Law on Compensation for Law Enforcement Actions
| Basic data | |
|---|---|
| Title: | Law on Compensation for Law Enforcement Actions |
| Short title: | Law enforcement compensation law (not official) |
| Abbreviation: | StrEG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Administration of justice |
| References : | 313-4 |
| Issued on: | March 8, 1971 ( Federal Law Gazette I p. 157 ) |
| Entry into force on: | April 11, 1971 |
| Last change by: |
Art. 6 G of April 13, 2017 ( Federal Law Gazette I pp. 872, 891 ) |
| Effective date of the last change: |
July 1, 2017 (Art. 8 G of April 13, 2017) |
| GESTA : | C119 |
| Weblink: | Full text of the StrEG |
| Please note the note on the applicable legal version. | |
The Law on Compensation for Prosecution Measures (StrEG) is a German federal law .
Anyone who was wrongly prosecuted in criminal proceedings can demand state compensation if they have suffered damage.
Claims for compensation
Claims arise mainly from:
- Mitigation or elimination of a final conviction
- Acquittal or cessation in terms of pre-trial detention , placement in an institution that securing and seizure , the provisional arrest , the provisional withdrawal of driving license , a temporary prohibition and other measures of persecution
However, compensation can be excluded for various reasons. The most important case here is the causation of the criminal prosecution measure by the injured party, but also self-incriminating through untruthful assertions or the concealment of exculpatory circumstances. Even those who are only not punished because of incompetence or because of a procedural obstacle (most important case: lack of a criminal complaint ) may not receive any compensation.
Compensation for financial loss (e.g. loss of earnings due to imprisonment) will only be paid if the proven damage exceeds the amount of twenty-five euros ( Section 7 (3) StrEG in the version in force since August 5, 2009).
For every commenced day of a deprivation of liberty - in addition to any compensation for financial loss - 25 euros are paid ( Section 7 (3) StrEG in the version in force since August 5, 2009).
The amount of this lump-sum indemnity for non-pecuniary damage had remained almost unchanged since 1988. On January 1, 2002, in the course of the introduction of the euro, the amount was adjusted from 20 DM to 11 euros ( Federal Law Gazette 2001 I p. 3574 ). When this flat rate was set in 1988, it was seen as necessary to adjust it again in the future (see recommendation for a resolution and report of the Legal Committee of the German Bundestag, BT-Drs. 11/1892; plenary minutes of the German Bundestag, 11th electoral period PlPr 11 / 69 of March 11, 1988, p. 4683 ff.).
The state judicial administration decides on the application for compensation. A complaint against the decision of the regional justice administration can be filed with the civil chamber of the competent regional court within three months.
Web links
Individual evidence
