Penalty claim of the state

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The criminal claim of the state , even criminal monopoly of the state called, is in a legal system enshrined jurisdiction of certain law enforcement , penalties under the criminal law to impose or in anticipation of crime to pursue . The term “claim” is used here in a non-technical sense; it is not a subjective right of the state.

While in anticipation of the judicial proceedings in the criminal justice system , i.e. the preliminary investigation , in particular the police or the public prosecutor's office enforce the criminal claim, in the judicial process the criminal claim of the state is ultimately enforced - through jurisdiction . The law enforcement authorities ensure the integrity of the legal system in the area of ​​criminal prosecution by exercising rights of intervention , which thereby restrict fundamental rights .

The vigilante is contrary to all legal systems of state structures the criminal claim of the state, if it exists. This is a result of the rule of law . For example, vigilante justice is inadmissible under German criminal law and can be punished unless there are justifications such as B. can be asserted against lawfully acting public officials .

The state's monopoly of punishment stipulates which acts are regarded as criminal and determines which penalties are set and how high they are.

Right to prosecute third parties

In certain cases, for example criminal offenses by public officials, the injured person also has the right to prosecute third parties .

See also

literature

  • Hsiao-Wen Wang: The universal criminal claim of the national state: An investigation into the world law principle in international criminal law (Frankfurt criminal science studies), paperback, 2005, 187 pp., ISBN 978-3631532164

Individual evidence

  1. Meyer-Goßner / Schmitt , Commentary on the Code of Criminal Procedure, 60th edition 2017, Rn. 1a to § 172 StPO.
  2. Dirk Diehm, The subjective claim to effective criminal prosecution in: Fabian Scheffczyk and Kathleen Wolter: Lines of jurisdiction of the Federal Constitutional Court, Volume 4, ISBN 978-3-11-042644-1 , pp. 223-246.