Official offense (Germany)

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An official offense in Germany is a criminal offense that is prosecuted ex officio (i.e. automatically) by the public prosecutor's office . In Germany, this applies to all crimes and most offenses .

According to Section 160 of the Code of Criminal Procedure , the public prosecutor's office has the duty to investigate every criminal offense of which it becomes aware . Only if the criminal law expressly provides for this is it a so-called application offense, which always requires a criminal complaint to prosecute and bring an indictment ( absolute application offense ) or normally ( relative application offense ). The latter represent a hybrid form to the official offenses, as they can exceptionally also be prosecuted if there is no criminal complaint, but the public prosecutor's office assumes a special public interest in the prosecution.

Individual evidence

  1. ^ Thomas Fischer : Criminal Code and ancillary laws . 55th edition. Beck-Verlag, Munich 2008, before § 77 Rn. 2.
  2. ↑ https://www.juraforum.de/lexikon/offizialdelikte