Private prosecution

The private action is a method in the German criminal procedure law. The private prosecution is governed by the Code of Criminal Procedure § § 374-394. Moreover, the rules of the Code of Criminal Procedure shall apply mutatis mutandis, provided in § § 374-394 Code of Criminal Procedure is governed nothing special. With the private prosecution is not bound to the principle of legality more. It is up to the injured party if he brings an action. In the RiStBV is regulated to a reference to a private prosecution by the public prosecutor in No. 87 details.

Admissibility

The private prosecution can be operated without the participation of the public prosecutor by the injured person of a crime. The private prosecution is permitted but only for a limited number ( Enumerationsprinzip ) of offenses. These crimes must not stand in Tatmehrheit or coincidence (or in competition laws ) with a criminal offense. The relevant offenses are according to § 374 Code of Criminal Procedure:

  • Trespass ( § 123 StGB)
  • Insult offenses ( § § 185-189 of the Criminal Code )
  • Violation of the secrecy of correspondence ( § 202 StGB)
  • Simple intentional or negligent bodily injury ( § § 223, 229 StGB)
  • Enactment ( § 238 paragraph 1 of the Criminal Code ) and threats ( § 241 StGB)
  • Bribery and commercial bribery ( § 299 StGB)
  • Property damage (§ 303 StGB)
  • Full noise ( § 323a StGB), if the act committed in the intoxication is indeed one of the above
  • Offences under the Unfair Competition Act (§ § 16-19 UWG)
  • Further offenses in the field of intellectual property law and copyright.

Action is entitled to always only the injured party or the one to which the application under § 77 para 2 of the Criminal Code has passed. However, the applicant must be competent to stand trial. If this property, it can only be the legal representative (parent or caregiver ) raise private prosecution. In the area of ​​intellectual property law and commercial interest groups can sue the infringer. For certain offenses only request the superiors are entitled to bring the action.

Is not permitted to private prosecution against persons who were teenagers at the material time ( § 80 paragraph 1 JGG). In addition, a private complaint not against extraterritorial (§ § 18-20 GVG ), as well as against members of the country or Bundestag is possible if no permission of the Parliament is. Permitted the litigation is by lawyers. The accused in the private complaint process may be assisted by a defender.

Arbitration Office

For the offenses under § § 123, 185-189, 202, 223, 229, 241 and 303 of the Criminal Code ( see above), the action still has the attempt of atonement before a comparison point is required before collection. Only when the atonement attempt has failed, then the private action may be brought. The comparison sites are the arbitration courts in general.

The private complaint must be lodged in writing or on the record of the branch with the court. The complaint must describe the facts and the perpetrator.

Method

The process is operated similarly to an adversarial process. However, the private plaintiff can not be a witness on his own behalf. If more than one right to bring suit, so they can do this independently ( § 375 Code of Criminal Procedure ). After collection of private complaint by a person entitled any other beneficiary of the lawsuit can join. The prosecutor is not obliged to participate in the private litigation. However, you can (also by producing the records of the court), the process at any time up to the date of the judgment becomes final take ( § 377 Code of Criminal Procedure ).

Costs

There arise the usual cost. Even in the private litigation can legal aid be requested. A court advance fee is also payable.

Special

In private actions, the counterclaim ( § 388 Code of Criminal Procedure ) is permitted. Then must have been committed mutually a private prosecution of crime. Also for the counterclaim, the provisions of private prosecution shall apply.

The court may adjust according to § 383 Code of Criminal Procedure, the thing with low debt, what is the regular output of private prosecution matters in practice. The Court finds that it is a criminal offense, the matter is also set. The files are previously submitted to the prosecutor's office.

Legal consequences

The legal consequences extend to all legal consequences of the affected offenses. Although all penalties, measures of correction and prevention may, however, pursuant to § 384 Code of Criminal Procedure can not be imposed.

Remedy

The rulings and decisions available to the private plaintiff's appeal, which usually devolved to the prosecutor's office, too. In contrast to the 'real' attorney, however, the private prosecutor may not engage in favor of the defendants appeal. It may also apply for a retrial to the detriment of the accused. A Berufungs-/Revisionsantrag can be done by both litigants ( § 296 Code of Criminal Procedure, § 391 ( 2) Code of Criminal Procedure )

The substance may have finally the discontinuance and the re- establishment of rights stand However, after the withdrawal of the suit they should not be charged again.

Form

The private complaint must be raised in the form of a bill of indictment; while the court costs must be advanced. An attorney is not required for this. The office or legal department at the local court helps in the formulation.

  • Criminal law ( Germany )
Unfair business practices Justice of the Peace Prejudice (legal procedure)
661644
de