Application offense
An application offense is understood to be a criminal offense which , in principle, is only investigated by the law enforcement authorities at the request of the injured party. A distinction is made between
- an absolute claim offense and
- a relative claim offense
The counterpart to the application offense is the official offense , which the public prosecutor must prosecute ex officio.
Absolute application offense
Absolute claim offenses cannot be prosecuted without a criminal complaint . The absence of this constitutes a real obstacle to prosecution (such as the statute of limitations ). Under German law, for example, trespassing in accordance with Section 123 of the Criminal Code (StGB) is such a pure application offense.
Relative claim offense
Most complaint offenses under German law are a mixture of complaint and official offenses, which can be prosecuted even if there is no criminal complaint, but the public prosecutor's office affirms the special public interest in prosecution. Such a mixed form in German law is, among other things, simple willful and negligent bodily harm ( § 223 , § 229 , § 230 StGB). The affirmation of the special public interest in criminal prosecution cannot be challenged with legal remedies .
Application offenses in the Criminal Code
In the German Penal Code reported total request offenses:
- Section 123 - Trespassing
- Section 145a - Violation of instructions during supervision of conduct
- Section 185 - Insult (in conjunction with Section 194 )
- § 186 - Defamation (in conjunction with § 194 )
- § 187 - Defamation (in conjunction with § 194 )
- Section 201 Paragraphs 1 and 2, Sections 202 , 203 and 204 - Violation of personal life and confidential areas (in conjunction with Section 205 )
- Section 247 - House and family theft
- Section 248b - Unauthorized use of a vehicle
- Section 248c Paragraph 4 - Withdrawal of electrical energy
- Section 288 - thwarting foreclosure
- Section 289 - Return of pledge
- Section 293 - Fish poaching (in conjunction with Section 294 )
- Section 323a - Intoxication , provided that the intoxication offense not punished for insanity is an absolute application offense
- Section 355 - Breach of tax secrecy
Offenses identified in the German Criminal Code that can be prosecuted on application, but also in the presence of a special public interest (relative application offenses):
- Section 182 Paragraph 3 - Sexual Abuse of Young People
- § 183 - Exhibitionist acts
- § 201a - Violation of the highly personal area of life through picture taking
- Sections 202 a and 202 b - Violation of personal life and confidential area (in conjunction with Section 205 )
- Section 223 - Bodily harm (in conjunction with Section 230 )
- Section 229 negligent bodily harm (in conjunction with Section 230 )
- Section 235 - Deprivation of Minors
- Section 238 (1) - Enactment
- Section 248a - Theft and embezzlement of low value items
- Section 248c Paragraphs 1, 2 and 3 - Withdrawal of electrical energy
- Section 299 - Bribery and bribery in business dealings (in conjunction with Section 301 )
- Section 303 - Damage to property (in conjunction with Section 303c )
- § 303a - data change (in conjunction with § 303c )
- Section 303b - Computer sabotage (in conjunction with Section 303c )
Offenses reported outside of the German Criminal Code that can be prosecuted on request, but also in the presence of a special public interest:
- § § 106 to § 108 as well as § 108b of the Copyright Act (in conjunction with § 109 )
- Section 142 of the Patent Act
- Section 25 of the Utility Model Act
- Section 10 of the Semiconductor Protection Act
- Section 39 of the Plant Variety Protection Act
- Section 143 and Section 143a of the Trademark Act
- Section 51 and Section 65 of the Design Act
- Section 33 of the Art Copyright Act
- § § 17 to § 19 of the Act against Unfair Competition