Service content
Description of the
In the case of certain minor offences that generally have little impact on the general public (so-called private prosecution offences, e.g. insult, damage to property), public prosecution is only brought by the public prosecutor's office if this is in the public interest. If the prosecution is not taken over by the public prosecutor's office, the injured party can bring a private action against the accused. In certain cases, however, a private action may only be brought after an unsuccessful attempt at atonement has been made before the municipality.
In the case of the offences of trespassing, insult, violation of the secrecy of correspondence, (intentional or negligent) bodily harm, threats and damage to property, a private prosecution may only be brought before the local court if an attempt at atonement has previously been made without success. The same applies if one of the aforementioned offences is committed while intoxicated and thus constitutes an offence of drunkenness pursuant to Section 323a of the German Criminal Code.
The municipality in whose area both parties live is responsible for carrying out the attempt at atonement. If the parties live in different municipalities, the attempt at atonement is not necessary.
Costs
A fee in accordance with the Costs Act is charged for the execution of the expiation attempt.Legal basis
- §§ Sections 374 - 394 of the Code of Criminal Procedure (StPO)
- Art. 49 Act on the Implementation of the Judicial Constitution Act and Federal Procedural Laws (AGGVG)
Implementation of § 380 of the Code of Criminal Procedure
- Ordinance on Attempted Conciliation in Private Lawsuits
Procedure
At the request of the person entitled to bring a private action, the municipal office responsible for conducting the attempt at expiation shall arrange the expiation hearing.
The parties may be represented by a lawyer or another authorised representative (however, there is no obligation to be represented by a lawyer).
The competent authority of the municipality shall work towards reconciliation between the parties.
If the attempt at atonement is unsuccessful, the applicant will be issued with a certificate.
The applicant can then bring a private action before the competent district court.