Request to Prosecute

Request to Prosecute in Europe

Request to Prosecute in Germany

Provisions relating to request to prosecute in the German Criminal Code [1]: This criminal issue is covered by Chapter Fourteen,” located in Section 194 Request to prosecute, which reads: (1) An insult may only be prosecuted upon request. If the act was committed through dissemination of written materials (section 11 (3)) or making them publicly accessible in a meeting or through a presentation by broadcast a request is not required if the victim was persecuted as a member of a group under the National Socialist or another authoritarian regime, if this group is a part of the population and the insult is connected to this persecution. The offence may not be prosecuted ex officio if the victim objects. The objection may not be withdrawn. If the victim dies the right to file a request and the right to object shall pass to the relatives indicated in section 77 (2). (2) If the memory of a deceased person has been defamed the relatives indicated in section 77 (2) are entitled to file a request. If the act was committed through dissemination of written materials (section 11 (3)) or making them publicly accessible in a meeting or through a presentation by broadcast a request is not required if the deceased lost his life under the National Socialist or another authoritarian regime and the insult is connected to this persecution. The offence may not be prosecuted ex officio if the person entitled to file the request objects. The objection may not be withdrawn. (3) If the insult was committed against a public official, a person entrusted with special public service functions or a soldier of the Armed Forces while in the execution of his duties or in relation to his duties, it may be prosecuted upon the request of his superior. If the offence is directed against a public authority or other agency that performs duties of public administration it may be prosecuted upon the request of the head of the public authority or the head of the supervisory authority. This applies mutatis mutandis to public officials and public authorities of churches and other religious associations under public law. (4) If the offence is directed against a legislative body of the Federation or a state or another political body within the Federal Republic of Germany it may be prosecuted only upon the authorisation of that body.

Request to Prosecute in Germany

Provisions relating to request to prosecute in the German Criminal Code [1]: This criminal issue is covered by Chapter Twenty-seven, under the heading “Criminal Damage,” located in Section 303c Request to prosecute, which reads: In cases under sections 303 to 303b the offence may only be prosecuted upon request, unless the prosecuting authority considers propio motu that prosecution is required because of special public interest.

Request to Prosecute in Germany

Provisions relating to request to prosecute in the German Criminal Code [1]: This criminal issue is covered by Chapter Twenty-five, under the heading “Criminal Self-seeking,” located in Section 294 Request to prosecute, which reads: In cases under section 292 (1) and section 293 the offence may only be prosecuted upon request of the victim if it was committed by a relative or at a place where the offender was permitted to engage in hunting or fishing to a limited extent.

Request to Prosecute in Germany

Provisions relating to request to prosecute in the German Criminal Code [1]: This criminal issue is covered by Chapter Seventeen, under the heading “Offences Against the Person,” located in Section 230 Request to prosecute, which reads: (1) Causing bodily harm intentionally under section 223 and negligently under section 229 may only be prosecuted upon request unless the prosecuting authority considers propio motu that prosecution is required because of special public interest. If the victim dies the right to file a request in cases of intentional bodily harm shall pass to the relatives pursuant to section 77 (2). (2) If the act has been committed against a public official, a person entrusted with special public service functions, or a soldier of the Armed Forces during the discharge of their duties or in relation to their duties it may also be prosecuted upon the request of their superiors. The same shall apply to public officials of churches and other religious associations under public law.

Request to Prosecute in Germany

Provisions relating to request to prosecute in the German Criminal Code [1]: This criminal issue is covered by Chapter Twenty-six, under the heading “Restrictive Practices Offences,” located in Section 301 Request to prosecute, which reads: (1) The offence of taking and giving bribes in commercial practice under section 299 may only be prosecuted upon request unless the prosecuting authority considers propio motu that prosecution is required because of special public interest. (2) The right to file the request under subsection (1) above belongs, in addition to the victim, to all of the business persons, associations and chambers indicated in section 8 (3) Nos 1, 2, and 4 of the Restrictive Practices Act.

Request to Prosecute in Germany

Provisions relating to request to prosecute in the German Criminal Code [1]: This criminal issue is covered by Chapter Fifteen, under the heading “Violation of Privacy,” located in Section 205 Request to prosecute, which reads: (1) In cases under section 201 (1) and (2) and sections 201a to 204 the offence may only be prosecuted upon request. (2) If the victim dies the right to file a request shall pass to the relatives pursuant to section 77 (2); this shall not apply to offences under section 202a or section 202b. If the secret does not relate to the sphere of the personal privacy of the victim the right to file a request for offences under section 203 and section 204 shall pass to the heirs. If the offender discloses or exploits the secret after the death of the person in cases under section 203and section 204, the 1st and 2nd sentences above shall apply mutatis mutandis.

Resources

Notes

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

Resources

Notes

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

Resources

Notes

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

Resources

Notes

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

Resources

Notes

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

Resources

Notes

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

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