Official offense (Austria)
An official offense is a criminal offense in Austria that the public prosecutor's office must prosecute ex officio . An official offense can be reported by anyone who becomes aware of it - the report can no longer be withdrawn. The authorizing offense represents a restriction of the principle of official access set out in § 2 StPO , which is only prosecuted by the public prosecutor if the person concerned authorizes the public prosecutor to do so. In contrast to this, private prosecution offenses are exceptions to the principle of official redress, as they can only be prosecuted by the injured party as private prosecutor and not by the public prosecutor.
Very impressive examples of official crimes are murder ( § 75 StGB ), robbery ( § 142 StGB ), theft ( § 127 StGB ), bodily harm ( § 83 StGB ) and stalking ( § 107a StGB ). All offenses that are not expressly determined otherwise in the respective law are also official offenses according to § 2 StPO and the reverse of § 71 StPO. This makes the official offense in Austria the normal form of criminal prosecution.
Web links
www.help.gv.at on the official offense
Individual evidence
- ↑ Criminal procedural law and criminal procedure. In: help.gv.at. Austrian Federal Chancellery, January 1, 2014, accessed on February 23, 2014 .
