Locus Standi for Request

Locus Standi for Request in Europe

Locus Standi for Request in Germany

Provisions relating to locus standi for request in the German Criminal Code [1]: This criminal issue is covered by Chapter Four, under the heading “Request to Prosecute; Authorisation to Prosecute; Request to Prosecute by a Foreign State,” located in Section 77 Locus standi for request, which reads: (1) If an offence may only be prosecuted upon a request to prosecute, the victim may file the request unless the law provides otherwise. (2) If the victim dies, his right to file a request passes, if so provided by law, to his spouse, same sex partner and children. If the victim leaves neither a spouse, same sex partner nor children or if they have died before the expiry of the time limit for filing the request, the right to file the request passes to his parents and, if they have died before the expiry of the time limit for filing the request, to his siblings and grandchildren. If a relative has participated in the offence or his quality as a relative of the victim has ceased, he is excluded from the list of those to whom the right to file the request may pass. The right to file the request does not pass if a prosecution were to contravene the pro- fessed will of the victim. (3) If the person entitled to file a request lacks legal capacity or has only limited legal capacity, his statutory representative for his personal affairs and the person responsible for the care of the person are entitled to file a request. (4) If more than one person is entitled to file a request, each may file a request independently.

Resources

Notes

  1. The content of the translated German penal code in relation to locus standi for request is current as of 2010

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