Prosecuting Innocent Persons

Prosecuting Innocent Persons in Europe

Intentionally or Knowingly Prosecuting Innocent Persons in Germany

Provisions relating to intentionally or knowingly prosecuting innocent persons in the German Criminal Code [1]: This criminal issue is covered by Chapter Thirty, under the heading “Offences Committed in Public Office,” located in Section 344 Intentionally or knowingly prosecuting innocent persons, which reads: (1) Whosoever as a public official involved in a criminal proceeding other than a proceeding to order a non-custodial measure (section 11 (1) No 8) intentionally or knowingly criminally prosecutes an innocent person or someone who otherwise may not by law be criminally prosecuted or makes efforts to bring about such a prosecution shall be liable to imprisonment from one to ten years, in less serious cases to imprisonment from three months to five years. The 1st sentence above shall apply mutatis mutandis to a public official involved in a proceeding for the purpose of detention by a public authority. (2) Whosoever as a public official involved in a proceeding to order a non-custodial measure (section 11 (1) No 8) intentionally or knowingly criminally prosecutes someone who may not by law be prosecuted or makes efforts to bring about such a prosecution shall be liable to imprisonment from three months to five years. The 1st sentence above shall apply mutatis mutandis to a public official involved in 1. a proceeding to impose a summary fine; or disciplinary proceeding, disciplinary court or professional disciplinary 2. court proceeding. The attempt shall be punishable.

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Notes

  1. The content of the translated German penal code in relation to intentionally or knowingly prosecuting innocent persons is current as of 2010

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