Home and family theft
The House and family theft ( § 247 of the German Criminal Code ) provides a "procedural" privilege to the other theft offenses and the embezzlement is.
The wording of Section 247 of the Criminal Code is: If a relative, guardian or carer is injured as a result of theft or embezzlement, or if the injured person lives with the perpetrator in the same household, the offense will only be prosecuted upon request.
Section 247 of the Criminal Code privileges the theft that has taken place as an absolute complaint . This can only be prosecuted if the injured party files a criminal complaint . The law enforcement authorities cannot intervene because of a particular public interest in prosecution. The personal closeness of the relatives, guardians or caregivers makes it clear that the offense will continue to be prosecuted according to the usual regulations if it is directed against non-relatives or was committed by the guardian or carer.
The house community is seen as a community that was founded on a voluntary basis and comprises a common area of living and living. A dissenting opinion also wants to include forced communities.
Since Section 247 of the Criminal Code is procedural privilege, it does not block the application of the qualification in Section 244 or Section 244a of the Criminal Code if a criminal complaint has been filed.
