Order on communications in criminal matters
| Basic data | |
|---|---|
| Title: | Order on communications in criminal matters |
| Abbreviation: | MiStra |
| Type: | Administrative regulation |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Section 12 (5) EGGVG |
| Legal matter: | Criminal Procedure Law |
| References : | RB3 - 1431/3 - R2 42/2007 |
| Original version from: | January 15, 1958 ( Federal Gazette No. 12 p. 1) |
| Entry into force on: | February 1, 1958 |
| Last revision from: | February 1, 2019 ( BAnz AT April 8 , 2019 B1 ) |
| Entry into force of the new version on: |
1st May 2019 |
| Weblink: | Full text |
| Please note the note on the applicable legal version. | |
The order for notifications in criminal matters ( MiStra ) is a German administrative regulation . This regulates in which cases and to what extent criminal courts and public prosecutor's offices may pass on information from ongoing and completed criminal proceedings to third parties. The MiStra specifies the statutory notification obligations under the Introductory Act to the Courts Constitution Act and the Code of Criminal Procedure .
For example, if an official commits a criminal offense, the public prosecutor will inform the official's employer . The employer then decides whether to take disciplinary action against the officer ; In criminal cases against young people and adolescents , notifications must be made to the school in appropriate cases, for example if it is required for reasons of school regulations (see No. 33 MiStra).
The MiStra is only an internally binding instruction. In contrast to the statutory notification obligations, it is not externally binding. The MiStra binds the judicial administration , but not the courts. It is coordinated between the federal and state justice administrations and is uniformly valid nationwide.
In civil law , the counterpart is the order on communications in civil matters (MiZi).
literature
- Jürgen Peter Graf: RiStBV and MiStra. Comment. Verlag CH Beck, 1st edition, Munich 2016, ISBN 978-3-406-67622-2 .
