to grant a so-called departure deadline of at least three months. During this period, no action may be taken against the person. no measures terminating residence The judgment can be enforced. Furthermore, temporary support for basic needs is guaranteed during this period, which makes the cooling-off period relevant for those affected from EU member states as well.  

For the evidentiary requirements of these specific indications, a credible statement from the person concerned is generally sufficient. The specific indications can also be established by Information from the police or public prosecutor's office, as well as through a specialist counselling center for those affected by Trafficking in Human Beings The required documents must be provided. After the deadline has expired, those affected who decide to participate as witnesses in criminal proceedings can receive a residence permit.

The right to a reflection and stabilization periodThe period of respite, also known as the recovery and reflection period, is enshrined in both Article 6 of EU Directive 2004/81/EC and Article 13 of the Council of Europe Convention on Action against Trafficking in Human Beings. 
It is enshrined in law. Germany is obligated to implement the deadline in accordance with EU and international law.

The KOK has a Leaflet with the most important information about reflection and stabilization period Developed. 

Trafficked persons from third countries who decide to cooperate with law enforcement authorities may, under certain circumstances, be granted a residence permit in accordance with Section XNUMX (XNUMXa) or (XNUMXb) of the Residence Act (AufenthG). This permit is initially granted for one year and is linked to the duration of the criminal proceedings. After the criminal proceedings have been concluded, the residence permit shall be extended if humanitarian or personal reasons or public interests require the foreigner to remain in Germany.

The requirements for a residence permit according to § 25 para. 4a of the Residence Act are:  

• credentials for the presence of the person concerned is considered appropriate by the public prosecutor's office or the criminal court for criminal proceedings., because without the statements of the victim witnesses, the investigation of the facts would be more difficult,
• the person has any connection to those accused of committing the crime to have, cancelled and
• the person affected is prepared to testify as a witness in the criminal proceedings concerning the crime to testify.

Persons who possess a residence permit pursuant to Section 25 Paragraph 4a of the Residence Act are entitled to claim social benefits. 

The requirement that attendance be deemed necessary presents a major hurdle, as the statements of those affected are often considered insufficient. The KOK therefore advocates for a Residence rights for those affected, independent of criminal proceedings of Trafficking in Human Beings . 

Section 25, paragraph 4b of the German Residence Act (AufenthG) regulates a temporary residence permit for foreigners from third countries who are employed in Germany in a conspicuously disproportionate number compared to German employees and without a work permit. The residence permit can be granted after the conclusion of the proceedings. The contract can only be extended if the person concerned is still entitled to remuneration and there is a particular hardship. which would mean pursuing them from abroad. In practice, this played a role. This residence permit hardly plays a role. and is rarely granted. 

Another way to secure regular residency in Germany is through the asylum procedure.

In addition to the possibility of obtaining a residence permit via Section 25 Paragraph 4a of the Residence Act, the asylum procedure can offer an alternative under residence law for those from Trafficking in Human Beings affected persons. An asylum procedure However, it does not create equal access to law enforcement, protection, and expert advice..

In the consulting practice of specialised counselling centres It is evident that many affected individuals apply for asylum to obtain protection and a prospect of remaining in the country – also because the requirements for a residence permit under Section 25 Paragraph 4a of the German Residence Act are very high. However, recognition rates in asylum proceedings are rather low. 

There are four different forms of protection: Asylum entitlement, refugee protection, subsidiary protection or a prohibition of deportation. These decisions can be made by the Federal Office for Migration and Refugees (BAMF) and can be found in the Asylum Act (AsylG), the Basic Law and the Residence Act.

The most comprehensive form of protection is refugee protection. Trafficking in Human Beings and exploitation can lead to recognition of refugee status, especially if individuals are from Zwangsprostitution and are affected by sexual exploitation as forms of gender-based violence and are at high risk of being exploited and/or discriminated against again upon returning to their home country.

To secure their livelihood, those in need can receive assistance from Trafficking in Human Beings They are entitled to social benefits. What benefits they can receive, This is determined by the right of residence..

German victims will be in emergency situations requiring assistance Social assistance and basic income support benefits are granted in accordance with the second or twelfth book of the Social Code (SGB II/XII).

During reflection and stabilization period Do those affected from third countries have a right to benefits under the Asylum Seekers Benefits ActEU citizens can during this period Benefits under the Social Code They will receive this. To do so, they must provide a certificate confirming the existence of evidence of Trafficking in Human Beings Submit it to the job center.

Persons with a residence permit according to § 25 para. 4a or 4b of the Residence Act receive benefits according to SGB II.

EU citizens regularly face difficulties receiving benefits. Job centers often require them to have a residence permit under Section 25 Paragraph 4a or 4b of the German Residence Act. However, they regularly need a residence permit due to the... Freedom of Movement Act (Freedom of Movement Act/EU) in Germany do not require a visa or residence permit. Due to the prohibition of discrimination, they must not be disadvantaged compared to third-country nationals. Therefore, a purely fictitious examination of the requirements for a residence permit This process will come. However, it presents particular challenges for government offices.

Trafficked persons Trafficking in Human Beings They often suffer from both physical damage, for example as a result of violence by perpetrators, lack of healthcare or poor nutrition, as well as under psychological damage such as trauma. Furthermore, many sufferers are also affected by Trafficking in Human Beings and labor exploitation a part of the wage or often the entire wage They are not paid for the work they perform. At the same time, the perpetrators earn money through the work that the victims are forced to do. Trafficking in Human Beings for them, a high profit.

Compensation refers to redress for damages incurred or suffered. Compensation payments can be made in the following ways: Form of compensation or damages This will occur. Since those affected by the Trafficking in Human Beings Since they suffer great damage both materially and immaterially, it is important to help them. appropriate legal remedies to enable this. This helps them to effectively enforce not only their right to wages, but also to appropriate compensation. Although the legal basis for compensation and the payment of withheld wages exists in Germany, in practice there are a number of reasons that prevent those affected from enforcing their rights.

Civil claims can be asserted under Section 823 Paragraph 1 of the German Civil Code (BGB). According to Section 823 Paragraph 1 BGB, anyone who intentionally or negligently endangering lifeAnyone who unlawfully injures the body, health, freedom, property, or any other right of another person is obligated to compensate that person for the resulting damage. Furthermore, according to § 823 para. 2 of the German Civil Code (BGB), Claims for damages have been asserted will be, if perpetrators comply with Sections 232 et seq. of the Criminal Code (StGB) have committed a crime. 

In addition to compensation for material damages, Section 253 Paragraph 2 of the German Civil Code (BGB) also provides for compensation in cases of bodily injury, damage to health, deprivation of liberty and violation of the right to sexual self-determination. damages be required.

In the adhesion procedure (regulated in §§ 403 ff. of the Code of Criminal Procedure), a Criminal court, upon application by the plaintiff, on civil claims for pain and suffering and damages, also within the framework of criminal proceedings The prerequisites for this are that criminal proceedings have been initiated, a main hearing takes place, and the perpetrators are convicted with regard to the offenses related to the claims. 

The Advantage The advantage of this approach is that, during the criminal proceedings, the civil claims of the victims are examined and necessary evidence is gathered, for example, to determine whether bodily harm has occurred. Handling these matters simultaneously in one proceeding avoids a separate proceeding with overlapping issues and saves time. However, challenges can arise when more complex civil law issues emerge that are not typically adjudicated by criminal courts. In such cases, it may be more effective and offer greater legal protection for the victims to pursue these claims directly in the civil courts.

Outstanding wage claims can be asserted in accordance with § 611 of the German Civil Code (BGB). For this to be possible, an employment contract must have existed. Even without a residence or work permit, those affected have access. to German labor court jurisdiction. However, it should be noted that the The immigration office or the tax office will be aware of the residence status. the person concerned can receive. Therefore, those affected without a legal residence permit are at risk of deportation or other consequences related to their immigration status.  

Enforcing claims for payment of wages is not easy. For one thing, it is difficult for Those affected often find it difficult to provide the necessary evidence for their claims.Another obstacle is the short time limits within which claims can be made. 

If, due to a breach of contract, employees have suffered further damage within the framework of the employment relationship, claims may also be made under Sections 280, 249 et seq. of the German Civil Code (BGB). financial compensation . there

Non-personal or anonymized information remains protected by tax secrecy. Disclosure to third parties is only allowed if no identification is possible and both states confirm that no harm to tax administration will occur. vis-à-vis the state There may be options available for those affected by Trafficking in Human Beings Claims for compensation. This will be in effect from the beginning of 2024. Social Compensation Law (SGB XIV) has entered into force in full, replacing the former Victims' Compensation Act (OEG). 

Social compensation benefits can be provided under the German Social Code, Book XIV (SGB XIV). Victims and their relatives, survivors and close friends They receive compensation. This right applies to German citizens as well as foreigners. Prerequisites for a claim by victims include the occurrence of a physical or psychological act of violence (for example, assault, harassment, or other forms of abuse). Trafficking in Human Beings), resulting in health damage and the associated health and economic consequences.

The range of services includes, among other things, medical treatment, compensation payments, and occupational disability compensation. Furthermore, there is an entitlement to so-called "rapid assistance," acute care in a trauma clinic, and/or the use of case management to improve access to benefits under Book XIV of the German Social Code (SGB XIV).

The KOK, together with the Federal Coordination of Specialized Counseling Centers Against Sexualized Violence in Childhood and Adolescence (BKSF) and the Federal Association of Women's Counseling Centers and Women's Helplines (bff) Practical guide to social compensation law Developed.

Criminal proceedings are for those affected usually very stressfulTherefore, professional support is helpful to make the process transparent and to give those affected the opportunity to exercise their rights and shape the process in their own interests. 

The Needs can vary greatly. Not all victims want to testify in court, not all want perpetrators punished, some are primarily interested in fair compensation. Some simply want to forget everything and put it all behind them as quickly as possible. 

Many counseling centers have years of experience supporting individuals before, during, and after criminal proceedings. Furthermore, support is also available through a psychosocial process support according to § 406g of the Code of Criminal Procedure (StPO).

It is important that the individuals concerned know and understand their rights in the proceedings. These include, in particular: 

• The defendants have extensive rights in the criminal proceedings Information and disclosure rightsAccording to Section 406d of the German Code of Criminal Procedure (StPO), an affected person may Information on the status of the proceedings They can apply. According to Section 406d Paragraph 2 of the German Code of Criminal Procedure (StPO), those affected can also obtain other information: for example, whether perpetrators are in custody and, above all, whether and when they will be released. Furthermore, information regarding the granting of relaxed custody conditions, such as temporary release or open prison, is of great importance to those affected if they fear a threat to their safety.
• According to Section 48a of the Code of Criminal Procedure, the following must always be observed during the entire criminal proceedings: special need for protection to examine the witness's identity. An expression of the special protection afforded to the persons concerned is, for example, the possibility that not their own address, but a [missing information], is used. other address for service of process can be named. This could be acquaintances, a work address, a specialist counselling center or appointed lawyers.  
• Every affected person has the right to Legal counsel will accompany you during an interrogation. In special cases, lawyers can be appointed pursuant to Section 68b Paragraph 2 of the Code of Criminal Procedure and paid from the court treasury.
• Witnesses who were Trafficking in Human Beings Those affected may, pursuant to Section 406f Paragraph 2 of the Code of Criminal Procedure, be accompanied by a person you trust, provided this does not jeopardize the purpose of the investigation.
• For victims of serious crimes, the possibility of Private prosecution Created according to Section 395 of the Code of Criminal Procedure, they are intended to actively participate in criminal proceedings. They are not meant to be merely "evidence" and thus objects of the proceedings, but rather to exercise their own rights and be able to act alongside the prosecution in the criminal proceedings.

Furthermore, those affected also have obligations as witnesses in criminal proceedings, for example, the Obligation to appear and the obligation to testify truthfullyHowever, under certain circumstances they can also be used by Right to refuse to testify Make use of it.

The principle of non-punishment grants a right to those affected by Trafficking in Human Beings on Waiver of punishment The proposed changes state that those affected should not be prosecuted or punished for offenses committed in connection with Trafficking in Human Beings and committed under duress. The principle is intended to protect victims if they are not responsible for committing the act. It is also intended to encourage them to... Trafficking in Human Beings to display.

The implementation of this principle is governed by the EU Trafficking in Human Beings Directive (Directive 2011/36/EU as amended by Directive (EU) 2024/171) and the Council of Europe Convention against Trafficking in Human Beings specified and looks a far-reaching exemption from punishment for those affected by Trafficking in Human Beings for their involvement in criminal acts directly related to Trafficking in Human Beings This provision was implemented in German law through Section 154c Paragraph 2 of the Code of Criminal Procedure (StPO). According to this section, the public prosecutor's office may refrain from prosecuting an alleged offense, such as illegal residence under the Residence Act. The prerequisite is that the offense only comes to light through a report filed by the victim of human trafficking, or that the report is at least directly attributable to the victim, and that the offense is a misdemeanor. This means that the offense must not be punishable by a prison sentence of one year or more.

The decision to discontinue proceedings is at the discretion of the public prosecutor's office. In practice, this is Principle rarely used in Germany The possibility of applying the non-punishment principle in such a way that no investigation is initiated against the individuals concerned is not used in Germany.

You can find more information in this Advocacy document and Declaration to this, which is done by the KOK in cooperation with La Strada International were created.

Regardless of whether those affected testify as witnesses in criminal investigations, they have Entitlement to support and care servicesThe right to assistance is enshrined, among other things, in Article 11 of the EU Trafficking in Human Beings Directive (Directive 2011/36/EU as amended by Directive (EU) 2024/171) and Article 12 of the Council of Europe Convention against Trafficking in Human Beings anchored.

Specifically, this includes:

• Adequate and safe accommodation in sufficient numbers: Many specialised counselling centres for those affected by Trafficking in Human Beings They offer safe accommodation, for example in shelters. In some cases, those affected are also housed in guesthouses or women's shelters. However, there are too few safe accommodation places in Germany. In particular, there is a lack of options for children, men, families, and trans* people, and short-term solutions often have to be found, or unsuitable options such as homeless shelters have to be used.
• Right to medical and psychological support: Affected by Trafficking in Human Beings As a result of coercion and exploitation, asylum seekers often suffer from physical and/or mental illness and require medical and psychological support. For third-country nationals receiving benefits under the Asylum Seekers' Benefits Act (AsylbLG), many services are not covered or are only provided in emergencies. Furthermore, there are significant problems, particularly with access to psychotherapy. This is due not only to issues of financing and language barriers, but also to the shortage of therapy places in Germany.
• Right to advice and informationTo exercise their rights, those affected must be informed about available services. Specialized organizations offer advice and support. specialised counselling centresIf those affected cannot find their way to counselling centers on their own, law enforcement agencies are obligated to inform them of their rights outside of criminal proceedings. In regions where specialised counselling centres If these areas are located in the same town or city, there are often well-established contacts with the police. If this is not the case, or if law enforcement agencies are not available, then... Trafficking in Human Beings Even though they are sensitized to the issue, those affected are often denied the right to advice.

The specialized groups united in the KOK specialised counselling centres They work according to shared guiding principles and quality standards. The counseling is free, confidential, and anonymous. It is available regardless of whether the victims wish to file charges against the perpetrators. It generally takes place in the victim's first language or with the support of interpreters. A key principle of the counseling is transparency; that is, the counselors clearly explain the possibilities as well as the limitations of the counseling. The consent of the victims is a fundamental prerequisite for all steps of the counseling process. The interests and needs of the victims are the focus of the counseling. The specialized specialised counselling centres They offer a comprehensive range of advice, from initial consultation and crisis intervention to support during legal proceedings, building new life perspectives, or helping with the return to the country of origin.  

Under the Search for specialised counselling centers A list of specialized [services/professions] can be found here. specialised counselling centres for those affected by Trafficking in Human Beings, their services and contact details, as well as those of other organizations working on the issues of exploitation, violence against women, prostitution, displacement, and migration. KOK member organizations are marked in the list.