Adhesion procedure

In the civil action (from Latin adhesions, the adhesion, cf adhesion) can in the German procedural law civil claims that, instead of grow of an offense made ​​directly in a separate civil proceedings in the criminal proceedings, unless the dispute is not otherwise made before the courts has been.

Control

The civil action is governed by § § 403 et seq Code of Criminal Procedure. It particularly benefits the victims of offenses for which the violation of their legal interests has also led to a maximum eligible according to the rules of civil law damages. Actually, this damage will have to be enforced in another process. Here, the connection by the adhesion and thus the determination in a single process is possible.

The criminal court under the criminal judgment on the civil claim, which was presented in Adhäsionsantrag. If it is of the opinion that the claim does not exist or the alleged tortfeasor is not guilty, it rejects the Adhäsionsantrag completely. Then the civil action to the injured party is still open. It is for the applicant that is not a risk that his claim is finally rejected by the criminal court judgment.

Juvenile justice

In the juvenile justice system, the civil action is according to § 81 JGG not apply if the proceedings relate to a teenager. For adolescents (18 through 20 years) who are condemned even by juvenile justice, it can be applied in accordance with § 109 JGG.

Practice

In practice, a related decision in the civil action still comes but rarely, as the court may waive decision, if the application itself, taking into account the legitimate interests of the applicant for completion in criminal proceedings is not suitable ( § 406 paragraph 1 sentence 4 Code of Criminal Procedure ).

2001 wanted to develop according to demands of victims' associations, the civil action to a common instrument Justice Minister Herta Däubler -Gmelin.