Injured party (criminal procedure law)

In criminal procedure law, an injured person is a person who is directly injured in a legal interest by a criminal act .

definition

Only the interests recognized by the criminal law are included. The term injured person is interpreted broadly because the protection of the principle of legality should be comprehensive within the legal framework. The satisfaction interest and civil law assessments must also be taken into account. Anyone who alleges a criminal offense directed against himself, the actual commission of which is then assumed for his position as an injured party, is deemed to be injured. In addition to natural persons , legal persons , authorities and governments can also be considered as injured parties . It is not enough that the applicant is only affected by the reported crime like any other citizen .

Legal status

The position as an injured party gives rise to a number of legally regulated options in German law to pursue one's rights. In particular, the injured party is entitled

to file a criminal complaint or to file a criminal complaint ( Section 77 StGB ),

the charge to force ( § 172 Code of Criminal Procedure )

to appear as a joint plaintiff (§ § 397 ff. StPO) and

to bring a private lawsuit ( § 374 StPO)

to assert a claim for compensation for (back) transfer and surrender of a confiscated object or for satisfaction from the confiscated value compensation against the public prosecutor (§ 459k StPO).

The Federal Constitutional Court has consistently ruled that there is no constitutionally guaranteed right of an individual to prosecute a third party by the state. However, according to the Tennessee Eisenberg decision of June 26, 2014, a legally unregulated right to compel investigations can be exercised in the case of serious crimes against life, physical integrity, sexual self-determination and the freedom of the person, in the case of offenses by public officials or in criminal offenses , where the victims are in a special custody relationship with the public sector, exist and justify a right to criminal prosecution by third parties , d. H. a right to formal initiation of preliminary proceedings against the accused by the competent public prosecutor's office .

Examples

The victim of a theft is the owner or the owner of the stolen property, the victim of a failure to provide assistance is the person in need. In contrast, those who endanger road traffic are not injured .

literature

Lutz Meyer-Goßner / Bertram Schmitt : Code of Criminal Procedure. CH Beck, 61st edition, Munich 2018. Commentary on § 172 StPO. ISBN 3-406-47733-X .

Web links

Mirko Laudon, inspection of the files of the injured party with testimony-against-testimony

Individual evidence

↑ Meyer-Goßner / Schmitt, Commentary on the Code of Criminal Procedure, 61st edition 2018, para. 9, 10 on § 172 StPO
↑ Meyer-Goßner / Schmitt, Commentary on the Code of Criminal Procedure, 61st edition 2018, Rn. 1a to § 172 StPO.
↑ BVerfG, decision of April 9, 2002 - 2 BvR 710/01, no. 5
^ Mirko Laudon : Ermittlungserzwingungsverfahren , Strafakte.de, May 15, 2013.
↑ Federal Constitutional Court, decision of 26 June 2014 Az. 2 BvR 2699/10 para. 8 ff.

[1] Meyer-Goßner / Schmitt, Commentary on the Code of Criminal Procedure, 61st edition 2018, para. 9, 10 on § 172 StPO

[2] Meyer-Goßner / Schmitt, Commentary on the Code of Criminal Procedure, 61st edition 2018, Rn. 1a to § 172 StPO.

[3] BVerfG, decision of April 9, 2002 - 2 BvR 710/01, no. 5

[4] Mirko Laudon : Ermittlungserzwingungsverfahren , Strafakte.de, May 15, 2013.

[5] Federal Constitutional Court, decision of 26 June 2014 Az. 2 BvR 2699/10 para. 8 ff.