Withdrawal of Request

Withdrawal of Request in Europe

Withdrawal of Request in Germany

Provisions relating to withdrawal of 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to Prosecute by a Foreign State,” located in Section 77d Withdrawal of request, which reads: (1) The request may be withdrawn. The withdrawal must be declared before the final conclusion of the proceedings. A withdrawn request cannot be filed afresh. (2) If the victim, or, in the case of his death, the person entitled, dies after he has filed the request, the spouse, the same sex partner, children, parents, siblings or grandchildren of the victim party may withdraw the request in the order of precedence indicated in section 77 (2). Several relatives of equal precedence may only exercise the right jointly. A relative who participated in the offence may not withdraw the complaint.

Resources

Notes

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

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