Atonement

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According to German criminal procedure law , the atonement procedure is a pre-trial procedure that must be carried out in the case of certain criminal offenses before the injured party can bring a so-called private suit before the criminal judge.

Section 380 of the Code of Criminal Procedure stipulates that in the case of the following offenses, an attempt at atonement must be carried out before private charges are brought if the injured party and the perpetrator live in the same municipality:

It should be noted that because of these criminal offenses, public charges (indictments) can be brought by the public prosecutor's office without carrying out atonement proceedings.

procedure

The atonement attempt is not initiated ex officio , but the injured person must apply to the so-called settlement authority of his community for a date of atonement . The arbitration office is usually the settlement authority . The injured party and the accused must appear in person at the expiatory date; representation by a lawyer is not required.

The arbitrator tries to bring about an amicable, comparative agreement. This result is then logged. If there is no agreement or if the accused does not appear, this will be certified. This certificate must then be submitted when the private suit is brought.

Sense and purpose

On the one hand, the atonement procedure serves to relieve the courts of hasty private lawsuits. But it should also preserve peace within a community so that fellow citizens reconcile with one another and not go to court.

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