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