Criminal Procedure Code (StPO)

Unofficial table of contents

StPO

Date of completion: 12.09.1950

Full quote:

" Code of criminal procedure in the version of the Notice of 7 April 1987 (BGBl. I p. 1074, 1319), most recently by Article 2 (2) of the Law of 12 June 2015 (BGBl. 926).

Status:	New by Bek. v. 7.4.1987 I 1074, 1319
	Last amended by Art. 2 sec. 2 G v. 12.6.2015 I 926

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1981 + + +) 
(+ + + measures due to EinigVtr cf.  StPO Annex EV; 
 Partially no longer to be used + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EEC-GRL 439/91 (CELEX Nr: 391L0439)  V v. 24.4.1998 I 747 + + +) 
(+ + + For application d.  § 100c cf.  OrgKVerbG Art. 5 + + +) 

  

Revision of the Criminal Procedure Code of 1.2.1877 RGBl. 253 by Art. 9 d. G v. 12.9.1950 I 455 Unofficial table of contents

Overview

First book
General provisions
	First section
		Competence of the courts	§ § 1 to 6a
	Second section
		Place of jurisdiction	§ § 7 to 21
	Third Section
		Exclusion and rejection of court personnel	§ § 22 to 32
	Fourth Section
		Judicial decisions and communication between the parties involved	§ § 33 to 41a
	Fifth Section
		Deadlines and reinstatation in the previous stand	§ § 42 to 47
	Sixth Section
		Witnesses	§ § 48 to 71
	Seventh Section
		Expert and eye view	§ § 72 to 93
	Eighth section
		Seizure, surveillance of telecommunications, screening, use of technical means, use of covert investigators and search	§ § 94 to 111p
	Ninth Section
		Arrest and provisional arrest	§ § 112 to 130
	9a.
		Other measures to ensure law enforcement and enforcement	§ § 131 to 132
	9b. Section
		Preliminary professional ban	§ 132a
	Tenth section
		Questioning of the accused	§ § 133 to 136a
	Eleventh Section
		Defence	§ § 137 to 150
Second book
Procedure in the first legal proceedings
	First section
		Public action	§ § 151 to 157
	Second section
		Preparation of the public action	§ § 158 to 177
	Third Section
		(dropped)	§ § 178 to 197
	Fourth Section
		Decision on the opening of the main proceedings	§ § 198 to 211
	Fifth Section
		Preparation of the main negotiation	§ § 212 to 255a
	Sixth Section
		Main negotiation	§ § 226 to 275
	Seventh Section
		Decision on the order of reservation or the subsequent order of safekeeping	Section 275a
	Eighth section
		Proceedings against absent	§ § 276 to 295
Third book
Legal remedies
	First section
		General provisions	§ § 296 to 303
	Second section
		Complaint	§ § 304 to 311a
	Third Section
		Appeal	§ § 312 to 332
	Fourth Section
		Revision	§ § 333 to 358
Fourth book
Resumption of a procedure which has been passed by a final judgment			§ § 359 to 373a
Fifth Book
Involvement of the injured in proceedings
	First section
		Private Sector	§ § 374 to 394
	Second section
		Side action	§ § 395 to 402
	Third Section
		Compensation for the injured	§ § 403 to 406c
	Fourth Section
		Other powers of the injured	§ § 406d to 406h
Sixth book
Special types of procedure
	First section
		Procedures for criminal orders	§ § 407 to 412
	Second section
		Security procedure	§ § 413 to 429
	Third Section
		Procedures for contraction and seizure of assets	§ § 430 to 443
	Fourth Section
		Procedure for the fixing of fines for legal persons and associations of persons	§ § 444 to 448
Seventh Book
Enforcement and costs of proceedings
	First section
		Enforcement	§ § 449 to 463d
	Second section
		Costs of the procedure	§ § 464 to 473a
Eighth book
Provision of information and access to files, other use of information for cross-process purposes, file regulations, cross-national public prosecutor's register			§ § 474 to 495
	First section
		Provision of information and access to files, other use of information for cross-process purposes	§ § 474 to 482
	Second section
		File rules	§ § 483 to 491
	Third Section
		Country-by-country public prosecutor	§ § 492 to 495

First book
General provisions

First section
Competence of the courts

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§ 1

The legal jurisdiction of the courts is determined by the law on the court constitution. Unofficial table of contents

§ 2

(1) Related criminal matters, which would individually belong to the jurisdiction of courts of different order, may be brought before the Court of First Instance, which is the subject of higher jurisdiction. Related criminal cases, some of which would belong to the jurisdiction of special criminal chambers in accordance with Section 74 (2) as well as § § 74a and 74c of the Law Constitutional Law, can be attached to the Trial Chamber, which according to § § § 74 (2) (2) For reasons of expediency, the separation of the related criminal cases may be ordered by decision of that court. Unofficial table of contents

§ 3

A connection exists when a person is accused of several criminal offences or if, in the case of an act, several persons are accused of being perpetrators, participants or beneficiaries, criminal offenses or hehlery. Unofficial table of contents

§ 4

(1) A connection of related or separate criminal cases may also be ordered after the opening of the main proceedings at the request of the public prosecutor's office or the defendant, or on its own account by judicial decision. (2) The court of higher order is responsible for the decision, if the other courts belong to its district. In the absence of such a court, the Community upper court shall decide. Unofficial table of contents

§ 5

For the duration of the connection, the criminal case, which belongs to the jurisdiction of the Court of Higher Order, shall be decisive for the proceedings. Unofficial table of contents

§ 6

The Court of First Instance has to examine its competence in all circumstances of the proceedings in its own right. Unofficial table of contents

§ 6a

The jurisdiction of special criminal chambers in accordance with the provisions of the Law Constitutional Law (Section 74 (2), § 74a, 74c of the Law Constitutional Law) shall be examined by the court until the main proceedings have been opened. After that, it may only observe its lack of competence on the objection of the accused. The defendant can claim the objection only until the beginning of his questioning on the case in the main hearing.

Second section
Place of jurisdiction

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§ 7

(1) The court of jurisdiction is based on the court in whose district the offence is committed. (2) If the offence is carried out by the content of a document published in the scope of this Federal Law, it shall be deemed to be the subject of the following paragraph: shall be the court in whose district the document has been published. However, in cases of insult, provided that the prosecution is carried out by private action, the court in whose district the document has been disseminated shall also be responsible if the person in question is domicated or resident in that district; or habitual residence. Unofficial table of contents

§ 8

(1) The court of jurisdiction is also established in the court in whose district the accused person is domicated at the time of the filing of the lawsuit. (2) If the accused person does not reside in the scope of this federal law, the Court of jurisdiction shall also be determined by the habitual residence and, if such is not known, by the last place of residence. Unofficial table of contents

§ 9

The court of jurisdiction shall also be established in the court in whose district the accused has been seized. Unofficial table of contents

§ 10

(1) If the offence is committed on a ship entitled to conduct the Federal flag outside the scope of this Act, the Court of First Instance shall be responsible, in the district of which the home port or port is situated within the scope of this (2) Paragraph 1 shall apply in accordance with aircraft which are entitled to hold the nationality mark of the Federal Republic of Germany. Unofficial table of contents

§ 10a

If a court of jurisdiction is not justified for a criminal offence committed outside the scope of this law in the area of the sea, Hamburg shall be the court of jurisdiction; the competent local court shall be the district court of Hamburg. Unofficial table of contents

§ 11

(1) Germans who enjoy the right of extraterritoriality, as well as the officials of the federal government or of a German country who are employed abroad, retain the domicialness of the place of residence they had domestily. If they do not have such a place of residence, the seat of the Federal Government shall be deemed to be their place of residence. (2) These provisions shall not apply to electoral consues. Unofficial table of contents

§ 11a

If a criminal offence is committed outside the scope of this law by soldiers of the Bundeswehr (Bundeswehr) in special foreign use (§ 62 (1) of the Soldatengesetz), the place of jurisdiction for the city of Kempten is competent court. Unofficial table of contents

§ 12

(1) In the case of a number of courts competent in accordance with the provisions of Articles 7 to 11a and 13a, the preferential treatment which the investigation has first opened shall be due. (2) However, the investigation and decision may be carried out by another of the competent courts by the Community upper court. Unofficial table of contents

§ 13

(1) For related criminal matters, which would be the responsibility of different courts individually in accordance with the provisions of § § 7 to 11, a court of jurisdiction shall be established in each court competent for one of the criminal matters. (2) Are several related criminal cases have been brought before various courts, all or part of them may be linked to one of them by an agreement of these courts, which is appropriate to the requests of the public prosecutor. In the event that such an agreement does not materiarise, it shall be decided, if the public prosecutor's office or an accused person bears on it, the Community upper court to determine whether and to which court the connection has to be established. (3) In the same The connection can be unconnected again. Unofficial table of contents

§ 13a

In the absence of a competent court in the scope of this federal law, or if the court is not determined, the Federal Court of Justice shall determine the competent court. Unofficial table of contents

§ 14

Where there is a dispute between several courts over jurisdiction, the Community upper court shall determine the court which has to undergo the investigation and decision. Unofficial table of contents

§ 15

If, in a single case, the court in question is legally or effectively prevented from performing the exercise of the judge's office, or if the trial before that court is a threat to public security, the at first the upper court to transfer the investigation and decision to the equivalent court of another district. Unofficial table of contents

§ 16

Pending the opening of the main proceedings, the Court of First Instance shall examine its local jurisdiction. After that, it may only express its lack of competence on the objection of the accused. The defendant can claim the objection only until the beginning of his questioning on the case in the main hearing. Unofficial table of contents

§ § 17 and 18 (omitted)

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§ 19

Where a number of courts, one of which is the competent authority, have pronounced their lack of competence by decisions which are no longer subject to appeal, the Community upper court shall designate the competent court. Unofficial table of contents

§ 20

The individual investigative actions of an uncompetent court are not already invalid because of this lack of competence. Unofficial table of contents

Section 21

An uncompetent court has to submit to the investigative acts to be carried out within its district where the risk is in default.

Third Section
Exclusion and rejection of court personnel

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Section 22

A judge is excluded from the exercise of the judge's power by law,

1.

if he himself is injured by the offence;

2.

if he is or has been the spouse, partner, guardian or guardian of the accused or the injured;

3.

if he or she is in a straight line with the accused person or with the injured person, is related in the sidelines to the third degree, or has been or has been, until the second degree, an ablawed or unrelated;

4.

if he has been acting as a civil servant of the public prosecutor's office, as a police officer, as an attorney for the injured person or as a defender;

5.

if he is heard on the matter as a witness or expert.

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Section 23

(1) A judge who participated in a decision under appeal by an appeal is excluded from participation in the decision in a higher legal suit by law. (2) A judge who has received a request for a decision in the case of a court of appeal. The resumption of the contested decision has contributed to the exclusion of participation in decisions taken in the retrial of the law. If the contested decision is in a higher legal order, the judge who has participated in the decision on which it is based in a lower legal proceedings shall also be excluded. Sentences 1 and 2 shall apply mutatily to the participation in decisions to prepare a retrial. Unofficial table of contents

§ 24

(1) A judge may be refused, both in cases where he is excluded from the exercise of the judge's power of law, and because of concern of partiality. (2) Due to concern of partiality, the refusal shall take place if: (3) The right of rejection shall be the subject of the public prosecutor's office, the private prosecutor and the accused person. The persons entitled to refuse shall, at their request, be able to repudiate the legal persons who are appointed to participate in the decision. Unofficial table of contents

Section 25

(1) The refusal of a recognizable judge for concern about the partiality is up to the beginning of the questioning of the first defendant about his personal circumstances, in the main hearing on the appeal or the revision until the beginning of the Rapporteur's proposal, admissible. All grounds for refusal shall be submitted at the same time. (2) After that date, a judge shall be refused only if:

1.

the circumstances on which the refusal was based did not take place until later or became known to the person entitled to refuse it until later, and

2.

the rejection shall be invoked without delay.

After the last word of the defendant, the rejection is no longer admissible.

Footnote

(+ + + § 25: For the application to main negotiations, which began before 1 April 1987, see Section 25 (1), first sentence, in the version in force until 31 March 1987 (Article 12 (2) of the Criminal Procedure Change Act 1987 of 27 January 1987-BGBl. I p. 475) + + +) Unofficial table of contents

Section 26

(1) The request for rejection shall be affixed to the court to which the judge is a member; it may be declared in the minutes before the office of business. § 257a does not apply. (2) The reason for refusal and in the cases of § 25 (2) the conditions for the timely introduction shall be made credible. The oath shall be excluded as a means of the credibility. The testimony of the rejected judge can be referred to the credibility of the credibility. (3) The rejected judge has to express his or her opinion on the grounds of refusal. Unofficial table of contents

Section 26a

(1) The court disclaims the refusal of a judge to be inadmissible if:

1.

the rejection is late,

2.

a reason of refusal or a means of credibility is not specified; or

3.

by the rejection obviously the procedure should only be carried out or pursued for purposes other than those of a non-procedural person.

(2) The court shall decide on the resettlement referred to in paragraph 1, without the rejected judge leaving the court. In the case referred to in paragraph 1 (3), a unanimous decision shall be required and the circumstances in which the reason for the reprehension should be given shall be specified. If an envoy or a judge is refused, a judge is rejected in the preparatory proceedings or a criminal judge, he or she shall decide for himself whether the rejection shall be deemed to be inadmissible. Unofficial table of contents

§ 27

(1) If the objection is not rejected as inadmissible, the court of rejection shall decide on the request for rejection without its participation. (2) If a judicial member of the discerning penalty chamber is rejected, the court shall decide (3) If a judge is rejected by the District Court, another judge of that court shall decide. A decision does not need to be taken if the rejected request deems the request for rejection to be justified. (4) If the court appointed to the decision is unable to take a decision by leaving the rejected member, the first court shall decide. Unofficial table of contents

§ 28

(1) The decision declaring the refusal to be justified shall not be countervailable. (2) An immediate appeal is admissible against the decision, which rejects the rejection as inadmissible or dismissed as unfounded. Where the decision relates to a recognised judge, it may only be challenged in conjunction with the judgment. Unofficial table of contents

§ 29

(1) A rejected judge shall only carry out acts which do not permit a postponing before the request for rejection is made. (2) If a judge is rejected during the main hearing, and if the decision to reject it would be rejected (§ § 26a, 27) if the main negotiation is interrupted, it may continue until a decision on the refusal is possible without delay of the main negotiation; the rejection shall be taken no later than the beginning of the next year. to decide on the days of the negotiations and always before the beginning of the final proposals. If the objection is declared to be well founded and the main trial is not to be suspended, it shall be repeated after the application of the request for rejection shall be repeated; this shall not apply to such acts which do not give rise to a postponing . After the application of the request for rejection, decisions which may also be taken outside the main proceedings may be taken with the assistance of the request for rejection only if they do not permit a postponing. Unofficial table of contents

§ 30

The court responsible for the execution of a request for rejection shall also have to decide if such a request is not appropriate, but a judge shall indicate a relationship which could justify his refusal, or if: another reason doubts arise as to whether a judge is excluded by law. Unofficial table of contents

Section 31

(1) The provisions of this Section shall apply to the Schöffen, as well as to documents of the Office of the Office and other persons assigned to it as the Protocol Guide. (2) The decision shall be taken by the Chairman. In the case of the large Trial Chamber and in the Court of Appeal, the judicial members decide. If the protocol guide is given to a judge, the judge shall decide whether to reject or to exclusion. Unofficial table of contents

Section 32

(dropped)

Fourth Section
Judicial decisions and communication between the parties involved

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§ 33

(1) A decision of the Court of First Instance acting in the course of a main hearing shall be adopted after consultation of the parties concerned. (2) A decision of the General Court, which shall take place outside a main hearing, shall be made in accordance with written or oral statement (3) In the case of a decision referred to in paragraph 2, another party to the public prosecutor's office shall be heard before the performance of any facts or evidence of evidence to which he has not yet been heard shall be used. (4) Arrangement of pre-trial detention, seizure or other measures is paragraph 3 not to be applied if the prior hearing would endanger the purpose of the arrangement. Rules governing the consultation of the parties concerned shall not be affected by paragraph 3. Unofficial table of contents

§ 33a

If, in a decision, the Court of First Instance violates the right of a party to be heard in a decision-making manner and does not oppose the decision, it shall not appeal or remedy any other appeal, unless the party concerned has the right to , by decision of its own motion or on request, the proceedings shall be returned by a decision to the situation prior to the adoption of the decision. § 47 shall apply accordingly. Unofficial table of contents

Section 34

The decisions to be made by means of an appeal and those by which an application is rejected shall be accompanied by reasons. Unofficial table of contents

§ 34a

If, after an appeal has been brought in due time, a decision directly leads to the legal force of the contested decision, the legal force shall be deemed to have occurred at the end of the day of the decision-making process. Unofficial table of contents

§ 35

(1) Decisions taken in the presence of the person concerned shall be made known to the person concerned by the announcement. Upon request, a copy shall be issued to it. (2) Other decisions shall be made known by service. If no time limit is set in the course of the notice of the decision, no formless communication is sufficient. (3) The document, which is not located at the free foot, shall be read out on request. Unofficial table of contents

§ 35a

In the publication of a decision which may be appealed by a temporary appeal, the person concerned shall be informed of the possibilities of dispute and of the time limits and forms prescribed for that purpose. If an appeal is admissible against a judgment, the defendant shall also be lecturing on the legal consequences of § 40 (3) and § § 329, 330. If a judgment is preceded by an agreement (§ 257c), the person concerned must also be lecturing that in any case he is free in his decision to appeal an appeal. Unofficial table of contents

§ 36

(1) Delivery of decisions shall be assigned by the Chairman. The office shall ensure that delivery is effected. (2) Decisions which require enforcement shall be handed over to the Public Prosecutor's Office which shall take the necessary action. This shall not apply to decisions relating to the order in the meetings. Unofficial table of contents

Section 37

(1) The provisions of the Code of Civil Procedure shall apply in accordance with the provisions of the Code of Civil Procedure. (2) If the service intended for a party is brought to a number of beneficiaries, the calculation of a period after the last date shall be determined. (3) If a translation of the judgment is to be made available to a process participant in accordance with Section 187 (1) and (2) of the Law Constitutional Law, the verdict shall be delivered together with the translation. In such cases, the service to the other parties involved in the process shall be carried out simultaneously with the delivery in accordance with the first sentence. Unofficial table of contents

§ 38

The persons involved in the criminal proceedings, who have the power to invite witnesses and experts directly, have to commission the court enforcator with the delivery of the summons. Unofficial table of contents

§ 39

(dropped) Unofficial table of contents

§ 40

(1) If a service to an accused person who has not yet served a summons to the main hearing cannot be effected in the prescribed manner domestiy, it appears that the compliance with the provisions applicable to deliveries abroad shall be deemed to be In the event of an inexhaustible or unfailing provision, public service shall be permitted. Delivery shall be deemed to have occurred if two weeks have passed since the notice of notice. (2) If the summons to the main hearing were delivered to the defendant before, the public service shall be allowed to him if it is not in (3) The public service is already admissible in the proceedings of an appeal lodged by the accused, if service is not possible under one address, under the last time or which the defendant last specified. Unofficial table of contents

Section 41

Deliveries to the Public Prosecutor's Office shall be made by means of the original copy of the document to be added. If the delivery of the course of a period begins, the date of the presentation shall be noted by the public prosecutor's office on the original. Unofficial table of contents

§ 41a

(1) Declarations, requests or their reasons addressed to the General Court or the Public Prosecutor's Office which are expressly to be written or signed in writing pursuant to this Act may be submitted as an electronic document if: this is provided with a qualified electronic signature in accordance with the signature law and is suitable for processing by the court or the public prosecutor's office. The legal regulation referred to in paragraph 2 may, in addition to the qualified electronic signature, also permit a different safe procedure, which ensures the authenticity and integrity of the electronic document transmitted. An electronic document has been received as soon as the institution of the court or the public prosecutor's office designated for the reception has recorded it. If a transmitted electronic document is not suitable for processing, the sender must be notified without delay, stating the current technical framework conditions. (2) The Federal Government and the State Governments determine in their area by means of a legal regulation the date from which electronic documents shall be sent to the courts and to the courts and the courts. public prosecutors, as well as the form appropriate for the processing of documents. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. The approval of the electronic form may be restricted to individual courts or public prosecutors or proceedings.

Fifth Section
Deadlines and reinstatation in the previous stand

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§ 42

In the calculation of a period determined by days, the date on which the date or the event shall fall shall not be counted, according to which the beginning of the period shall be determined. Unofficial table of contents

Section 43

(1) A time limit which is determined by weeks or months shall end on the expiry of the day of the last week or of the last month corresponding to the date on which the period commenced; the date on which the period has commenced shall be missing in the last month; the period shall end with the expiry of the last day of this month. (2) If the end of a period falls on a Sunday, a general holiday or a Saturday, the period shall end at the end of the next working day. Unofficial table of contents

Section 44

If a person was unable to comply with a period of time without fault, he shall be granted reinstatation at the previous level upon request. The failure of a period of appeal shall be deemed to be without fault if the instruction is not subject to the provisions of § 35a sentence 1 and 2, § 319 para. 2 sentence 3 or § 346 para. 2 sentence 3. Unofficial table of contents

§ 45

(1) The request for re-establishment of rights to the previous stand shall be filed within one week of the removal of the obstacle at the court in which the time limit would have been exercised. In order to meet the deadline, it is sufficient if the application is made in good time to the court which decides on the application. (2) The facts justifying the application are to be made credible in the application or in the proceedings on the application. Within the application deadline, the missed action is to be taken up. If this is done, reinstatation can also be granted without a request. Unofficial table of contents

Section 46

(1) The court decides on the application which, in the case of a timely act, would have been called in the case itself. (2) The decision to grant the application is not subject to any dispute. (3) Against the application of the application Decision is admissible immediately. Unofficial table of contents

§ 47

(1) The application for re-establishment of rights in the previous stand does not impart the execution of a court decision. (2) The court may, however, order a postponing of the enforcement. (3) The reinstatation of the sentence shall be interrupted by the Legal force of a court decision, arrest and placement warrants as well as other orders that existed at the time of the entry of the legal force will be effective again. In the case of a detention order or a placement command, the court granting the reinstatment orders the annulment thereof if it is readily apparent that the conditions of the latter are no longer fulfilled. Otherwise, the court competent pursuant to Section 126 (2) shall immediately carry out an arrest examination.

Sixth Section
Witnesses

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§ 48

(1) Witnesses shall be obliged to appear before the judge at the date specified for their hearing. You have the obligation to testify if there is no exception in the law. (2) The summons of the witnesses shall be carried out with reference to procedural provisions which serve the interest of the witness, to existing possibilities of the witnesses. Witness care and the legal consequences of being left out. Unofficial table of contents

§ 49

The President of the Federal Republic of Germany is to be heard in his apartment. He will not be charged for the main negotiation. The protocol on his judicial testimonies is to be read in the main trial. Unofficial table of contents

§ 50

(1) The members of the Bundestag, the Federal Council, a Landtag or a second chamber shall be heard there during their stay at the seat of the Assembly. (2) The members of the Federal Government or of a state government shall be present at their (3) A derogation from the above requirements shall be subject to any derogation from the above rules.
for the members of a body referred to in paragraph 1, the approval of that institution,
for the members of the Federal Government of the Federal Government,
(4) The members of the bodies referred to in paragraph 1 of the legislation and the members of the federal government or of a state government shall be members of the national government if they are not members of the The main hearing has not been summoned. The protocol on their judicial testimonial is to be read in the main trial. Unofficial table of contents

Section 51

(1) A duly loaded witness who does not appear shall be subject to the costs incurred as a result of the failure to do so. At the same time, an administrative fee is fixed against him and, in the event that the latter cannot be recovered, it is laid down in a proper manner. The forcible performance of the witness is also admissible; § 135 shall apply accordingly. In the event of repeated leftists, the order may be fixed once more. (2) The imposition of the costs and the setting of an order of order shall not be imposed if the failure of the witness is sufficiently apologised in good time. If the apology of the first sentence is not made in good time, the imposition of the costs and the setting of an order of order shall only be made if it is credibly made that the witness is not responsible for the delay of the apology. meets. If the witness is subsequently sufficiently apologised, the measures taken shall be repealed under the conditions set out in sentence 2. (3) The power to these measures shall also be conferred on the judge in the preliminary proceedings and in the person responsible for the envoy and the requested Judge. Unofficial table of contents

Section 52

(1) The certificate is entitled to refuse the certificate

1.

the fiancée of the accused person or the person with which the accused person made a promise to establish a life partnership;

2.

the spouse of the accused, even if the marriage no longer exists;

2a.

the life partner of the accused, even if the life partnership no longer exists;

3.

who is related to the accused in a straight line or to be conquered, in the sidelines to the third degree related or until the second degree is or was to be consigned.

(2) If minors have a lack of maturity, or have a minor or have been subject to a mental illness or a mental or mental disability, do not have sufficient evidence of the importance of the right to refuse to give evidence of the right to refuse to give evidence. They may only be heard if they are prepared to testify, and if their legal representative also agrees to the testimony. If the legal representative is himself a accused person, he cannot decide on the exercise of the right to refuse the certificate; the same shall apply to the non-accused parent if the legal representation alludes to both parents. (3) The Refusal of the testimony, in the cases referred to in paragraph 2, also of their representatives authorized to take a decision on the exercise of the right of denial of testimony, shall be lecturing on their right before each hearing. You may revoke the waiver of this right also during the hearing. Unofficial table of contents

Section 53

(1) The certificate shall also be subject to the refusal of the certificate.

1.

Clergy of what has been entrusted to them in their capacity as chaplain, or has become known;

2.

Defender of the accused of what has been entrusted to them or has become known in this capacity;

3.

Lawyers, patent attorneys, notaries, accountants, sworn accountants, tax advisers and tax agents, doctors, dentists, psychological psychotherapists, children's and adolescents ' psychotherapists, pharmacists and midwives about what is have been entrusted to them in this capacity or have become aware of them, lawyers shall be the same as other members of a Bar;

3a.

Members or representatives of a recognised advisory body in accordance with § § 3 and 8 of the Maternity Conflict Act concerning what has been entrusted to them in this property or has become known;

3b.

Adviser on questions of drug addiction in an advisory body recognised or established by an authority or body, institution or foundation under public law, by means of what is known to them in this capacity has been or has become known;

4.

Members of the German Bundestag, the Federal Assembly, the European Parliament from the Federal Republic of Germany or a Landtag on persons who, in their capacity as members of these institutions or those of them, in this property facts, as well as on these facts themselves;

5.

Persons who, in the preparation, production or distribution of printing works, radio broadcasts, film reports or information and communication services, have a professional role or participated in the preparation, production or dissemination of information and communication services.

The persons referred to in the first sentence of sentence 1 may refuse the certificate of the person of the author or consignor of contributions and documents or of any other informant and of the communications made to them in respect of their activities, the content of the materials and the content of the materials themselves, and the subject-matter of perceptions of a profession. This shall only apply in so far as the articles, documents, communications and materials for the editorial part or editorially prepared information and communication services are concerned. (2) The following may be mentioned in the first sentence of paragraph 1 (2) to (3b) Do not refuse a certificate if they are released from the obligation to secrecy. The right to refuse to give evidence of the materials referred to in the first sentence of paragraph 1 above on the content of the material itself and the subject-matter of such perceptions shall not apply if the statement is intended to contribute to the clarification of a crime or subject to investigation

1.

a criminal offence of the betrayal of peace and the endangering of the democratic rule of law or the treason of the country and the danger to external security (§ § 80a, 85, 87, 88, 95, also in conjunction with § 97b, § § 97a, 98 to 100a of the Criminal Code),

2.

a criminal offence against sexual self-determination in accordance with § § 174 to 176, 179 of the Criminal Code or

3.

a money laundering, a concealment of unlawfully acquired assets in accordance with Section 261 (1) to (4) of the Criminal Code

and the investigation of the facts or the determination of the residence of the accused in another way would be hopelessly or significantly more difficult. However, the witness may also refuse to testify in such cases, insofar as they are intended to disclose the person of the author or the consignor of the contributions and documents or of the other informant or of the other informant or of the other informant as referred to in paragraph 1. 1 sentence 1, No 5, or the contents thereof.

Footnote

According to § 218b para. 2 no. 1 of the German StGB (German StGB), the recognised advisory bodies are equal to the recognised advisory bodies in accordance with § 3 of the G on Enlightenment, Prevention, Family Planning and Advice. BVerfGE v. 4.8.1992 I 1585-2 BvQ 16/92 u. a. -; Unofficial table of contents

§ 53a

(1) The persons referred to in Article 53 (1), first sentence, No. 1 to 4, shall be the same as those who participate in the professional activity in preparation for the occupation. In the exercise of the right of such assistants to refuse the certificate, the persons referred to in § 53 (1), first sentence, no. 1 to 4 shall decide unless this decision cannot be brought about in the foreseeable future. (2) The disconnection of the Obligation to secrecy (§ 53 para. 2 sentence 1) applies also to the auxiliary persons. Unofficial table of contents

§ 54

(1) For the hearing of judges, civil servants and other persons in the civil service as witnesses on the circumstances to which their duty of secrecy relates, and for the approval of the statement, the special civil service law shall apply. Regulations. (2) For the members of the Bundestag, of a Land parliament, of the federal or state government as well as for the employees of a faction of the Bundestag and of a Landtag, the special provisions governing them shall apply. (3) The The Federal President may refuse the certificate if the certificate is laid down to the (4) These provisions also apply if the aforementioned persons are no longer in the public service or employee of a political group or their mandates are terminated, as far as they are concerned. facts which have occurred during their service, employment or term of office or which have become known to them during their service, employment or term of office. Unofficial table of contents

§ 55

(1) Any witness may refuse to provide information on such questions, the answers of which would be liable to him or any of the relatives referred to in § 52 (1) to be persecuted for a criminal offence or an offence. (2) The Witness is to be lecturing about his right to refuse to provide information. Unofficial table of contents

§ 56

The fact to which the witness supports the denial of the testimony in the cases of § § 52, 53 and 55 is to be made credible on request. It is sufficient for the witness to be eitherly insured. Unofficial table of contents

Section 57

Before the hearing, the witnesses are admonished to the truth and are taught about the criminal-law consequences of an incorrect or incomplete statement. They are referred to the possibility of an insult. In the case of the insult, they are aware of the importance of the oath and of the fact that the oath can be carried out with or without religious begging. Unofficial table of contents

Section 58

(1) The witnesses shall be heard individually and in the absence of the witnesses to be heard later. (2) A juxtaposition with other witnesses or with the accused in the preliminary proceedings shall be admissible if it appears to be necessary for the further procedure. Unofficial table of contents

Section 58a

(1) The questioning of a witness can be recorded on image-sound carriers. It shall be recorded after the assessment of the relevant circumstances and shall be carried out as a judicial hearing if:

1.

in order to ensure better respect for the legitimate interests of persons under 18 years of age and of persons who have been injured as children or young persons by one of the offences referred to in Article 255a (2), or

2.

is to be concerned that the witness cannot be heard in the main hearing and that the record is necessary for the exploration of the truth.

(2) The use of the image-sound recording is only permissible for the purpose of prosecution and only in so far as this is necessary for the investigation of the truth. Section 101 (8) shall apply accordingly. § § 147, 406e are to be applied accordingly, with the proviso that the copies of the recording which are entitled to inspect the files can be left to the recording. The copies may not be copied or passed on. They shall be issued to the Public Prosecutor's Office as soon as there is no legitimate interest in the further use. The surrender of the record or the publication of copies to others other than those specified shall require the consent of the witness. (3) The witness of the release of a copy of the record of his testimony referred to in the third sentence of paragraph 2, shall be subject to his/her consent. thus, the transfer of a transfer of the recording into a written protocol to the persons entitled to access the file shall be replaced by the transfer of the record in accordance with the provisions of § § 147, 406e. Anyone who has made the transfer will have to sign their own signature with the addition that the correctness of the transfer is confirmed. The right to visit the recording in accordance with § § 147, 406e remains unaffected. The witness shall be informed of his right of objection as set out in the first sentence. Unofficial table of contents

§ 58b

The hearing of a witness outside the main hearing may be carried out in such a way that he or she is in a place other than the person receiving the hearing, and that the testimony, simultaneously in image and sound, shall be the place where the witness is present, and is transferred to the interrogatory room. Unofficial table of contents

§ 59

(1) Witnesses shall only be sworn in if the court considers it necessary for the decisive importance of the statement or for the performance of a true statement in its discretion. The reason why the witness is being sworn in does not need to be stated in the minutes unless the witness is heard outside the main hearing. (2) The testimony of the witnesses is carried out individually and after their hearing. Unless otherwise specified, it shall be held in the main hearing. Unofficial table of contents

§ 60

The insult is to be seen

1.

in the case of persons who at the time of questioning the 18. Have not yet completed a year of age or who have no satisfactory performance due to lack of maturity or mental illness or mental or mental disability of the nature and importance of the oath;

2.

in the case of persons who constitute the object of the investigation, or who are suspected or have already been convicted of participation in, or in favour of, or in favour of, criminal proceedings or deferment of the offence.

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Section 61

The members of the accused, referred to in § 52 (1), shall have the right to refuse to pay the certificate; they shall be lecturing on that. Unofficial table of contents

Section 62

In the preparatory proceedings, the insult shall be admissible if:

1.

the risk of default, or

2.

the witness is likely to be prevented from appearing in the main hearing

and the conditions set out in § 59 (1). Unofficial table of contents

§ 63

If a witness is heard by a commissioned or requested judge, the insult shall, if admissible, be carried out if required on the order or in the request of the court. Unofficial table of contents

Section 64

(1) The oath of religious prayer shall be carried out in such a way that the judge shall address the words to the witness:

"They swear by God to the Almighty and the All-knowing that, to the best of our knowledge, you have said the pure truth and have not concealed nothing."

and the testimony speaks to the words:

"I swear it, so help me God".

(2) The oath without religious prayer shall be carried out in such a way that the judge shall address the words to the witness:

"They swear that, to the best of their knowledge, you said the pure truth and did not conceal anything."

and the testimony speaks to the words:

"I swear it."

(3) If a witness indicates that he, as a member of a community of religion or confession, wants to use a formula of betting of this community, he can attach it to the oath. (4) The Swabians shall raise the right hand in the performance of the oath. Unofficial table of contents

Section 65

(1) If a witness indicates that he does not want to make an oath for reasons of faith or conscience, he has to reaffirm the truth of the statement. The affirmation is equal to the oath, and the witness is to be pointed out. (2) The truth of the statement is confirmed in such a way that the judge addresses the words to the witness:

"You affirm in the awareness of your responsibility in court that you have said the pure truth to the best of your knowledge and that you have not concealed nothing"

and the witness speaks to it:

"Yes".

(3) § 64 (3) applies accordingly. Unofficial table of contents

Section 66

(1) An auditor or speech-impaired person shall make the oath after her election by means of the following of the oath formula, by writing down and signing the oath formula or by means of a person enabling the agreement to be reached by the court of law is to be added. The Court shall provide the appropriate technical aids. The hearing-or speech-disabled person must be informed of their right to vote. (2) The court may require written oath performance or order the use of a person enabling the communication to be notified if the hearing or speech-impaired person § § 64 and 65 apply accordingly. (3) § § 64 and 65 shall apply mutah. to the following: Unofficial table of contents

Section 67

If the witness, after having been heard, is heard again in the same preliminary proceedings or in the same main proceedings, the judge may, instead of repudiating the witness, be able to testify to the accuracy of his testimony on the basis of the previously paid oath. Unofficial table of contents

Section 68

(1) The testimony begins with the fact that the witness is questioned about first names, surnames, birth names, age, occupation and place of residence. A witness who has made perceptions in official capacity can indicate the place of employment instead of the place of residence. (2) In addition, a witness is to be allowed, instead of the place of residence, his place of business or place of service or another address capable of being charged. where there is a reasonable cause for concern that the person's place of residence is at risk of being put at risk by the witness or by another person, or that witnesses or any other person will be deemed to have an unfair effect on the person's place of residence. In the main trial, the Chairman shall allow the witness, in the presence of the conditions set out in sentence 1, not to indicate his place of residence. (3) There is a reasonable cause for concern that the revelation of the identity or of the living-place or where the witness's life, body or liberty of the witness or of another person is threatened, he may be allowed to provide information on the person not or only on an earlier identity. However, in the main hearing, he shall indicate in which property the facts which he has indicated have become known to him. (4) In order to provide evidence that the conditions set out in paragraphs 2 or 3 are met, the witness shall be referred to: to draw attention to the powers provided there. In the case referred to in paragraph 2, the witness shall be assisted in the designation of a charge-bearing address. The documents which guarantee the determination of the place of residence or the identity of the witness shall be kept by the public prosecutor's office. They shall not be taken until such time as there is no concern for the risks. (5) Paragraphs 2 to 4 shall also apply after the conclusion of the witness testimony. To the extent that the witness has been authorised not to disclose data, it shall be ensured, in the case of information and inspection in files, that such data shall not be disclosed to other persons, unless there is a risk within the meaning of paragraphs 2 and 3. is excluded. Unofficial table of contents

§ 68a

(1) Questions relating to facts which may be made to the witness or to a person who is a member of his or her family within the meaning of Section 52 (1) or whose personal life is concerned shall only be asked if it is indispensable. (2) Questions in circumstances relating to the credibility of the witness in the present case, in particular in respect of his relations with the accused person or the injured person, shall be required to the extent that this is necessary. The witness should only be asked if it is necessary to determine whether the conditions of Section 60 (2) are fulfilled, or to assess its credibility. Unofficial table of contents

§ 68b

(1) Witnesses may be served by a councor of a lawyer. The presence of a councor for the hearing of the witness is permitted. It may be excluded from the hearing if certain facts justify the assumption that its presence would not only insignificantly affect the orderly lifting of the evidence. This will normally be the case if, on the basis of certain facts, it is to be assumed that:

1.

the assistance is involved in the act to be investigated or in a beneficiary, penalty or hehlery related to it;

2.

the testimonation of the witness is influenced by the fact that the assistance is not only committed to the interests of the witness, or

3.

the assistance shall use the findings obtained from the hearing for darkening acts within the meaning of Section 112, paragraph 2, point 3, or continue in a manner which is dangerous for the purpose of investigation.

(2) A witness who has no legal assistance in his hearing and whose interests worthy of protection cannot be taken into account in any other way shall, for the duration of the hearing, be attached to such a witness if there are special circumstances, from: which shows that the witness cannot carry out his or her own powers in his own testimony. Section 142 (1) shall apply accordingly. (3) Decisions referred to in the third sentence of paragraph 1 and the first sentence of paragraph 2 shall be indisputable. Their reasons are to be informed, insofar as this does not endanger the purpose of the investigation. Unofficial table of contents

Section 69

(1) The witness shall be required to indicate in relation to him what he is aware of the subject matter of his testimony. Before his testimony, the object of the investigation and the person of the accused, if any, is to be described to the witness. (2) For the purpose of enlightenment and for the completion of the statement and for the exploration of the reason on which the person concerned is present. Knowledge of the witness is based, if necessary, further questions should be asked. Witnesses who are injured by the offence shall in particular be given the opportunity to express their views on the effects which the deed had on them. (3) The provision of § 136a shall apply accordingly to the testimony of the witness. Unofficial table of contents

Section 70

(1) If the certificate or the oath of oath is refused for no legal reason, the witness shall be charged with the costs incurred as a result of the refusal. At the same time, a law of order shall be fixed against him and, in the event that the latter cannot be recovered, he shall be held in order. (2) The detention may also be ordered for the purpose of enforceable of the certificate, but not over the period of termination of the (3) The power to these measures shall also be conferred on the Judge in the preliminary proceedings and the judge appointed and requested. (4) If the measures are exhausted, they shall be entitled to: the same or in another procedure which has the same action, not repeated . Unofficial table of contents

Section 71

The witness will be compensated in accordance with the Justice Compensation and Compensation Act.

Seventh Section
Expert and eye view

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Section 72

The sixth section on witnesses shall be applied to experts in accordance with provisions other than those in the following paragraphs. Unofficial table of contents

Section 73

(1) The selection of the experts to be assigned and the determination of their number shall be carried out by the judge. He is to meet with him an agreement, within which period the expert opinions can be reimbursed. (2) For certain types of expert opinion experts are appointed to the public, so other persons should be elected only if special Circumstances call for it. Unofficial table of contents

Section 74

(1) An expert may be refused for the same reasons justifiable for the refusal of a judge. However, a reason for refusal cannot be deduced from the fact that the expert has been heard as a witness. (2) The right of rejection is due to the public prosecutor's office, the private prosecutor and the accused person. The appointed experts shall be made reputable to the persons entitled to refuse if there are no special circumstances. (3) The reason for refusal shall be credible; the oath shall be excluded as a means of the credibility. Unofficial table of contents

§ 75

(1) The person appointed to the expert shall comply with the appointment if he is publicly appointed for the reimbursement of the opinions of the type required, or if he is aware of the science, the art or the profession, the knowledge of which is required by the (2) In order to obtain a refund of the opinion, the person who has declared himself prepared to do so shall also be obliged to do so. (2) The court shall also be responsible for the purpose of the examination. Unofficial table of contents

Section 76

(1) The same reasons that entitle a witness to refuse the certificate shall entitle an expert to refuse the opinion. For other reasons, an expert may also be exempted from the obligation to repay the opinion. (2) Special experts shall be responsible for the hearing of judges, officials and other public servants. civil servants ' legislation. The members of the federal government or of a federal state government shall be subject to the special provisions applicable to them. Unofficial table of contents

Section 77

(1) In the event of non-appearance or refusal of an expert who is obliged to repay the expert opinion, it shall be imposed on the latter to replace the costs incurred. At the same time, a monetary order is fixed against him. In the event of repeated disobedience, in addition to the imposition of the costs, the order fee can be fixed once more. (2) An expert who is obligated to repay the expert opinion, according to § 73 (1) sentence 2, refuses a reasonable period of time , or if he fails to meet the agreed time limit, a monetary order may be fixed against him. The fixing of the order of order must be preceded by a threat setting a grace period. In the event of a repeated failure of time, the order fee may be fixed once more. Unofficial table of contents

Section 78

The judge shall, in so far as he may be required to do so, conduct the activities of the experts. Unofficial table of contents

§ 79

(1) The expert may be sworn in at the discretion of the court. (2) The oath shall be made after the expert's opinion has been reimbursed; it shall mean that the expert shall reimburse the opinion impartially and to the best of its knowledge and conscience. (3) If the expert is in general sworn in for the reimbursement of the opinion of the species concerned, the appeal shall be sufficient for the oath to be paid. Unofficial table of contents

§ 80

(1) Further information may be provided to the expert at his request for the preparation of the opinion by the hearing of witnesses or the accused. (2) For the same purpose, he may be allowed to inspect the files which: To attend the hearing of witnesses or the accused, and to ask them directly questions. Unofficial table of contents

§ 80a

If it is to be expected that the defendant will be placed in a psychiatric hospital, an institution or a detention facility, an expert will be given the opportunity to take part in the preliminary proceedings. Preparation of the opinion to be refunded in the main negotiation. Unofficial table of contents

§ 81

(1) In order to prepare an expert opinion on the psychological condition of the accused, the court may order, after hearing an expert and the defender, that the accused be taken to a public psychiatric hospital and (2) The Court of First Instance shall only apply the order referred to in paragraph 1 if the accused is in urgent need of suspicion. The court may not make this order if it is disproportionate to the meaning of the matter and the penalty or measure of improvement and security to be expected. (3) In the preparatory proceedings, the court decides which is to be (4) An immediate appeal against the decision is admissible. It shall have suspensive effect. (5) The accommodation in a psychiatric hospital referred to in paragraph 1 shall not exceed a total duration of six weeks. Unofficial table of contents

§ 81a

(1) A physical examination of the accused may be ordered for the purpose of determining facts which are of importance to the procedure. To this end, the withdrawal of blood samples and other physical interventions carried out by a doctor in accordance with the rules of medical art for examination purposes shall be permitted without the consent of the accused, if there is no drawback to his or her own (2) The order is to the judge, in the event of a threat to the success of the investigation by delay also to the public prosecutor's office and its investigators (§ 152 of the Law of the Judith). (3) The accused person blood samples taken or other body cells may only be used for the purpose of the removal of the underlying or other pending criminal proceedings; they shall be immediately destroyed as soon as they are no longer necessary. Unofficial table of contents

Section 81b

In so far as it is necessary for the purpose of conducting the criminal proceedings or for the purposes of the recognition service, photographs and fingerprints of the accused may also be taken up against his will, and measurements and similar measures may be taken against the accused. to be made to it. Unofficial table of contents

§ 81c

(1) Persons other than accused may, if they are considered as witnesses, be examined without their consent only, to the extent that, in order to investigate the truth, it is necessary to establish whether a particular trace or consequence of a particular trace of the body of a human being is to be found in the body of the human body. (2) In the case of persons other than accused, investigations into the detection of the descent and the taking of blood samples without the consent of the person to be examined are admissible if there is no reason to fear for his or her health and the measure for the exploration of the truth is indispensable. The examinations and the taking of blood samples may only be carried out by a doctor. (3) Investigations or withdrawal of blood samples may be refused for the same reasons as the certificate. If minors have a lack of maturity or have a minor or have a mental illness or a mental or mental disability from the importance of their right of refusal, they do not have an adequate vision, the legal representative decides; § 52 (2) sentence 2 and (3) shall apply accordingly. If the legal representative is excluded from the decision (§ 52 para. 2 sentence 2) or is prevented from taking a timely decision for other reasons and appears the immediate examination or removal of blood samples for evidence protection , these measures shall be admissible only in the case of a special order of the General Court and, if it is not attainable in good time, the Public Prosecutor's Office. The decision to be taken by the measures shall be indisputable. The evidence collected in accordance with the third sentence may be used in the further proceedings only with the consent of the legal representative authorized to do so. (4) Measures under paragraphs 1 and 2 shall be inadmissible if they are to be paid to the person concerned in the event of an assessment of all (5) The order is pending before the Court of First Instance, in the event of a threat to the success of the investigation by delay also to the Public Prosecutor's Office and to its investigators (Section 152 of the JudiConstitutional Law); paragraph 3, sentence 3 remains unaffected. § 81a (3) applies accordingly. (6) In the event of a refusal of the person concerned, the provision of § 70 shall apply accordingly. Direct coercion may only be applied to the special order of the judge. The arrangement requires the person concerned to remain in the course of refusal, despite the setting of an order of order, or that the person concerned is in danger of being injured. Unofficial table of contents

§ 81d

(1) If the physical examination may infringe the feeling of shame, it shall be carried out by a person of the same sex or by a doctor or by a doctor. In the case of a legitimate interest, the wish to transfer the examination of a person or a doctor of certain sex shall be met. At the request of the person concerned, a person of confidence shall be admitted. The person concerned shall be informed of the provisions of sentences 2 and 3. (2) This provision shall also apply if the data subject agrees to the investigation. Unofficial table of contents

§ 81e

(1) molecular-genetic tests may also be carried out on the material obtained by means of the measures referred to in Article 81a (1), in so far as they are used to determine the origin or the fact that found trace material has been found by the accused or the person who has been injured is required; the sex of the person may also be determined. Investigations in accordance with the first sentence are also admissible for corresponding findings on the material obtained by means of measures according to § 81c. Findings relating to facts other than those referred to in the first sentence may not be made; investigations shall be inadmissible. (2) Investigations admissible pursuant to paragraph 1 may also be applied to found, secure or seized Trace material is to be carried out. The third sentence of paragraph 1 and section 81a (3) of the first half-sentence shall apply accordingly. Unofficial table of contents

§ 81f

(1) Investigations pursuant to § 81e paragraph 1 may only be carried out by the court without the written consent of the data subject, in the event of danger in default also by the public prosecutor's office and its investigators (Section 152 of the Law Constitutional Law). shall be arranged. The consented person shall be informed of the purpose for which the data to be collected shall be used. (2) The investigation pursuant to § 81e shall be carried out in the written order by experts appointed publicly or in accordance with the procedure referred to in The Act of Commitment is a duty or an official who does not belong to the issuing authority or is a member of an organisational unit of that authority, which is separate from the point of view of the mission to which it is responsible, in organisational and factual terms. Through technical and organisational measures, they must ensure that inadmissible molecular genetic investigations and unauthorised knowledge of third parties are excluded. The investigative material shall be handed over to the expert without notice of the name, address and birthday and month of birth of the person concerned. If the expert is a non-public body, § 38 of the Bundesdatenschutzgesetz (Bundesdatenschutzgesetz) shall apply with the proviso that the supervisory authority shall also monitor the implementation of the rules on data protection if it does not provide sufficient evidence for there is a violation of these rules and the expert does not process the personal data in an automated manner in files. Unofficial table of contents

§ 81g

(1) If the accused is suspected of a criminal offence of significant importance or of a criminal offence against sexual self-determination, he/she may be taken from body cells for the purpose of determining the identity in future criminal proceedings and shall be required to establish the DNA identification patterns and sex shall be investigated in a molecular-genetic manner if, on account of the nature or execution of the act, the personality of the accused or any other evidence reason, there is reason to believe that in future Criminal proceedings for a criminal offence are of considerable importance. The repeated commission of other offences can be of considerable importance in the legal content of a criminal offence. (2) The body cells taken from them may only be used for the molecular genetic examination referred to in paragraph 1; shall be destroyed immediately as soon as they are no longer necessary. In the course of the investigation, other findings other than those necessary for the identification of the DNA identification pattern and sex shall not be taken; investigations directed to this shall be inadmissible. (3) The removal of the Body cells may be ordered without the written consent of the accused only by the court, in the event of danger in default also by the public prosecutor's office and their investigators (§ 152 of the Law of the Constitutional Court). The molecular genetic examination of the body cells may only be ordered by the court without the written consent of the accused person. The person who agrees shall be lecturing on the purpose for which the data to be collected will be used. Section 81f (2) shall apply accordingly. In the written statement of the Court of First Instance, individual cases shall be set out in

1.

the facts determining the relevance of the offence to be assessed,

2.

the findings, on the basis of which there is reason to believe that criminal proceedings will be brought against the accused in the future, and

3.

the assessment of the relevant circumstances.

(4) The provisions of paragraphs 1 to 3 shall apply mutaly if the person concerned is legally convicted for the offence or only for the reason that he/she has been

1.

-proven or non-exclusivity;

2.

the inability to negotiate on mental illness, or

3.

Missing or non-exclusive responsibility (§ 3 of the Juvenile Law Act)

(5) The data collected may be stored by the Federal Criminal Police Office and used in accordance with the Federal Criminal Law Act (Bundeskriminalamtgesetz). . The same shall apply

1.

under the conditions laid down in paragraph 1, for the data of an accused person, as referred to in Article 81e (1), and

2.

for the data collected in accordance with Section 81e (2).

The data may only be transmitted for the purpose of criminal proceedings, security and international legal assistance. In the case of the second sentence of sentence 2, the accused shall be notified immediately of the storage and shall be informed that he may apply for a court decision. Unofficial table of contents

§ 81h

(1) The suspicion that a crime has been committed against life, physical integrity, personal freedom or sexual self-determination is based on the suspicion that a crime may have been committed against the perpetrator of the crime. , with their written consent, fulfil applicable test characteristics

1.

taken from body cells,

2.

for the detection of the DNA identification pattern and sex, and

3.

the detected DNA identification patterns are automatically matched with the DNA identification patterns of trace material,

in so far as it is necessary to determine whether the trace material is derived from such persons and the measure is not disproportionate to the seriousness of the action, in particular with regard to the number of persons concerned. (2) A measure pursuant to paragraph 1, the judicial order shall be required. This shall be written in writing. It must refer to the persons concerned on the basis of certain test characteristics and must be justified. A prior hearing of the persons concerned does not need to be heard. The decision with which the measure is arranged is not countervailable. (3) For the implementation of the measure, § 81f (2) and § 81g (2) apply accordingly. In so far as the records of the DNA identification patterns established by the measure are no longer necessary for the investigation of the crime, they shall be deleted immediately. The deletion is to be documented. (4) The persons concerned shall be informed in writing that the measure may only be carried out with their consent. In doing so, they should also point out that:

1.

the body cells taken are used exclusively for the investigation referred to in paragraph 1 and shall be destroyed immediately as soon as they are no longer required; and

2.

the identified DNA identification patterns are not stored in future criminal proceedings at the Federal Criminal Police Office in order to determine the identity of the person.

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Section 82

In the pre-trial procedure, it depends on the order of the judge whether the experts have to report their opinions in writing or orally. Unofficial table of contents

Section 83

(1) The judge may order a new assessment by the same or by other experts if he considers the opinion to be insufficient. (2) The judge may order the opinion by another expert if a Expert after reimbursement of the expert opinion is rejected with success. (3) In more important cases, the expert opinion can be obtained from a specialist authority. Unofficial table of contents

Section 84

The expert receives remuneration in accordance with the law on the remuneration and compensation of justice. Unofficial table of contents

§ 85

In so far as the evidence of past facts or conditions, which requires a special instrument to be perceived, is to be heard knowledgeable persons shall be subject to the provisions relating to the proof of witness. Unofficial table of contents

§ 86

If a judicial review is taking place, it shall be noted in the minutes of the facts in question and shall provide information on the traces or characteristics whose presence is based on the particular nature of the case. could be presumed missing. Unofficial table of contents

Section 87

(1) The public prosecutor's office, at the request of the public prosecutor's office, will also carry out the morgue, including the judge, with the help of a doctor. A doctor will not be granted if this is evidently necessary to clarify the facts. (2) The morgue is made by two physicians. One of the doctors must be a coroner or head of a public medical or pathological institute, or a doctor of the institute who has been appointed by the institute, who has a medical knowledge of the courts. The physician who has treated the deceased person in the disease immediately preceding the death is not to be transferred to the body. He can, however, be asked to attend the morgue in order to give clues from the history of the disease. The public prosecutor's office can take part in the hearth opening. At the request of the judge, the body will be opened in the presence of the judge. (3) To visit or to open an already buried corpse, her excavation will be permitted. (4) The corpse opening and the excavation of a buried corpse shall be made by the judge. , the Public Prosecutor's Office shall be entitled to the order if the failure of the investigation would be jeopardised by delay. If the excavation is arranged, the notification of a member of the dead person shall be ordered at the same time, if the family member can be identified without special difficulties and the purpose of the investigation is not endangered by the notification. . Unofficial table of contents

Section 88

(1) The identity of the deceased shall be determined in front of the morgue. For this purpose, persons who have known the deceased can, in particular, be questioned and measures of a recognition-service nature can be carried out. In order to determine the identity and sex, the removal of body cells and their molecular genetic examination are permitted; for the molecular genetic examination, § 81f para. 2 shall apply. (2) If a defendant is present, then the following shall be considered: The corpse is to be presented to him for recognition. Unofficial table of contents

§ 89

As far as the condition of the corpse permits, the morgue must always extend to the opening of the head, chest and abdominal cavity. Unofficial table of contents

§ 90

In the case of opening the body of a newborn child, the investigation shall be directed in particular as to whether it has lived after or during birth and whether it has been mature or at least capable of continuing to live outside the womb. Unofficial table of contents

Section 91

(1) If there is a suspicion of poisoning, the examination of the suspected substances found in the corpse or otherwise found shall be carried out by a chemist or by a specialist authority established for such investigations. (2) It may be arranged that this examination shall be carried out with the assistance of or the management of a doctor. Unofficial table of contents

§ 92

(1) Where there is a suspicion of falsification of money or value, the money or the symbol shall, if necessary, be submitted to the authority of which real money or genuine symbols of this kind are put into circulation. The opinion of that authority shall be taken into account as to whether the forgery is suspected or falsified. (2) If it is a foreign currency's money or value, it may be replaced by a of the opinion of the authority of the foreign currency area that is required by a German. Unofficial table of contents

Section 93

In order to determine the authenticity or validity of a document and to determine its originator, a comparison of documents may be carried out by means of experts.

Eighth section
Seizure, surveillance of telecommunications, screening, use of technical means, use of covert investigators and search

Unofficial table of contents

Section 94

(1) Items that may be considered as evidence of importance for the investigation shall be held in custody or otherwise ensured. (2) The objects shall be in the custody of a person and shall not be voluntary. (3) The provisions of paragraphs 1 and 2 shall also apply to driving licences subject to confiscation. Unofficial table of contents

§ 95

(1) Anyone who has an object of the above-mentioned kind in his custody shall be obliged to submit it and deliver it upon request. (2) In the case of refusal, the order and coercive means determined in § 70 may be fixed against him. This does not apply to persons who are entitled to refuse the certificate. Unofficial table of contents

§ 96

The presentation or extradition of files or other documents held in official custody by public authorities and public officials shall not be required if their supreme service authority declares that the disclosure of the content of such documents shall not be required. these files or documents would be detrimental to the good of the federal government or of a German country. Sentence 1 shall apply in accordance with files and other documents which are in the custody of a member of the Bundestag or of a Land parliament or of an employee of a parliamentary group or of a Landtag, if the The competent authority responsible for issuing such a declaration has issued such a declaration. Unofficial table of contents

Section 97

(1) The seizure shall not be subject to

1.

written communications between the accused and the persons who are entitled to refuse the certificate pursuant to § 52 or § 53 (1) sentence 1 (1) to (3b);

2.

records of the communications referred to in Article 53 (1), first sentence, No. 1, No. 1 to 3b, of the communications entrusted to them by the accused, or any other circumstance on which the right of denial of the testimony extends;

3.

other objects, including medical examination findings, to which the right to refuse to give evidence extends to those referred to in Article 53 (1) (1) (1) to (3b).

(2) These restrictions apply only if the objects are in the custody of the persons entitled to refuse the certificate, unless it is an electronic health card within the meaning of § 291a of the Fifth Book of the Social Code. The seizure shall also not be subject to articles on which the right of denial of evidence of the doctors, dentists, psychological psychotherapists, child and youth psychotherapists, pharmacists and midwives shall apply if they are held in custody a medical institution or a service provider who collects, processes or uses personal data for the purposes of his or her personal data, as well as objects to which the right to refuse to give evidence of the persons referred to in the first sentence of Article 53 (1) (3a) and (3b) in the custody of the person referred to in that provision Advisory body. The restrictions on seizure shall not apply if certain facts give rise to the suspicion that the person entitled to refuse the certificate is in fact involved in, or in favour of, punitive or punitive or hehlery, or if it is a matter of (3) The provisions of paragraphs 1 and 2 shall apply mutatily to the extent to which the auxiliary persons (§ 53a) of the § § § § 53a of the German law of the German law of the (4) To the extent that the following: The right of denial of the persons referred to in § 53 (1) sentence 1 (4) shall not be allowed to confiscated objects. This seizure protection also extends to items which are entrusted to their assistants (§ 53a) by the persons referred to in § 53 (1) sentence 1 (4). Sentence 1 shall apply in so far as the auxiliary persons (§ 53a) of the persons referred to in § 53 (1) sentence 1 no. 4 are likely to refuse the certificate. (5) To the extent that the right of denial of the testimony extends to the persons referred to in § 53 (1) sentence 1 no. 5, the Seizure of documents, sound, images and data carriers, illustrations and other representations which are in the custody of these persons or of the editorial office, the publishing house, the print shop or the broadcasting company, are not permitted. The provisions of the third sentence of paragraph 2 (2) and 160a (4), second sentence shall apply, however, the rules of participation in the third sentence of paragraph 2 shall apply only if the facts in question give rise to an urgent suspicion of participation; however, the seizure shall also be included in the same. Cases shall be admissible only if, having regard to the fundamental rights referred to in the second sentence of Article 5 (1) of the Basic Law, it is not disproportionate to the meaning of the matter and the investigation of the facts or the determination of the location of the residence of the The perpetrator would be hopelessly or significantly more difficult in some other way. Unofficial table of contents

Section 98

(1) Seizure may only be confiscated by the court, in the event of danger in default also by the public prosecutor's office and its investigators (Section 152 of the Law Constitutional Law). The seizure pursuant to section 97 (5) sentence 2 in the rooms of an editorial office, a publisher, a print shop or a broadcasting company may only be ordered by the court. (2) The official who has an object without court order , if the person concerned has not been present in the case of the seizure or if the person concerned is not present or if the person concerned and in the event of his/her absence is an adult, he/she shall be required to obtain a judicial confirmation within three days. A member of the person concerned has raised an express objection to the seizure of the seizure. The person concerned may apply for a court decision at any time. The jurisdiction of the court is determined in accordance with § 162. The person concerned may also submit the request to the local court in whose district the seizure has taken place, which shall forward the request to the competent court. The person concerned shall be informed of his/her rights. (3) If the public prosecutor's office or one of its investigators has been seized after a public lawsuit has been brought up, the seizure shall be displayed within three days of the seizure. (4) If a seizure is required in a service building or a facility or facility of the Bundeswehr, which is not generally accessible, the service provided shall be made available to the public. to the Bundeswehr for its implementation. The applicant body shall be entitled to participate. The request is not necessary if the seizure is to be carried out in rooms that are inhabited exclusively by persons other than soldiers. Unofficial table of contents

§ 98a

(1) Sufficient actual evidence to suggest that a criminal offence is of considerable importance

1.

in the field of illicit trafficking in narcotics or weapons, counterfeiting of money or value,

2.

in the field of state protection (§ § 74a, 120 of the Law of the Court of Justice),

3.

in the field of community-related offences,

4.

against limb or life, sexual self-determination or personal freedom,

5.

commercial or habitual or

6.

organized by a gang member or otherwise

, without prejudice to § § 94, 110, 161, personal data of persons who fulfil certain test features likely to apply to the offender with other data may be machine-matched in order to ensure non-suspects or to identify persons who fulfil other audit characteristics that are relevant to the investigation. The measure may only be arranged if the investigation of the facts or the determination of the place of residence of the perpetrator in another way would be considerably less promising or substantially more difficult. (2) The The purpose is to send out the data required for the reconciliation from the data collections and to transmit it to the law enforcement authorities. (3) Insofar as the data to be transmitted from other data only with disproportionate effort can be separated, the other data shall also be transmitted on the order. Your use is not permitted. (4) Upon request of the Public Prosecutor's Office, the storing authority shall support the entity carrying out the reconciliation. (5) Section 95 (2) shall apply accordingly. Unofficial table of contents

§ 98b

(1) The comparison and transmission of the data may only be arranged by the court, in the event of danger in default also by the public prosecutor's office. If the public prosecutor's office has taken the order, it shall immediately request the judicial confirmation. The order shall not enter into force if it is not confirmed by the court within three working days. The order shall be written in writing. It must designate the person responsible for transmission and shall be restricted to the data and test characteristics required for the individual case. The transmission of data, the use of which is contrary to special federal or equivalent national legal regulations, must not be arranged. § § 96, 97, 98 (1) sentence 2 apply accordingly. (2) Enforcement and coercive means (§ 95 para. 2) may only be ordered by the court, in case of danger in default also by the prosecutor's office; the setting of detention shall remain the court (3) If the data have been transferred to data carriers, they shall be returned immediately after the end of the match. Personal data transferred to other data carriers shall be deleted immediately as soon as they are no longer required for the criminal proceedings. (4) After the termination of a measure pursuant to § 98a, the body responsible for the Control of compliance with the rules on data protection in public sector bodies. Unofficial table of contents

§ 98c

In order to clarify a criminal offence or to identify the location of a person subject to criminal proceedings for the purposes of criminal proceedings, personal data may be obtained from criminal proceedings with other persons for prosecution or enforcement of criminal proceedings. or data stored for the security of security. Any conflicting special federal or equivalent statutory provisions shall remain unaffected. Unofficial table of contents

§ 99

The seizure of the postal items and telegrams addressed to the accused shall be permitted, which shall be in the custody of persons or undertakings providing or participating in the provision of postal or telecommunications services. Similarly, the seizure of postal items and telegrams shall be permitted where it is to be concluded from these facts that they are due to the accused or intended for him and that their content is relevant to the investigation. Unofficial table of contents

§ 100

(1) The seizure of the seizure (§ 99) is only the court, in the case of danger in default also the public prosecutor's office. (2) The seizure available by the Public Prosecutor's Office, even if it has not yet resulted in an extradition, shall be repealed. if it is not legally confirmed within three working days. (3) The opening of the delivered mailings shall be the subject of the court. This power may be conferred on the public prosecutor's office, insofar as this is necessary in order not to jeopardidethe success of the investigation by delay. The transfer shall not be countervailable; it may be revoked at any time. As long as an order has not been issued in accordance with the second sentence, the public prosecutor's office shall immediately submit the postal items delivered to it immediately, and in fact, closed mail, to the court. (4) The public prosecutor's office had a case Seizure of the seizure shall be decided by the court in charge of The court, which has ordered or confirmed the seizure, decides on the opening of a delivered mail item. (5) Postal mail, the opening of which has not been ordered, shall be forwarded immediately to the intended recipient. The same shall apply insofar as the withholding is not necessary after the opening. (6) The part of a retained postal consignment, the preholding of which does not appear to be necessary with regard to the examination, shall be the intended recipient. In writing. Unofficial table of contents

§ 100a

(1) Telecommunications may also be monitored and recorded without the knowledge of the persons concerned, if:

1.

(b) certain facts give rise to suspicions that a person acting as a perpetrator or a participant is guilty of a serious offence referred to in paragraph 2, in cases where the trial is punishable, or has been prepared by a criminal offence,

2.

the act also weighs heavily in the individual case, and

3.

the investigation of the facts or the determination of the residence of the accused in other ways would be much more difficult or hopeless.

(2) Serious offences within the meaning of paragraph 1 (1) are:

1.

from the Criminal Code:

a)

Offences of peace treason, treason and threats to the democratic rule of law, as well as the treason of the country and the threats to external security in accordance with § § 80 to 82, 84 to 86, 87 to 89a, 89c (1) to 4, 94 to 100a,

b)

Bribery and bribery of mandate holders according to § 108e,

c)

Offences against the national defence in accordance with § § 109d to 109h,

d)

Offences against the public order in accordance with § § 129 to 130,

e)

Falsification of money and value in accordance with § § 146 and 151, also in conjunction with § 152, as well as in accordance with § 152a (3) and § 152b (1) to (4),

f)

Offences against sexual self-determination in the cases of § § 176a, 176b, 177 para. 2 no. 2 and § 179 para. 5 no. 2,

g)

Distribution, acquisition and possession of children's and youth pornographic works according to § 184b (1) and (2), § 184c (2),

h)

Murder and manslaughter according to § § 211 and 212;

i)

Offences against personal freedom in accordance with Sections 232 to 233a, 234, 234a, 239a and 239b,

j)

Strip theft in accordance with § 244 para. 1 no. 2 and heavy strip theft according to § 244a,

k)

Offences of robbery and extortion according to § § 249 to 255,

l)

commercial hehlerei, gang harvesters and professional gang harvesters according to § § 260 and 260a,

m)

Money laundering and concealment of unlawfully acquired assets pursuant to Article 261 (1), (2) and (4),

n)

Fraud and computer fraud under the conditions set out in § 263 (3) sentence 2 and in the case of section 263 (5), also in conjunction with Section 263a (2),

o)

Subsidy fraud under the conditions set out in § 264 (2) sentence 2 and in the case of section 264 (3) in conjunction with § 263 (5),

p)

Offences of the forgery of the documents under the conditions set out in § 267 (3) sentence 2 and in the case of section 267 (4), also in connection with § 268 para. 5 or § 269 para. 3, as well as in accordance with § 275 para. 2 and § 276 para. 2,

q)

bankruptcy under the conditions laid down in paragraph 283a sentence 2;

r)

Offences against the competition according to § 298 and, under the conditions set out in § 300 sentence 2, in accordance with § 299,

s)

criminal offences in the cases of § § 306 to 306c, 307 (1) to 3, § 308 (1) to (3), § 309 (1) to (4), § 310 (1), § § 313, 314, 315 (3), § 315b (3) and § § 316a and 316c,

t)

Bribery and bribery in accordance with § § 332 and 334,

2.

from the levy system:

a)

Tax evasion under the conditions set out in § 370 (3) sentence 2 (5),

b)

commercial, violent and gang-related smuggling according to § 373,

c)

Tax aid in the case of § 374 (2),

3.

from the Medicines Act:

Offences referred to in Article 95 (1) (2a) under the conditions laid down in Article 95 (3), second sentence, point 2 (b),

4.

from the Asylum Procedures Act:

a)

Guidance on the abusive asylum application in accordance with section 84 (3),

b)

Commercial and professional association for abusive asylum application in accordance with § 84a,

5.

from the Residence Act:

a)

Smuggling of foreigners pursuant to § 96 (2),

b)

Infeed with death sequence and commercial and band-like sluice in accordance with § 97,

6.

from the Foreign Trade Act:

Intentional offences in accordance with § § 17 and 18 of the German Foreign Trade Act,

7.

from the Narcotics Act:

a)

Offences in accordance with a provision referred to in Article 29 (3), second sentence, No. 1, subject to the conditions laid down therein,

b)

Offences in accordance with sections 29a, 30 (1) (1), (2) and (4), and § § 30a and 30b,

8.

from the Basic Surveillance Law:

Offences in accordance with § 19 (1) under the conditions set out in § 19 (3) sentence 2,

9.

from the Law on the Control of War Weapons:

a)

Offences in accordance with § 19 (1) to (3) and § 20 (1) and (2) and § 20a (1) to (3), also in conjunction with § 21,

b)

Offences referred to in Article 22a (1) to (3),

10.

from the International Criminal Code:

a)

Genocide in accordance with § 6,

b)

Crimes against humanity according to § 7,

c)

War crimes according to § § 8 to 12,

11.

from the Weapons Act:

a)

Offences referred to in § 51 (1) to (3),

b)

Offences under Section 52 (1) (1) and (2) (c) and (d) and (5) and (6).

(3) The order may only be directed against the accused person or against persons who, on the basis of certain facts, are to be presumed to receive or pass on communications intended for the accused or originating from him or her. or that the accused person uses their connection. (4) Actual evidence of the assumption that a measure under paragraph 1 alone would obtain knowledge from the core area of private life, the measure is inadmissible. Findings from the core area of private life, obtained by means of a measure referred to in paragraph 1, shall not be used. Any record of such information shall be deleted immediately. The fact of their obtaining and deletion is to be informed. Unofficial table of contents

§ 100b

(1) Measures pursuant to § 100a may only be ordered by the court at the request of the public prosecutor's office. In case of danger in default, the order can also be made by the public prosecutor. Insofar as the order of the Public Prosecutor's Office is not confirmed by the General Court within three working days, it shall not enter into force. The order shall be limited to a maximum of three months. An extension of no more than three months shall be allowed in so far as the conditions of the order are maintained in the light of the results of the investigation. (2) The order shall be issued in writing. Their decision formula shall indicate:

1.

as far as possible, the name and address of the person concerned against which the measure is directed,

2.

the telephone number or other identification of the terminal or terminal to be monitored, provided that it does not result from certain facts that it is simultaneously assigned to another terminal;

3.

The nature, scope and duration of the measure, under the designation of the end-time point.

(3) On the basis of the order, anyone who provides or participates in the telecommunications services has the right to the court, the public prosecutor's office and their investigators working in the police service (Section 152 of the Law of the Law) to take the measures in accordance with § 100a and to provide the necessary information without delay. Whether and to what extent arrangements are to be made for this purpose shall be determined in accordance with the Telecommunications Act and the Telecommunications Monitoring Regulation. Article 95 (2) applies accordingly. (4) The conditions of the order no longer exist, so the measures taken on the basis of the order shall be terminated immediately. At the end of the measure, the requesting court shall be informed of the results of the measure. (5) The Länder and the Federal Prosecutor General shall report annually to the Federal Office of Justice until 30 June of the year following the year under review. measures according to § 100a, which are in their area of competence. The Federal Office of Justice shall draw up an overview of the measures arranged nationwide in the year under review and publish them on the Internet. 1) (6) In the reports referred to in paragraph 5, the following shall be stated:

1.

the number of procedures in which measures have been taken in accordance with Article 100a (1);

2.

the number of monitoring orders according to § 100a (1), differentiated according to

a)

First and extension orders as well as

b)

Fixed-network, mobile communications and Internet telecommunications;

3.

the respective underlying injunction penalty in accordance with the subdivision of § 100a (2).

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1) Official note: The Internet address of the Federal Office of Justice is: www.bundesjustizamt.de

Footnote

(+ + + § 100b (5) and 6: For use, see: § 12 para. 1 StPOEG + + +) Unofficial table of contents

§ 100c

(1) Even without the knowledge of the persons concerned, the word which is not publicly spoken in an apartment may be listened to and recorded by technical means, if:

1.

(i) certain facts give rise to suspicions that a person, as an offender or participant, has committed a particularly serious offence referred to in paragraph 2, or has tried to commit offences in cases where the trial is punishable,

2.

the act also weighs particularly hard on a case-by-case basis

3.

it is to be assumed, on the basis of actual evidence, that the surveillance shall cover statements made by the accused person who are relevant to the investigation of the facts or to the identification of the place of residence of a co-accused person; and

4.

the investigation of the facts or the determination of the location of a co-accused person in another way would be disproportionately difficult or would be hopeless.

(2) Particularly serious offences within the meaning of paragraph 1 (1) are:

1.

from the Criminal Code:

a)

Offences of betrayal of peace, treason and threats to the democratic rule of law, as well as the treason of the state and the endangering of external security in accordance with § § 80, 81, 82, 89a, 89c (1) to (4), in accordance with § § 94, 95 (3) and § 96 para. 1, also in connection with § 97b, as well as in accordance with § § 97a, 98 (1) sentence 2, § 99 (2) and § § 100, 100a (4),

b)

Formation of criminal organisations according to § 129 (1) in conjunction with paragraph 4 (2) and formation of terrorist groups pursuant to § 129a (1), (2), (4), first sentence 1 of alternative 1, also in conjunction with Section 129b (1),

c)

Falsification of money and value in accordance with § § 146 and 151, also in conjunction with § 152, as well as in accordance with § 152a (3) and § 152b (1) to (4),

d)

Offences against sexual self-determination in the cases of § 176a (2) (2) or (3), Article 177 (2) (2) or § 179 (5) no. 2,

e)

Distribution, acquisition and possession of child pornography in the cases of § 184b (2),

f)

Murder and manslaughter according to § § 211, 212,

g)

Offences against personal freedom in the cases of § § 234, 234a para. 1, 2, § § 239a, 239b and trafficking in human beings for the purpose of sexual exploitation and for the purpose of the exploitation of the labour force pursuant to section 232 (3), (4) or (5), section 233 (3), as far as crimes are concerned,

h)

Strip theft in accordance with § 244 para. 1 no. 2 and heavy strip theft according to § 244a,

i)

Serious robbery and robbery according to § 250 (1) or (2), § 251,

j)

predatory extortion pursuant to § 255 and particularly serious cases of extortion pursuant to section 253 under the conditions laid down in § 253 (4) sentence 2,

k)

commercial hehlerei, gang harvesters and professional gang harvesters according to § § 260, 260a,

l)

particularly serious case of money laundering, concealment of unlawfully acquired assets in accordance with Section 261 under the conditions set out in Article 261 (4) sentence 2,

m)

particularly serious case of bribery and bribery in accordance with section 335 (1) under the conditions set out in § 335 (2) (1) to (3),

2.

from the Asylum Procedures Act:

a)

Guidance on the abusive asylum application in accordance with section 84 (3),

b)

commercial and professional mismanagement of the abusive asylum application in accordance with Section 84a (1),

3.

from the Residence Act:

a)

Smuggling of foreigners pursuant to § 96 (2),

b)

Infeed with death row or commercial and band-like sluice in accordance with § 97,

4.

from the Narcotics Act:

a)

a particularly serious case of a criminal offence pursuant to section 29 (1), first sentence, no. 1, 5, 6, 10, 11 or 13, paragraph 3, under the condition referred to in § 29 (3) sentence 2 (1),

b)

a criminal offence in accordance with § § 29a, 30 para. 1 no. 1, 2, 4, § 30a,

5.

from the Law on the Control of War Weapons:

a)

a criminal offence pursuant to section 19 (2) or § 20 (1), also in conjunction with § 21,

b)

a particularly serious case of a criminal offence pursuant to section 22a (1) in conjunction with paragraph 2,

6.

from the International Criminal Code:

a)

Genocide in accordance with § 6,

b)

Crimes against humanity according to § 7,

c)

War crimes according to § § 8 to 12,

7.

from the Weapons Act:

a)

a particularly serious case of a criminal offence pursuant to section 51 (1) in conjunction with paragraph 2,

b)

a particularly serious case of a criminal offence pursuant to section 52 (1) (1) in conjunction with paragraph 5.

(3) The measure may only be directed against the accused person and may only be carried out in apartments of the accused person. In the housing of other persons, the measure shall be admissible only if it is to be assumed, on the basis of certain facts, that:

1.

the accused person, referred to in the order pursuant to section 100d (2), is there and

2.

the measure in housing of the accused alone will not lead to research into the facts or to the identification of the location of a co-accused person.

The measure may also be carried out when other persons are inevitably affected. (4) The measure may be ordered only in so far as it is based on actual evidence, in particular on the nature of the premises to be monitored and the The relationship of the persons to be monitored to one another is to be assumed that the monitoring does not cover statements attributable to the core area of private life-making. Discussions in operating or business premises are generally not attributable to the core area of private life-making. The same shall apply to any discussion of the offences committed and the statements by which criminal offences are committed. (5) The interception and recording shall be interrupted immediately, as long as there is evidence during the surveillance that: Statements to be attributed to the core area of private life-making. Records of such statements shall be deleted immediately. Knowledge of such statements may not be used. The fact of collecting the data and its deletion is to be documented. If a measure has been suspended in accordance with the first sentence, it may be continued under the conditions laid down in paragraph 4. In case of doubt, the interruption or continuation of the measure shall be brought about without delay by a decision of the court; § 100d (4) applies accordingly. (6) In the cases of § 53, a measure pursuant to paragraph 1 is inadmissible; arises during the course of the proceedings. or after implementation of the measure that a case of § 53 is available, paragraph 5, sentence 2 to 4, shall apply accordingly. In the cases of § § 52 and 53a, findings obtained from a measure pursuant to paragraph 1 may be used only if this does not, in the light of the significance of the underlying relationship of trust, not be disproportionate to the interest in the Research into the facts or the determination of the residence of an accused person. § 160a (4) shall apply. (7) Insofar as a prohibition of exploitation pursuant to paragraph 5 is contemplated, the Public Prosecutor's Office shall immediately bring about a decision of the requesting court on the recoverability of the findings obtained. To the extent that the Court of First Instance denials any inability to use it, this is binding on the further procedure. Unofficial table of contents

§ 100d

(1) Measures pursuant to § 100c may only be ordered at the request of the public prosecutor's office by the chamber of the district court referred to in § 74a (4) of the Law Constitutional Law, in the district of which the public prosecutor's office is located. In the event of danger in default, this arrangement may also be made by the chairman. The order shall not enter into force if it is not confirmed by the Trial Chamber within three working days. The arrangement shall be limited to a maximum of one month. An extension of no more than one month shall be permitted, provided that the conditions are maintained in the light of the results of the investigation. If the duration of the order has been extended to a total of six months, the Oberlandesgericht (Oberlandesgericht) decides on further extensions. (2) The order shall be written in writing. The following shall be stated in the order:

1.

as far as possible, the name and address of the defendant against which the measure is directed,

2.

the charge on the basis of which the measure is ordered,

3.

the apartment to be monitored or the living rooms to be monitored;

4.

the nature, scope and duration of the measure;

5.

the nature of the information to be collected by the measure and its relevance to the procedure.

(3) In the explanatory statement of the order or extension, the conditions and the essential points of consideration shall be set out. In particular, individual cases shall be disclosed:

1.

the specific facts which give rise to suspicion,

2.

the essential considerations relating to the necessity and proportionality of the measure;

3.

the actual indications within the meaning of section 100c (4) sentence 1.

(4) The court in question shall be informed of the course and results of the measure. If the conditions of the order no longer exist, the court must order the cancellation of the measure, provided that the demolition has not already been initiated by the prosecution. The decision may also be made by the chairman. (5) Personal data from an acoustic living room surveillance may be used for other purposes in accordance with the following measures:

1.

The usable personal data obtained by means of a measure according to § 100c may only be used in other criminal proceedings without the consent of the persons being monitored to the extent that the measure is arranged according to § 100c. , or to determine the residence of the person accused of such a criminal offence.

2.

The use of the personal data obtained by means of a measure pursuant to § 100c, including those pursuant to § 100c (6) sentence 1 half sentence 2, for the purpose of the security is only for the defence of an individual life risk or an urgent The risk of the body or freedom of a person or objects of significant value serving the supply of the population, of culturally outstanding value, or in § 305 of the Criminal Code, shall be permitted. The personal data obtained and usable by a measure pursuant to § 100c may also be used for the defence of an urgent risk for other significant assets in the individual case. Where the data are no longer required to avert the risk or for a pre-judicial or judicial review of the security measures taken, records of those data shall be provided by the security competent Delete the site immediately. The deletion is to be informed. To the extent that the deletion is solely for a possible pre-judicial or judicial review, the data may only be used for this purpose; for use for other purposes, they shall be blocked.

3.

If the personal data that can be used have been obtained by means of a corresponding police law measure, they may, in criminal proceedings without the consent of the persons being monitored to the extent, be informed only of a criminal offence, on the basis of which the The measure according to § 100c could be ordered, or used to determine the stay of the person accused of such a criminal offence.

Unofficial table of contents

§ 100e

(1) For the measures arranged pursuant to § 100c, Section 100b (5) applies accordingly. Prior to publication on the Internet, the Federal Government shall report to the German Bundestag on the measures arranged in the preceding calendar year in accordance with § 100c. (2) The reports referred to in paragraph 1 shall indicate:

1.

the number of procedures in which measures have been taken in accordance with Section 100c (1);

2.

the respective underlying attack offence in accordance with the subdivision referred to in Article 100c (2);

3.

whether the procedure is related to the prosecution of organised crime;

4.

the number of objects monitored per procedure according to private housing and other apartments, as well as according to apartments of the accused and third persons ' homes;

5.

the number of persons monitored per trial for persons who have been accused and who have not been accused;

6.

the duration of each monitoring after the duration of the arrangement, the duration of the extension and the duration of the interception;

7.

the number of times a measure has been interrupted or broken down in accordance with Section 100c (5), § 100d (4);

8.

whether a notification has been made to the persons concerned (Section 101 (4) to (6)) or for which reasons a notification has not been made;

9.

whether the monitoring has produced results that are relevant or likely to be relevant to the procedure;

10.

whether the monitoring has provided results that are relevant or likely to be relevant to other criminal proceedings;

11.

if the monitoring has not produced any relevant results: the reasons for this, differentiated for technical reasons and for other reasons;

12.

the cost of the measure, differentiated according to the cost of translation services and other costs.

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§ 100f

(1) Even without the knowledge of the persons concerned, the non-publicly spoken word may be heard and recorded using technical means outside of dwellings if certain facts give rise to the suspicion that a person is a perpetrator or participant referred to in Article 100a (2), which has also been committed in individual cases or in cases where the attempt is punishable, and the investigation of the facts or the determination of the location of a person accused of being a defendant in another way would be hopelessly or significantly more difficult. (2) The measure may are only directed against a accused person. The measure may be ordered against other persons only if, on the basis of certain facts, it is to be assumed that they are in connection with an accused person or that such a link is established, the measure for research into the (3) The measure may also be carried out if third parties are to be unavoidably affected. (4) § § § § § § § § § § § § 1. 100b (1), (4), first sentence, and § 100d (2) shall apply accordingly. Unofficial table of contents

§ 100g

(1) The suspicion that someone is a perpetrator or a participant is based on certain facts.

1.

a criminal offence has also been committed on a case-by-case basis, in particular a criminal offence referred to in § 100a (2), in cases where the attempt is punishable, attempted to commit or has been prepared by a criminal offence, or

2.

has committed a criminal offence by means of telecommunications,

The data may be collected without the knowledge of the person concerned (§ 96 (1), § 113a of the Telecommunications Act) to the extent that this is necessary for the investigation of the facts or the determination of the residence of the accused person. In the case of the first sentence of sentence 1, the measure shall be admissible only if the investigation of the facts or the determination of the residence of the accused would otherwise be hopeless and the collection of the data in an appropriate proportion to the The importance of the matter. The collection of location data in real time is only permitted in the case of the first sentence of 1 No. 1. (2) § 100a (3) and § 100b (1) to (4) sentence 1 shall apply accordingly. By way of derogation from Article 100b (2), second sentence, no. 2, in the case of a criminal offence of significant importance, a designation of telecommunications which is sufficiently precise in terms of space and time is sufficient if the investigation of the facts or the investigation of the facts of the case (3) When the collection of traffic data is not carried out by the telecommunications service provider, it shall be determined after the conclusion of the communication procedure after the (4) The measures referred to in paragraph 1 shall be amended in accordance with Section 100b (5) to draw up an overview each year in which to specify:

1.

the number of procedures in which the measures referred to in paragraph 1 have been carried out;

2.

the number of arrangements of measures referred to in paragraph 1, differentiated according to first and extension orders;

3.

the underlying criminal offence, in accordance with the first sentence of paragraph 1, point 1 and 2;

4.

the number of months back, for which the traffic data referred to in paragraph 1 have been queried, shall be determined from the date of the order;

5.

the number of measures that have not been inconcludeable, because the data requested was not available in whole or in part.

Footnote

(+ + + § 100g para. 4: For the first application for the reporting year 2008 see § 12 (1) sentence 1 StPOEG + + +)
§ 100g (1) sentence 1: To the extent that traffic data according to § 113a of the Telecommunications Act may be collected according to § 113a of the Telecommunications Act Decision formula with GG incompatible and void gem. BVerfGE v. 10.3.2010 I 272-1 BvR 256/08, 1 BvR 263/08, 1 BvR 586/08- Unofficial table of contents

§ 100h

(1) Even without the knowledge of the persons concerned, outside of housing

1.

Image recordings are made,

2.

other special technical means are used for observational purposes;

if the investigation of the facts or the determination of the residence of an accused person would otherwise be less promising or difficult. A measure referred to in the first sentence of paragraph 2 shall be admissible only if the object of the investigation is of considerable importance. (2) The measures may only be directed against a defendant. Against other persons

1.

the measures referred to in paragraph 1 (1) shall be admissible only if the investigation of the facts or the determination of the residence of an accused person in another way would be considerably less promising or substantially more difficult,

2.

The measures referred to in paragraph 1 (2) shall only be admissible if, on the basis of certain facts, it is to be assumed that they are in connection with an accused person or that such a link is established, the measure for the investigation of the facts or for the purpose of: The determination of the location of an accused person will lead to a situation where this would be more difficult or much more difficult in other ways.

(3) The measures may also be carried out if third parties are unavoidably involved. Unofficial table of contents

§ 100i

(1) The reason for this is that certain facts are suspected of having committed a criminal offence, even in the individual case, of significant importance, in particular a criminal offence referred to in § 100a (2), in cases where the attempt is made to: is liable to commit, has tried to commit or has prepared through a criminal offence, may be subject to technical means

1.

the device number of a mobile radio terminal and the card number of the card used therein, and

2.

the location of a mobile terminal

insofar as this is necessary for the investigation of the facts or the determination of the location of the accused person. (2) Personal data of third parties may only be collected on the occasion of such measures, if this is not the technical reasons for achieving the purpose referred to in paragraph 1 are unavoidable. They may not be used beyond the reconciliation of data for the determination of the requested device and card number and must be deleted immediately after termination of the measure. (3) § 100a (3) and § 100b (1) sentence 1 to 3, subsection 2 sentence 1 and para. 4 Sentence 1 shall apply accordingly. The order shall be limited to a maximum of six months. An extension of no more than six months shall be allowed in so far as the conditions laid down in paragraph 1 persist. Unofficial table of contents

§ 100j

(1) In so far as this is necessary for the investigation of the facts or the determination of the place of residence of an accused person, the person who provides or participates in the business of telecommunications services shall be entitled to provide information on the following: § § 95 and 111 of the Telecommunications Act are required (§ 113 paragraph 1 sentence 1 of the Telecommunications Act). Where the request for information in accordance with the first sentence relates to data by means of which access to terminal equipment or to storage facilities which are used in these terminals or in a spatially separate way is protected (Section 113 (1) sentence 2 of the (2) The information referred to in paragraph 1 may also be used on the basis of a date allocated at a specific time. Internet protocol address required (Section 113 (1) sentence 3 of the Telecommunications Act). (3) Requests for information pursuant to the second sentence of paragraph 1 may only be ordered by the court at the request of the public prosecutor's office. In the event of danger in default, the order may also be made by the prosecution or its investigators (Section 152 of the Judith Constitutional Law). In such a case, the judicial decision shall be taken immediately. Sentences 1 to 3 shall not apply if the person concerned is already aware of or has to be informed of the request for information, or if the use of the data is already permitted by a court decision. The existence of the conditions laid down in the fourth sentence shall be notified. (4) In the cases referred to in the second sentence of paragraph 1 and in paragraph 2, the person concerned shall be notified of the information provided. The notification shall be made as far as and as soon as hereby the purpose of the information is not foiled. It shall not be held unless the overriding legitimate interests of third parties or of the person concerned are contrary to the protection of the person concerned. If the notification is returned in accordance with the second sentence, or apart from it after the third sentence, the reasons are to be taken into account. (5) The person who has business telecommunications services due to a request for information referred to in paragraph 1 or 2 shall be required to provide information on the basis of the information required under paragraph 1 or 2. , or shall be involved in providing the data necessary for the exchange of information without delay. Article 95 (2) shall apply mutatily. Unofficial table of contents

§ 101

(1) For measures in accordance with § § 98a, 99, 100a, 100c to 100i, 110a, 163d to 163f, unless otherwise specified, the following regulations apply. (2) Decisions and other documents relating to measures according to § § 100c, 100f, 100h para. 1 no. 2 and § 110a shall be kept by the Public Prosecutor's Office. They shall not be taken until the conditions for notification referred to in paragraph 5 have been met. (3) Personal data collected by means of measures referred to in paragraph 1 shall be marked accordingly. After transmission to another body, the marking shall be maintained by the latter. (4) The measures referred to in paragraph 1 shall apply in the case of:

1.

§ 98a of the persons concerned, against which further investigations have been conducted after evaluation of the data,

2.

§ 99 of the sender and the addressee of the postal consignment,

3.

§ 100a the parties to the telecommunications monitored,

4.

§ 100c

a)

the defendant against which the measure was directed,

b)

other persons monitored,

c)

Persons who held or inhabited the supervised dwelling at the time of the implementation of the measure,

5.

§ 100f the target person as well as the persons who are significantly involved,

6.

Article 100g of the parties involved in the telecommunications concerned,

7.

§ 100h para. 1 the target person and the persons who are significantly involved,

8.

of § 100i the target person,

9.

§ 110a

a)

the target person,

b)

the persons who are significantly involved,

c)

the persons whose unusually accessible apartment has entered the covert investigator,

10.

§ 163d the persons concerned, against which further investigations have been conducted after the evaluation of the data,

11.

§ 163e. the target person and the person whose personal data has been reported,

12.

§ 163f the target person as well as the persons who are significantly involved

to be notified. Mention should be made of the possibility of retrospective legal protection under paragraph 7 and the period laid down for this purpose. The notification shall not be notified if the overriding legitimate concerns of an affected person are contrary to their protection. In addition, the notification of a person referred to in the first sentence of the first sentence of the second, third and sixth sentence, against which the measure has not been addressed, may not be notified if the measure has been affected by the measure only insignificantly and is to be assumed to be of no interest in the measure. of a notification. Research into the identification of the identity of a person referred to in the first sentence shall be carried out only if, having regard to the intensity of intervention of the measure vis-à-vis that person, this is the effort to establish their identity (5) The notification shall be made as soon as this is without endangering the purpose of the investigation, life, physical integrity and personal freedom of a person who is not subject to any of the following: Person and of significant assets, in the case of § 110a also the Possibility of further use of the concealed investigator is possible. If the notification is set back in accordance with the first sentence, the reasons are to be informed. (6) The notification referred to in paragraph 5 does not take place within twelve months of the end of the measure, and further provisions of the judicial assent. The Court of First Instance determines the duration of further deferments. It can agree to the final check of the notification if the conditions for a notification with certainty of a limiting probability will not occur in the future. Where a number of measures have been carried out in a close temporal relationship, the period referred to in the first sentence shall begin with the end of the last measure. In the case of § 100c, the period referred to in the first sentence shall be six months. (7) Judicial decisions referred to in paragraph 6 shall apply to the court responsible for the order of the measure and, moreover, to the court at the seat of the competent public prosecutor's office. The persons referred to in the first sentence of paragraph 4 may, in the case of the court competent in accordance with the first sentence of the first sentence, also, after the end of the measure up to two weeks after notification, review the legality of the measure and the nature and manner of its Apply for completion. The decision is an immediate complaint against the decision. If the public action has been brought and the defendant has been notified, the court seised of the case shall decide on the application in the final decision. (8) If the personal data obtained by the measure are the subject of the proceedings, the court shall for the prosecution and for any judicial review of the measure no longer necessary, they shall be deleted immediately. The deletion is to be informed. To the extent that the deletion is solely for a possible judicial review of the measure, the data may only be used for this purpose without the consent of the persons concerned; they shall be blocked accordingly. Unofficial table of contents

Section 102

In the case of the person suspected of being an offender or a participant of a criminal offence or of being entitled to prosecute, criminal or hehlery, a search of the dwelling and other spaces, as well as of his person and of the objects belonging to him, may be carried out for the purpose of his/her work. Seizure and then take place, if it is to be assumed that the search will lead to the finding of evidence. Unofficial table of contents

Section 103

(1) In the case of other persons, searches are only allowed to seize the accused or to pursue traces of a criminal offence or to confiscerate certain objects, and only if there are facts to conclude from which it is to be concluded that: the requested person, trace or object is located in the rooms to be searched. For the purpose of seizing an accused, who is in urgent suspicion, an offence pursuant to § 89a or § 89c (1) to (4) of the Criminal Code or pursuant to § 129a, also in conjunction with Section 129b (1), of the Criminal Code or any of the in this A search for dwellings and other premises shall also be permitted if they are situated in a building from which it is to be assumed, on the basis of facts, that the accused person is in his/her own right. (2) The restrictions set out in the first sentence of paragraph 1 shall not apply to rooms in which the accused person has been taken or entered during the persecution. Unofficial table of contents

Section 104

(1) At nighttime, the dwelling, business premises and the satisfactory possession may be searched only in the event of a fresh act or in the event of danger in delay or in the event of the re-seizure of an unweighted prisoner. (2) This restriction does not apply to rooms which are accessible to everyone at night, or to persons punished by the police as hostels or meeting places, as defeats of property obtained by means of criminal offences, or as a slip angle of the gambling, the illicit trade in narcotics and arms, or the (3) In the period from the first April to the thirtieth of September, the night time covers the hours from nine o'clock in the evening to four o'clock in the morning and in the period from the first October to the thirtieth of March, the hours of nine o'clock in the evening until six in the morning. Unofficial table of contents

Section 105

(1) searches may only be arranged by the judge, in the event of danger in default also by the public prosecutor's office and its investigators (Section 152 of the Judith Constitutional Law). Searches pursuant to § 103 (1) sentence 2 shall be applied by the Judge; the Public Prosecutor's Office shall be entitled to do so if there is a risk of default. (2) If a search of the apartment, the premises or the satisfactory possession without the Judge or the Judge or the Judge or the Judge or the Judge or the Judge or the Judge or the Judge of the public prosecutor shall, if possible, be given to a municipal official or two members of the municipality in whose district the search is carried out. The persons who are members of the community must not be the police officers or investigators of the public prosecutor's office. (3) If a search is carried out in a service building or in a non-public facility or installation of the The Federal Armed Forces are required to carry out their implementation, the Bundeswehr's department is requested. The applicant body shall be entitled to participate. It is not necessary to carry out the search if the search for rooms is to be carried out, which are exclusively inhabited by other persons as soldiers. Unofficial table of contents

Section 106

(1) The owner of the rooms or objects to be searched shall be allowed to attend the search. If he is absent, his representative or an adult is, if possible, to be assigned to a household or neighbour. (2) In the cases of § 103 (1) the object of the search shall be the proprietor or the person who has been granted his/her absence. to make known before they begin. This provision shall not apply to the holders of the rooms referred to in § 104 (2). Unofficial table of contents

Section 107

Upon termination of the search, a written notification must be made to the person affected by the search, which must indicate the reason for the search (§ § 102, 103) and in the case of § 102 the offence. On request, he shall also have a list of the items in custody or in the case of a certificate, but if nothing suspicious is found, he shall give a certificate of this. Unofficial table of contents

Section 108

(1) If, on occasion of a search, objects are found which, although in no way related to the investigation, indicate the practice of another offence, they are sometimes to be taken into account. The Public Prosecutor's Office shall be informed of this. Sentence 1 shall not apply in so far as a search pursuant to section 103 (1) sentence 2 takes place. (2) Where a doctor finds objects within the meaning of the first sentence of paragraph 1 relating to the abortion of a patient, their utilization shall be In the case of a person referred to in § 53 (1) sentence 1 (5), objects within the meaning of the first sentence of paragraph 1 of this Article shall be found on which the person referred to in Article 53 (1) sentence 1 (5) is found to be subject to a criminal procedure against the patient. the right of denial of evidence of the said person shall be the exploitation of the object in criminal proceedings, only in so far as the subject-matter of this criminal proceedings is a criminal offence punishable by a maximum sentence of at least five years ' imprisonment and which is not a criminal offence pursuant to Section 353b of the Penal Code. Unofficial table of contents

§ 109

The items taken in custody or in the hardware are to be recorded precisely and to prevent confusion by means of official seals or in any other appropriate manner. Unofficial table of contents

§ 110

(1) The inspection of the documents of the person concerned by the search is available to the public prosecutor's office and to the order of the public prosecutor's office (§ 152 of the Judith Constitutional Law). (2) In addition, officials are responsible for the inspection of the findings. Documents can only be authorized if the holder approves the review. Otherwise, they shall deliver to the public prosecutor's office the documents which they consider necessary to be sent to the public prosecutor's office in an envelope to be sealed in the presence of the holder. (3) The inspection of an electronic Storage medium in the case of the person affected by the search may also be extended to storage media, which are spatially separate from the storage medium, to the extent that it can be accessed from the storage medium, if otherwise the loss of the sought data is to be obtained. . Data which may be of importance for the investigation may be secured; Section 98 (2) shall apply accordingly. Unofficial table of contents

§ 110a

(1) Hidden investigators may be used to investigate criminal offences if there is sufficient real evidence that a criminal offence is of significant importance.

1.

in the field of illicit trafficking in narcotics or weapons, counterfeiting of money or value,

2.

in the field of state protection (§ § 74a, 120 of the Law of the Court of Justice),

3.

commercial or habitual or

4.

organized by a gang member or otherwise

has been committed. Covert investigators may also be used to investigate crimes in so far as there is a risk of repetition on the basis of certain facts. The use is only permissible if the Enlightenment would otherwise be hopelessly or significantly more difficult. In order to investigate crimes, covert investigators may also be used if the particular significance of the action is to be used and other measures would be inconsiderate. (2) Investigators covered by the investigation are officers of the police service, who are under the supervision of the police. of a permanent, modified identity (legend) that has been awarded to them. They may participate in legal transactions under the legend. (3) To the extent that it is indispensable for the establishment or maintenance of the legend, appropriate documents may be produced, changed and used. Unofficial table of contents

§ 110b

(1) The use of a concealed investigator shall not be allowed until after the approval of the public prosecutor's office. If there is a risk of delay and if the decision of the Public Prosecutor's Office cannot be obtained in good time, it shall be brought to an immediate effect; the measure shall be terminated if the Public Prosecutor's Office does not agree to the decision within three working days. Consent shall be given in writing and shall be subject to a limited period of time. An extension shall be permitted as long as the conditions for use continue. (2) Operations,

1.

who are directed against a particular accused person, or

2.

where the covert investigator enters an apartment that is not generally accessible,

require the consent of the court. In the event of danger in default, the public prosecutor's office shall be approved. If the decision of the Public Prosecutor's Office cannot be obtained in a timely manner, it shall be brought about without delay. The measure shall be terminated if the court does not agree to the agreement within three working days. (3) The identity of the concealed investigator may also be kept secret after the end of the operation. The Public Prosecutor's Office and the General Court, which are responsible for the decision to consent to the operation, may require that the identity be disclosed to them. Moreover, in criminal proceedings, the secrecy of the identity shall be permissible under the conditions laid down in § 96, in particular where there is cause for concern that the revelation of life, body or freedom of the concealed investigator or of another Person or the possibility of further use of the concealed investigator would endanger. Unofficial table of contents

§ 110c

Covert investigators are allowed to enter an apartment with the consent of the person entitled under their legend. The agreement must not be brought about by a preliminary deception of an access right that goes beyond the use of the legend. In other respects, the powers of the concealed investigator shall be governed by this Act and by other legislation. Unofficial table of contents

§ 110d (omitted)

- Unofficial table of contents

§ 110e (omitted)

- Unofficial table of contents

Section 111

(1) Certain facts are based on the suspicion that a criminal offence pursuant to Section 89a or § 89c (1) to (4) of the Criminal Code or in accordance with Section 129a, also in conjunction with Section 129b (1) of the Criminal Code, is one of the offences referred to in this provision. Criminal offences or a criminal offence pursuant to Section 250 (1) (1) of the Criminal Code may be established on public roads and squares and at other publicly accessible places where the facts are adopted justify the fact that this measure is intended to take action against the perpetrator or to ensure that the evidence is to be secured that can serve to clarify the offence. At a point of inspection, everyone is obliged to establish his identity and to have his or her hand searched. (2) The order to set up a control body shall be taken by the judge; the public prosecutor's office and its Investigators (Section 152 of the Law of the Constitutional Law) are empowered to do so if danger is in default. (3) For the search and determination of the identity referred to in paragraph 1, § 106 (2) sentence 1, § 107 sentence 2, first half sentence, § § 108, 109, 110 (1) and (2), as well as § § 163b and 163c. Unofficial table of contents

Section 111a

(1) If there are urgent reasons for the assumption that the driving licence will be withdrawn (Section 69 of the Criminal Code), the judge may, by decision, temporarily withdraw the driving licence from the accused. Whereas it is possible to exempt certain types of motor vehicles from the provisional withdrawal if special circumstances justify the assumption that the purpose of the measure is not jeopardised. (2) The provisional withdrawal of driving licences shall be (3) The provisional withdrawal of the driving licence shall at the same time act as an order or confirmation of the seizure of the seizure by a German authority. issued driving licence. This shall also apply where the driving licence has been issued by an authority of a Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area, provided that the holder has its ordinary (4) If a driving licence is confiscated because it can be confiscated in accordance with the second sentence of Article 69 (3) of the Criminal Code, and if a judicial decision on the seizure is required, the decision shall be replaced by the decision of the person responsible for the decision. on the provisional withdrawal of driving licences. (5) A driving licence in the form of a licence Custody taken, seized or confiscated because it can be confiscated in accordance with Section 69 (3) sentence 2 of the Criminal Code shall be returned to the accused if the judge dismisses the provisional withdrawal of the driving licence due to a lack of the in the case referred to in paragraph 1, if it lifts them up or if the court in the judgment does not withdraw the licence. However, if a driving ban is imposed in the judgment in accordance with Section 44 of the Criminal Code, the return of the driving licence may be deferred if the accused does not object. (6) In other foreign countries other than those referred to in the second sentence of paragraph 3, the person referred to in the sentence 2 shall be subject to the right of return. The provisional withdrawal of the driving licence must be noted. The licence may be confiscated until the registration of this note (Section 94 (3), section 98). Unofficial table of contents

Section 111b

(1) Items may be seized by seizure in accordance with § 111c if there are reasons for the acceptance that the conditions for their decay or confiscation are fulfilled. § 94 (3) remains unaffected. (2) If there are reasons for the assumption that the conditions for the default in the event of compensation or the confiscation of compensation are available, it is possible to arrange for their protection in accordance with § 111d of the Arrest of the State in rem. (3) If there are no urgent reasons, the Court of First Instance shall, at the latest after six months, lift the order of the measures referred to in the first sentence of paragraph 1 and paragraph 2. If certain facts give rise to the suspicion and the time limit referred to in the first sentence is not sufficient because of the particular difficulty or extent of the investigation or because of another important reason, the court may, on request The Public Prosecutor's Office shall extend the measure if the reasons mentioned justify its continued duration. In the absence of urgent reasons, the measure may not be maintained for more than 12 months. (4) § § 102 to 110 apply accordingly. (5) The provisions of paragraphs 1 to 4 shall apply mutagenic to the extent to which the decay cannot be ordered only; because the conditions of Section 73 (1) sentence 2 of the Penal Code are fulfilled. Unofficial table of contents

§ 111c

(1) The seizure of a movable property shall be effected in the cases of § 111b by the fact that the object is taken into custody or the seizure is made recognizable by seals or otherwise. (2) The seizure of a property or of a right which is subject to the provisions relating to the enforcement of the immovable property, shall be the result of the entry in the land register of the seizure of the seizure. The provisions of the law on forced auction and the compulsory administration on the extent of the seizure in the case of forced auction shall apply accordingly. (3) The seizure of a claim or other property, which is not the Rules on foreclosure of immovable property shall be brought about by seizure. The provisions of the Code of Civil Procedure relating to compulsory enforcement in claims and other property rights shall apply mutatily to this point. The seizure shall be linked to the invitation to submit the declarations referred to in § 840 (1) of the Code of Civil Procedure. (4) The seizure of ships, shipbuilders and aircraft shall be effected in accordance with paragraph 1. The seizure shall be entered in the register in the case of such ships, shipbuilders and aircraft registered in the register of ships, ship-building registers or registers of mortgage-rights on aircraft. Non-registered, but eligible, shipbuilding or aircraft may be registered for this purpose for registration; the rules governing the registration by a person who, on the basis of a enforceable title, have an entry in force (5) The seizure of an object in accordance with paragraphs 1 to 4 shall have the effect of a prohibition on disposal within the meaning of Section 136 of the German Civil Code; the prohibition shall include: also other dispositions as divestitures. (6) A confiscated movable The person concerned may

1.

against immediate consideration of the value, or

2.

, subject to the reservation of any withdrawal for provisional further use, until the end of the procedure

. The amount laid down in accordance with the first sentence of paragraph 1 shall be replaced by the point of the case. The measure referred to in the first sentence of paragraph 2 may be made subject to the condition that the person concerned provides security or meets certain conditions. Unofficial table of contents

§ 111d

(1) Due to the decay or the confiscation of compensation, a fine or the costs of the criminal proceedings which are likely to be incurred, the real arrest may be ordered. In the event of a fine and the costs likely to be incurred, the arrest of the Arrest may not be ordered until a sentence has been handed down against the accused person. § § 917 and 920 (1) as well as § § 923, 928, 930 to 932 and 934 (1) of the Code of Civil Procedure apply analogously. (3) Is the Arrest due to a fine or a fine. of the costs likely to be incurred, a full drawing measure shall be lifted at the request of the accused, in so far as the accused person is responsible for applying the costs of his defence, his or her maintenance or the costs of the defendant's defence. Maintenance of his family needs. Unofficial table of contents

§ 111e

(1) The order of the seizure (§ 111c) and the arrest (§ 111d) is only the court, in the case of danger in default also the public prosecutor's office is empowered. In order to order the seizure of a movable property (Section 111c (1)), the investigators of the Public Prosecutor's Office (Section 152 of the Law on Constitutional Law) are also empowered to act in the event of danger. (2) If the Public Prosecutor's Office has the seizure, or The arrest of the Arrest is requested within one week of the court confirmation of the order. This shall not apply if the seizure of a movable property is arranged. In all cases, the person concerned may at any time request the decision of the court. (3) The execution of the seizure and the arrest shall be without delay to the person who has been injured by the act, as far as he is known or is known in the course of the proceedings. by the public prosecutor's office. (4) The notification may be made by a one-off notice in the Federal Gazette if a communication is associated with disproportionate effort in relation to each individual injured or if it is suspected that: that there are still unknown wounded people from the fact that they are still demanding. In addition, the communication may also be published in a different appropriate manner. Personal data may only be published if it is necessary to provide the injured person with access to the secured assets in order to enforce their claims. After the end of the security measures, the Public Prosecutor's Office will initiate the deletion of the publication in the Federal Gazette. Unofficial table of contents

§ 111f

(1) The public prosecutor's office is responsible for carrying out the seizure (§ 111c). In the case of movable property (§ 111c (1)), the public prosecutor's office is also responsible for its investigative personnel. Section 98 (4) shall apply. (2) The necessary entries in the land register as well as in the registers referred to in § 111c (4) shall be effected at the request of the public prosecutor's office or the court which ordered the seizure. The same applies to the notifications referred to in § 111c (4). (3) Insofar as an arrest is to be carried out in accordance with the provisions relating to the seizure of movable property, this may be done by the authority referred to in § 2 of the Code of Justice, the Court enforcement officers, the prosecutor's office or their investigators (Section 152 of the Court Constitutional Law) will be brought about. Paragraph 2 shall apply accordingly. In order to arrange for the seizure of a registered ship or a ship's structure and for the seizure of a claim on the basis of the arrest in accordance with § 111d, the Public Prosecutor's Office or, at its request, the court which ordered the arrest of the Arrest, shall be: (4) In the case of delivery, Section 37 (1) shall apply, with the proviso that the investigators of the Public Prosecutor's Office (Section 152 of the Judith Constitutional Law) can also be entrusted with the execution. (5) Against measures which are to be carried out in full Seizure or the arrest of the person concerned may at any time Decision of the Court of First Instance. Unofficial table of contents

§ 111g

(1) The seizure of an article in accordance with § 111c and the enforcement of the arrest pursuant to § 111d do not act against a disposition of the injured person who, on the basis of an adult claim by way of the enforcement of the law or the law of the law, has been arrested. (2) Forced enforcement or arrests of arrests pursuant to paragraph 1 shall be subject to authorization by the court which is responsible for ordering the seizure (§ 111c) or the Arredo (§ 111d). The decision shall be taken by a decision which may be challenged by the public prosecutor's office, the accused person and the injured party with an immediate appeal. The authorisation shall be refused if the injured person does not make it credible that the claim has been made up of the offence. § 294 of the Code of Civil Procedure is to be applied. (3) The prohibition of divestment pursuant to Section 111c (5) shall apply from the date of seizure to also the benefit of injured persons who during the period of seizure in the confiscated subject matter the Carry out enforcement or complete the arrest of the Arrest. The registration of the prohibition of divestment in the land register for the benefit of the State shall also apply to the application of Section 892 (1) sentence 2 of the Civil Code as an entry for the benefit of such infringers who, during the period of the seizure, shall be deemed to have been registered as Beneficiaries from the divestment ban will be entered in the land register. Proof that the claim has grown from the offence can be conducted with respect to the basic buchamp by the submission of the authorisation decision. The provisions of sentences 2 and 3 apply analogously to the prohibition of the use of the ships referred to in § 111c (4), ship-building structures and aircraft. The effectiveness of the prohibition of disposal in favour of the injured shall not be affected by the removal of the seizure. Sentences 1 and 5 shall apply in accordance with the effect of the lien which has been caused by the enforcement of a lock (§ 111d) into the movable property. (4) The subject matter, which is seized or paved on the basis of the arrest, shall be subject to the action of the right of lien. , from other than the grounds referred to in the second sentence of Article 73 (1) of the Penal Code, or if the authorisation is wrongly effected, the injured third party shall be obliged to compensate for the damage caused to them by reason of the loss of the damage caused by the damage caused by the damage to the person concerned. (5) paragraphs 1 to 4 shall apply in his favour. (5) in accordance with, if the decay of an object is arranged, but the arrangement is not yet legally binding. They shall not apply if the subject-matter is subject to confiscation. Unofficial table of contents

§ 111h

(1) In the event of an adult claim, the injured person shall be subject to compulsory enforcement or if he or she performs an arrest in a plot of land in which an arrest is carried out in accordance with § 111d, he may request that the person be executed by the law enforcement order. This arrest mortgage resigned after his right in the rank. The rank granted to the acceding right shall not be lost by the fact that the arrest of the Arrest is cancelled. The owner's consent to the change in the ranking is not required. In addition, § 880 of the Civil Code is to be applied in a reasonable way. (2) The change in ranking shall be subject to approval by the judge who is responsible for the Arrest (§ 111d). § 111g (2) sentence 2 to 4 and (3) sentence 3 shall apply accordingly. (3) If the admission is wrongly, the injured third party shall be obliged to compensate for the damage caused to them by the change in the ranking. (4) Paragraphs 1 to 3 shall apply in accordance with § 111d in a ship, ship-building or aircraft within the meaning of § 111c (4) sentence 2. Unofficial table of contents

§ 111i

(1) The court may order that the seizure pursuant to § 111c or the Arrest pursuant to § 111d shall be maintained for a period of not more than three months, insofar as the proceedings are limited to the other legal consequences in accordance with § § 430 and 442 (1). (2) If the Court of First Instance did not recognize the claim for decay merely because of the claims of an injured person within the meaning of Section 73 (1) sentence 2 of the Penal Code, the Court of First Instance may not be able to in the judgment. In this case, it has to be called the landed. If, in this regard, the conditions of Section 73a of the Criminal Code are fulfilled, it shall determine the amount of money which corresponds to the value of the landed person. Where

1.

the injured person has already had a compulsory execution or an arrest of the wreaths,

2.

the injured person has been verifiably satisfied from assets which have not been confiscated or which have been seized by means of arrears, or

3.

the person who has been injured has been published in accordance with § 111k,

(3) In so far as the Court of First Instance proceeds in accordance with paragraph 2, it shall consider the seizure (Section 111c) of the 2 and 4 sentences referred to in the second sentence of paragraph 2 and of the dingy Arrest (§ 111d) up to the amount of the amount determined in accordance with paragraph 2, sentence 3 and 4, by decision for three years. The time limit shall begin with the judgment of the judgment. It is intended to designate assets that are secured. § 917 of the Code of Civil Procedure is not applicable. To the extent that the injured person is verifiably satisfied within the time limit from assets which have not been confiscated or paved by way of arrears, the court annuls the seizure (§ 111c) or the dingy arrest (§ 111d) Application by the person concerned. (4) The order referred to in paragraph 3 and the entry of the legal force shall be notified immediately by the court to the person who has been injured by the act. The notice shall be linked to the reference to the consequences referred to in paragraph 5 and to the possibility of enforcitating claims by means of foreclosure or execution of the armies. Section 111e (4) sentences 1 to 3 shall apply accordingly. (5) With the expiry of the period referred to in paragraph 3, the State shall acquire the assets referred to in paragraph 2 in accordance with Section 73e (1) of the Criminal Code and a payment claim in the amount of the period referred to in paragraph 3. (2), insofar as not

1.

the injured person has, in the meantime, been in possession of compulsory execution or the execution of the arrestor because of his claims,

2.

the injured person has been shown to have been satisfied from assets which had not been confiscated or had been seized by the execution of the arrears,

3.

temporary items have been published or deposited in accordance with § 111k to the injured person; or

4.

In accordance with § 111k, he or she would have been to the injured person and he has requested the release before the expiry of the period referred to in paragraph 3.

At the same time, the State may devalue the lien on the basis of the provisions of the Eighth Book of the Code of Civil Procedure, which is based on the enforcement of the conditional arrest. The proceeds and money deposited are to be paid to the state. With the recovery, the payment claim arising in accordance with the first sentence shall also be extinguished in so far as the recovery proceeds fall short of the amount of the claim. (6) The court of the first legal suit shall provide the entry and the extent of the state The acquisition of rights referred to in paragraph 5, first sentence, shall be determined by decision. Section 111l (4) shall apply accordingly. The decision may be appealed with the immediate appeal. In accordance with the legal force of the decision, the Court of First Instance shall initiate the deletion of the publications made in the Federal Gazette referred to in paragraph 4. (7) Insofar as the convicted person or the person concerned by the seizure or the dingy arrest of the person concerned, the shall be satisfied at the end of the period referred to in paragraph 3, and shall be entitled to demand compensation up to the amount of the redemption proceeds received by the State. The compensation shall be excluded,

1.

in so far as the payment claim of the State is contrary to the first sentence of paragraph 5, taking into account the proceeds collected by the State, or

2.

if three years have elapsed since the expiry of the period referred to in paragraph 3.

(8) In the cases of § 76a (1) or (3) of the Penal Code, paragraphs 2 to 7 shall apply to the proceedings in accordance with § § 440 and 441 in conjunction with Section 442 (1). Unofficial table of contents

§ 111k

If a movable property seized pursuant to section 94 or seized in accordance with Section 111c (1) is no longer required for the purpose of the criminal proceedings, it shall be the person who has been deprived of the crime by the criminal offence. shall be issued if it is known and does not conflict with claims by third parties. Section 111f (5) shall apply. The Public Prosecutor's Office may bring about the judgment of the Court of First Instance if the law of the injured person is not manifestly. Unofficial table of contents

§ 111l

(1) Assets seized pursuant to § 111c or paved on the basis of a Arredo (§ 111d) may be sold before the legal force of the judgment if their spoilage or a substantial reduction of their value threatens or their value Storage, care or maintenance is associated with disproportionate costs or difficulties. In the cases of § 111i para. 2, assets which have been paved by virtue of a Arredo (§ 111d) may be sold under the legal force of the judgment, if this appears to be appropriate. The proceeds shall be replaced by the proceeds of the proceeds. (2) In the preparatory proceedings and in accordance with the legal force of the judgment, the divestment shall be ordered by the Public Prosecutor's Office. This power is conferred on your investigators (Section 152 of the Judith Constitutional Law) if the subject is threatened before the decision of the Public Prosecutor's Office can be brought about. (3) After the public lawsuit has been filed, the Arrangement of the main court. The Public Prosecutor's Office shall be entitled to do so if the subject-matter is liable to spoil before the decision of the Court of First Instance can be brought into effect; the second sentence of paragraph 2 shall apply. (4) The accused, the proprietor and others who have rights to the The reason for this is to be heard before the order. The order and the time and place of the divestment shall be communicated to them as far as this appears to be possible. (5) The divestment shall be carried out in accordance with the provisions of the Civil Procedure Code on the exploitation of a paved cause. In the cases referred to in paragraphs 2 and 3, second sentence, the Public Prosecutor's Office, in the cases referred to in the first sentence of paragraph 3, shall replace the Court of Enforcement (Section 764 of the Code of Civil Procedure) with the court of law. The recovery permitted in accordance with Section 825 of the Code of Civil Procedure may, on its own account or at the request of the persons referred to in paragraph 4, in the case of the first sentence of paragraph 3, also at the request of the Public Prosecutor's Office, at the same time as the emergency sale or shall be subsequently arranged. If this appears to be appropriate, the emergency sale may be carried out in a different way and by a person other than the bailier. (6) The person concerned may be subject to court proceedings against orders of the public prosecutor's office or of their investigators. Decision by the court competent pursuant to § 162. § § 297 to 300, 302, 306 to 309, 311a and 473a shall apply accordingly. The court, in urgent cases the chairman, may order the suspension of the divestment. Unofficial table of contents

§ 111m

(1) The seizure of a printing unit, other writing or an object within the meaning of Section 74d of the Penal Code may not be ordered in accordance with Section 111b (1) if its adverse consequences, in particular the endangering of the public Interest in unhesitated distribution appears to be disproportionate to the meaning of the matter. (2) Excluded parts of the Scriptures, which contain nothing punishable, are to be excluded from the seizure. The seizure may be further restricted in the order. (3) In the order of seizure, the passages of the Scriptures which give rise to the seizure are to be called. (4) The seizure can be averted by the fact that the The part of the Scriptures which give rise to seizure shall be excluded from the reproduction or dissemination. Unofficial table of contents

§ 111n

(1) The seizure of a periodic printing unit or an object on the same subject within the meaning of Section 74d of the Penal Code may only be ordered by the judge. The seizure of another printing unit or other object within the meaning of Section 74d of the Penal Code may also be ordered by the Public Prosecutor's Office in the event of danger in default. The order of the public prosecutor shall cease to apply if it is not confirmed by the judge within three days. (2) The seizure shall be waived if the public action is not brought within two months or the self-confiscation of the seizure is not necessary. is requested. If the time limit referred to in the first sentence is not sufficient because of the particular extent of the investigation, the court may, at the request of the public prosecutor's office, extend the time limit for a further two months. The application can be repeated once. (3) As long as neither the public action nor the self-employed confiscation has been requested, the seizure shall be lifted if the public prosecutor's office requests it. Unofficial table of contents

§ 111o

(1) If there are reasons for the assumption that the conditions for the imposition of a financial penalty are available, it may be ordered because of the same. (2) § § 917, 928, 930 to 932, 934 para. 1 of the civil procedure sensual. In the case of the arrest, a sum of money shall be determined, by the deposit of which the arrest of the arrest shall be inhibited and the debtor shall be entitled to the request for the removal of the full arrest. The amount of the amount shall be determined in accordance with the circumstances of the individual case, in particular after the estimated amount of the financial penalty. This can be estimated. The request for the remission of the arrest shall contain the facts necessary for the determination of the amount of money. (3) Only the judge, in the case of danger in the case of the public prosecutor's office, shall be given the order of the arrest on account of a financial penalty. authority. If the public prosecutor's office has taken the order, it shall request the judicial confirmation of the order within one week. The accused may at any time request the judicial decision. (4) Insofar as the execution of the arrest in movable property is to be effected on account of a financial penalty, § 111f para. 1 shall apply accordingly. (5) For the rest, § 111b para. 3, § 111e Sections 3 and 4, § 111f para. 2 and 3 sentence 2 and 3 as well as § § 111g and 111h application. Unofficial table of contents

§ 111p

(1) Under the conditions laid down in § 111o (1), the assets of the accused may be covered by a certificate if the execution of the financial penalty to be expected in respect of the nature or extent of the assets or for any other reason by means of an asset is subject to the (2) The seizure shall be limited to individual assets, if this is sufficient, in accordance with the circumstances, in particular after the expected amount of the financial penalty, in order to enforce the property. (3) With the order of the asset seizure, the Accused the right to manage the assets held in hardware and to dispose of them in the living. In the order, the hour of seizure is to be stated. (4) § 111b para. 3, § 111o para. 3, § § 291, 292 para. 2, § 293 apply accordingly. (5) The asset manager has the prosecutor's office and the court of law on all within the framework of the administration of the Findings obtained which may serve the purpose of seizure shall be notified.

Ninth Section
Arrest and provisional arrest

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Section 112

(1) The pre-trial detention may be ordered against the accused if he is in urgent need of suspicion and if there is an imprisonment. It must not be ordered if it is disproportionate to the meaning of the matter and the penalty or measure of improvement and security to be expected. (2) There is a reason for imprisonment if, on the basis of certain facts, it is not possible to

1.

It is established that the accused is fleeting or is hiding,

2.

in the event of an assessment of the circumstances of the case, there is a risk that the accused will be withdrawn from the criminal proceedings (danger of flight), or

3.

the defendant's conduct justifies the urgent suspicion that he will be

a)

Destroy, modify, set aside, suppress or fake evidence, or

b)

act in an unfair manner on co-accused, witnesses or experts; or

c)

to encourage others to behave in such a way,

and therefore there is a danger that the investigation of the truth will be made more difficult (the danger of obscuration).

(3) Against the accused, who is a criminal in accordance with § 6 (1) No. 1 of the International Criminal Code or § 129a (1) or (2), also in connection with § 129b (1), or in accordance with § § 211, 212, 226, 306b or 306c of the Criminal Code or, as far as by the offence or life of another person has been endangered, and in accordance with Section 308 (1) to (3) of the Criminal Code, the custody of the person under investigation may also be ordered if there is no liability under paragraph 2. Unofficial table of contents

§ 112a

(1) There is also a prison sentence if the accused is in urgent need of suspicion,

1.

a criminal offence in accordance with § § 174, 174a, 176 to 179 or section 238 (2) and (3) of the Penal Code or

2.

In accordance with § § 89a, 89c (1) to (4), § 125a, § § 224 to 227, according to § § 243, 244, 249 to 255, 260, according to § 263, in accordance with § § 306 bis 306c or § 316a § § 316a of the Criminal Code or in accordance with § 29 (1) No. 1, 4, 10 or para. 3, § 29a (1), § 30 (1), § 30a (1) of the German Narcotics Act

, and certain facts give rise to the risk that, before a final judgment, he or she will commit further serious offences of the same nature or continue the offence, he or she shall be liable to wail the imminent danger, and in the case of point 2 is to be expected to be a custodial sentence of more than one year. The assessment of the urgent suspicion of committing a crime within the meaning of the first paragraph of sentence 1 shall also include acts which are or have been the subject of other procedures, whether or not legally binding. (2) Paragraph 1 shall not apply; if the conditions for the adoption of an arrest warrant are fulfilled in accordance with § 112 and the conditions for the suspension of the arrest warrant pursuant to Section 116 (1), (2) are not fulfilled. Unofficial table of contents

Section 113

(1) If the offence is only punishable by a custodial sentence of up to six months or a fine of up to one hundred and eighty daily rates, the pre-trial detention shall not be ordered due to the danger of obscuration. (2) In such cases, the pre-trial detention shall be because of the risk of escape, only if the accused person

1.

had already withdrawn from the proceedings or had taken steps to flee,

2.

does not have a permanent residence or residence within the scope of this law, or

3.

is not able to expel himself from his person.

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Section 114

(1) The pre-trial detention shall be ordered by a written arrest warrant issued by the judge. (2) The arrest warrant shall be ordered to:

1.

the accused,

2.

the act of which he is in urgent need of suspicion, the time and place of their commission, the legal characteristics of the offence and the criminal provisions to be applied,

3.

the liability, and

4.

the facts that result from the urgent suspicion and the cause of the sentence, insofar as it does not jeopardise the security of the State.

(3) Where the application of the second sentence of Article 112 (1) is obvious or the accused is based on that provision, the reasons for the application shall be stated that it has not been applied. Unofficial table of contents

§ 114a

In the event of arrest, the accused person is to hand out a copy of the arrest warrant; if he does not master the German language sufficiently, he will also receive a translation in a language which he/she understands. If the handing out of a copy and a possible translation is not possible, it shall be immediately communicated to him in a language which he/she can understand, which is the reasons for the arrest and which charges against him are levied. In this case, the copy of the arrest warrant and any translation shall be obtained without delay. Unofficial table of contents

Section 114b

(1) The arrested accused shall be immediately and in writing in writing in a language comprehensible to him of his or her rights. If a written instruction is not sufficiently recognizable, an oral instruction must also be made. It is appropriate to proceed in accordance with the procedure if written instruction is not possible; however, it should be obtained if this is possible in a reasonable manner. The accused shall confirm in writing that he has been lecessed; if he refuses to do so, this shall be documented. (2) In the instruction referred to in paragraph 1, the accused shall be informed that he/she shall be

1.

immediately, no later than the day after the date of the seizure, to the court to hear and decide on his continued detention,

2.

has the right to comment on the accusation or to testify not to the cause,

3.

for its discharge to be able to request individual requests for evidence,

4.

At any time, even before his questioning, he can question a defender to be elected by him,

4a.

in the cases referred to in § 140 (1) and (2), the appointment of a defender may be claimed in accordance with Article 141 (1) and (3);

5.

has the right to ask for the investigation by a doctor or a doctor of his choice,

6.

notify a family or person of his or her confidence, unless the purpose of the investigation is jeopardizated,

7.

may request, in accordance with § 147 (7), to obtain information and copies from the files in so far as he does not have a defender, and

8.

in the case of maintenance of pre-trial detention before the competent judge

a)

an appeal against the arrest warrant or an examination of an arrest (§ 117 (1) and (2)) and an oral hearing (§ 118 (1) and (2)) can be requested,

b)

in the event of an invalidity of the appeal, a court decision pursuant to Section 119 (5) may apply; and

c)

a court decision in accordance with Section 119a (1) can be applied against administrative decisions and measures in the detention order.

The accused shall be informed of the defendant's right of access to the file pursuant to Section 147. An accused person, who is not sufficiently powerful in the German language, or who is obstructed in the language or language, must be informed in a language which he/she understands that he/she is subject to the provisions of Section 187 (1) to (3) of the Law on the Law of Justice. for the whole of the criminal proceedings, the free use of an interpreter or translator can be claimed. A foreign national must be informed that he or she may require the consular post of his home country to be informed and should be informed of such information. Unofficial table of contents

Section 114c

(1) An imprisoned accused person shall immediately be given the opportunity to notify a family member or person of his or her trust, unless the purpose of the investigation is endangered. (2) If the accused has been brought before the court after the trial, the court must order the immediate notification of one of his relatives or a person of his or her trust. The same obligation exists for any further decision on the duration of detention. Unofficial table of contents

Section 114d

(1) The court shall send a copy of the arrest warrant to the law enforcement institution responsible for the accused person. In addition, it shares it with

1.

the public prosecutor's office and the court competent pursuant to Section 126,

2.

the persons who have been notified pursuant to Section 114c,

3.

Decisions and other measures pursuant to § 119 (1) and (2),

4.

Other decisions to be taken in the procedure, to the extent that this is necessary for the performance of the tasks of the law enforcement agency,

5.

main course dates and findings resulting from them, which are necessary for the performance of the tasks of the law enforcement agency;

6.

the date of the judgment of the judgment, and

7.

Other data relating to the person of the accused who are required for the performance of the duties of the law enforcement agency, in particular those relating to his personality and other relevant criminal proceedings.

Sentences 1 and 2 shall apply in the event of changes to the facts communicated. The Public Prosecutor's Office shall assist the General Court in the performance of its duties in accordance with paragraph 1 of this Article and shall inform the Office of the Office of the Office of the Office of Enforcement of its own motion. in particular, data referred to in the second sentence of paragraph 1 (7) and of the decisions taken and other measures taken pursuant to § 119 (1) and (2). In addition, the prosecutor's office of the enforcement agency submits a copy of the indictup and informs the court responsible pursuant to section 126 (1) of the indictress. Unofficial table of contents

§ 114e

The executing institution shall forward its findings to the court and the public prosecutor's office of its own motion in the event of the execution of pre-trial detention, in so far as it is relevant for the performance of the tasks of the consignee, from the point of view of the law enforcement agency, and which have not been otherwise known elsewhere. Any other powers of the law enforcement institution, the court and the public prosecutor's office shall remain unaffected. Unofficial table of contents

§ 115

(1) If the accused is seized on the basis of the warrant, he shall be brought without delay to the competent court. (2) The court immediately after the performance, no later than the following day, shall inform the accused person of the subject matter of the court. (3) In the case of questioning, the accused must be informed of the circumstances and his right to express his or her right to express his or her claim or not to testify to the case. (4) If the detention is upheld, the accused person is entitled to the right of the complaint and the other to the other. The person is not responsible for the right of appeal. Legal remedies (§ 117 (1), 2, § 118 (1), (2), § 119 (5), § 119a (1)) to lecture. Section 304 (4) and (5) shall remain unaffected. Unofficial table of contents

§ 115a

(1) If the accused person cannot be presented to the competent court at the latest on the day after the seizure, he shall immediately be brought before the next Local Court, no later than the day after the seizure. (2) The court has the accused immediately after the introduction, no later than the next day. Section 115 (3) shall be applied to the hearing as far as possible. If, in the case of the hearing that the arrest warrant has been lifted, his removal by the public prosecutor's office is requested (Section 120 (3)) or the term is not the person described in the arrest warrant, then the term of the term shall be released. If the latter objects to the arrest warrant or its execution, which are not manifestly unfounded, or if the court has concerns over the maintenance of detention, it shall inform the competent court and the competent authority of the detention order. Public prosecutor's office immediately and on the quickest possible route indicated in the circumstances; the competent court shall immediately verify whether the arrest warrant is to be repealed or be suspended. (3) If the accused is not released, the court shall: he shall, at his request, be presented to the competent court for questioning in accordance with Section 115. The accused shall be informed of this right and shall be lecturing pursuant to Section 115 (4). Unofficial table of contents

Section 116

(1) The judge suspends the execution of an arrest warrant, which is only justified on the grounds of risk of flight, if less restrictive measures sufficiently justify the expectation that the purpose of the pre-trial detention shall also be achieved by them. can. The following shall be considered:

1.

the instruction to report at certain times to the judge, the law enforcement authority or to a service designated by them;

2.

the instruction to leave the place of residence or residence, or a certain area, not without the permission of the judge or the law enforcement authority,

3.

the instruction to leave the dwelling only under the supervision of a particular person,

4.

the performance of reasonable security by the accused person or another.

(2) The judge may also suspend the execution of an arrest warrant, which is justified on account of the danger of obscuration, if less restrictive measures sufficiently justify the expectation that they will significantly reduce the risk of blackout. (3) The judge may suspend the execution of an arrest warrant issued in accordance with Section 112a if the expectation is sufficient to provide sufficient evidence of the (4) In the cases referred to in paragraphs 1 to 3, the judge shall order the execution of the arrest warrant if:

1.

the accused is grossly contrary to the duties or restrictions imposed on him,

2.

if the accused is to flee, does not have sufficient excuse for a proper summons or otherwise shows that the trust placed in him was not justified, or

3.

New circumstances require the arrest.

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§ 116a

(1) Security is to be provided by deposit in cash, in securities, by pledge order or by providing a guarantee to persons of appropriate persons. This is without prejudice to any other provisions in a legal regulation adopted pursuant to the law on payment transactions with courts and judicial authorities. (2) The judge shall determine the amount and type of security at the discretion of the judge. (3) The The accused person who requests the suspension of the arrest warrant for security and does not reside within the scope of this law shall be obliged to provide a person residing in the district of the competent court for the purpose of receiving deliveries. empowered. Unofficial table of contents

§ 116b

The execution of the pre-trial detention shall be subject to the execution of the extradition detention, the provisional extradition detention, the deportation detention and the rejecting custody. The execution of other custodianal measures shall be subject to the execution of pre-trial detention, unless the Court of First Instance takes a different decision on the grounds that the purpose of the detention is to be carried out. Unofficial table of contents

Section 117

(1) As long as the accused is in pre-trial detention, he may at any time request the judicial review whether to lift the warrant or to suspend his/her enforcement pursuant to § 116 (arrest). (2) In addition to the application for liability examination, the Complaint inadmissible. This does not affect the right of appeal against the decision to be taken on the application. (3) The judge may order individual investigations which are relevant for the future decision on the maintenance of pre-trial detention , and, after carrying out these investigations, carry out a new examination. (4) (omitted) (5) (omitted) Unofficial table of contents

Section 118

(1) At the request of the accused or at the discretion of the Court of First Instance, the examination of the detention shall be decided on the grounds of oral proceedings. (2) If an appeal has been filed against the arrest warrant, the appeal proceedings may also apply in the appeal proceedings at the request of the Court of First Instance. (3) If the pre-trial detention has been upheld after oral proceedings, the accused person shall be entitled to a further oral proceedings only if the Pre-trial detention at least three months and since the last oral (4) A right to oral proceedings does not exist as long as the main hearing persists or if a judgment has been issued which is based on a custodial sentence or a custodial rule of liberty of the (5) The oral proceedings must be carried out without delay; it must not be scheduled for more than two weeks after the request has been received without the consent of the accused. Unofficial table of contents

Section 118a

(1) The public prosecutor's office and the accused and the defender shall be notified of the place and time of the oral proceedings. (2) The accused shall be presented to the trial, unless he/she is responsible for the presence in the trial , or in such a way as to prevent the removal or illness of the accused or any other obstacles not to be eliminated. The court may order that, under the conditions set out in sentence 1, oral proceedings shall be held in such a way that the defendant is held in a place other than that of the court and that the trial simultaneously takes place in image and sound in the place where the court is held. in which the accused person shall be held and transferred to the meeting room. If the accused is not presented for oral proceedings and is not proceeding in accordance with sentence 2, a defender shall exercise his rights in the trial. In this case, a defender is to be ordered for the oral proceedings if he has no defender yet. § § 142, 143 and 145 shall apply accordingly. (3) In the oral proceedings the participants present shall be heard. The nature and extent of the taking of evidence shall determine the court. A record is to be recorded at the hearing; § § 271 to 273 shall apply accordingly. (4) The decision shall be announced at the end of the oral proceedings. If this is not possible, the decision shall be adopted no later than within one week. Unofficial table of contents

§ 118b

§ § 117 (1) and the request for oral proceedings are subject to § § 297 to 300 and 302 (2). Unofficial table of contents

§ 119

(1) In so far as this is necessary for the defence of an escape, blackout or recurrence (§ § 112, 112a), restrictions may be imposed on an imprisoned accused person. In particular, it may be arranged that:

1.

require the receipt of visits and the telecommunications of permission,

2.

to monitor visits, telecommunications and the transport of lettering and parcels,

3.

require the transfer of objects upon visits to the permit,

4.

the accused is separated from individual or all other detainees,

5.

restricting or excluding common accommodation and residence with other detainees.

The orders shall be taken by the court. If its arrangement cannot be brought about in good time, the public prosecutor's office or the law enforcement agency may take a provisional arrangement. The order shall be submitted to the court for approval within three working days, unless it has done so in the meantime. The accused person shall be informed of orders. The order referred to in the second sentence of paragraph 2 shall include the authorisation to cancel visits and telecommunications, and to hold letters and parcels. (2) The arrangements shall be carried out by the issuing body. The court may repudiate the execution of orders to the public prosecutor's office, which can use the assistance of its investigators and the law enforcement agency to carry out the assistance. The transmission is indisputable. (3) If the surveillance of telecommunications is arranged in accordance with the second sentence of paragraph 1, point 2, the intended surveillance shall be communicated to the person who is to be interviewed immediately after the connection has been established. The communication may be carried out by the accused himself. The accused must be informed about the obligation to notify in good time before the beginning of telecommunications. (4) § § 148, 148a remain unaffected. They shall apply in accordance with the traffic of the accused person

1.

the probation aid responsible for him,

2.

the executive supervisory authority responsible for him,

3.

the court aid responsible for him,

4.

the federal and state representatives of the federal government,

5.

the Federal Constitutional Court and the State Constitutional Court responsible for it,

6.

the Ombudsman of a country responsible for him,

7.

the Federal Commissioner for Data Protection and Freedom of Information, the authorities responsible for checking compliance with the rules on data protection in the countries and the supervisory authorities in accordance with § 38 of the Federal Data Protection Act,

8.

the European Parliament,

9.

the European Court of Human Rights,

10.

the European Court of Justice,

11.

the European Data Protection Supervisor,

12.

the European Ombudsman,

13.

the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment,

14.

of the European Commission against Racism and Intolerance,

15.

the United Nations Human Rights Committee,

16.

The United Nations Committees on the Elimination of Racial Discrimination and the Elimination of Discrimination against Women,

17.

the United Nations Committee against Torture, the related subcommittee on the prevention of torture and the relevant national preventive mechanisms,

18.

the persons referred to in Article 53 (1), first sentence, Nos. 1 and 4, in respect of the contents referred to therein,

19.

as far as the court orders nothing else,

a)

the advisory councils at the prisons and

b)

the consular post of his home country.

The measures necessary to determine the existence of the conditions laid down in sentences 1 and 2 shall be taken by the competent authority in accordance with paragraph 2. (5) Decisions taken pursuant to this provision or any other measures may be taken court decision, unless the appeal of the appeal is subject to the appeal. The application does not have suspensive effect. The court may, however, take provisional orders. (6) Paragraphs 1 to 5 shall also apply if another freedom-withdrawal measure is carried out against a accused person, against the pre-trial detention order (§ 116b). The jurisdiction of the court shall also be determined in this case in accordance with Section 126. Unofficial table of contents

Section 119a

(1) A court decision may be requested against an administrative decision or measure in the investigating detention order. In addition, a court decision may be requested if an administrative decision requested in the trial detention order has not been issued within three weeks. (2) The application for a court decision has no suspensive decision Effect. The court may, however, take provisional orders. (3) The body responsible for the decision or action in question may also lodge an appeal against the decision of the Court of First Instance. Unofficial table of contents

§ 120

(1) The arrest warrant shall be waived as soon as the conditions of the pre-trial detention no longer exist or if it appears that the further detention order is of the significance of the case and of the penalty or measure of improvement to be expected, and Backup would be out of proportion. It shall be repealed, in particular, if the accused acquitted or refused to open the main proceedings, or if the proceedings are not only provisionally suspended. (2) The release of an appeal shall be subject to the release of the (3) The arrest warrant should also be lifted if the public prosecutor's office requests it before the public action is brought up. At the same time as the application, the Public Prosecutor's Office may order the release of the accused person. Unofficial table of contents

Section 121

(1) As long as no judgment has been given which recognises a custodial sentence or a detention order for improvement and security, the execution of pre-trial detention for the same act beyond six months may be maintained only; if the particular difficulty or the particular scope of the investigation or any other important reason does not allow the judgment to be given and the duration of the detention warrant. (2) In the cases referred to in paragraph 1, the warrant shall be issued after the expiry of the six to be suspended for months if the arrest warrant is not suspended in accordance with section 116; or (3) If the files are submitted to the Oberlandesgericht before the expiry of the period referred to in paragraph 2, the expiry date shall rest until the date of the decision. If the main negotiation has commenced before the deadline has expired, the deadline shall continue to rest until the judgment has been announced. If the main hearing is suspended and the files are submitted to the Higher Regional Court immediately after the suspension, the expiry date shall also be suspended until its decision. (4) In the cases in which a Trial Chamber pursuant to Section 74a of the Court Constitutional Law is responsible for the jurisdiction of the Higher Regional Court, which is competent pursuant to Section 120 of the Law of the Court of Justice. In the matters in which a Higher Regional Court is competent pursuant to § § 120 or 120b of the Law of the Court of Justice, the Federal Court of Justice shall be replaced by the Federal Court of Justice. Unofficial table of contents

§ 122

(1) In the cases of § 121, the competent court shall submit the files by mediation of the Public Prosecutor's Office to the Higher Regional Court for a decision if it considers the continuation of the pre-trial detention to be necessary or if the Public Prosecutor's Office (2) Before the decision, the defendant and the defender shall be heard. The Oberlandesgericht (Oberlandesgericht) can decide on the continuation of the pre-trial detention after oral proceedings; if this happens, § 118a applies accordingly. (3) The Oberlandesgericht (Oberlandesgericht) orders the continuation of the pre-trial detention order, so § 114 para. 2 No. 4 accordingly. The Oberlandesgericht (Oberlandesgericht) is responsible for the further detention test (Section 117 (1)) until a sentence is handed down, which recognizes a custodial sentence or a custodial measure of the improvement and security. The Court of First Instance may, for a period of not more than three months, transfer the detention test to the Court of First Instance, which is competent in accordance with the general provisions. In the cases of Section 118 (1), the Oberlandesgericht decides on a request for oral proceedings at its discretion. (4) The examination of the conditions pursuant to section 121 (1) is also reserved for the Oberlandesgericht in the further proceedings. The examination must be repeated at the latest after three months at the latest. (5) The Oberlandesgericht (Oberlandesgericht) may suspend the execution of the arrest warrant in accordance with § 116. (6) If several accused persons are in custody in the same case, the Oberlandesgericht (Oberlandesgericht) may (7) If the Federal Court of Justice is responsible for the decision, it shall take the place of the decision of the Federal Court of Justice to the Court of Appeal, which shall be responsible for the duration of the pre-trial detention. Oberlandesgericht. Unofficial table of contents

§ 122a

In the cases of Section 121 (1), the execution of the detention shall not be maintained for more than one year if it is based on the liability of § 112a. Unofficial table of contents

§ 123

(1) A measure serving the suspension of the detention order (Section 116) shall be repealed if:

1.

the arrest warrant shall be repealed; or

2.

the detention or the detention of a custodial sentence or a detention order of liberty or detention is carried out.

(2) Under the same conditions, a security which has not yet been forcidated shall be released. (3) Anyone who has provided security for the accused may obtain their release by virtue of the fact that he or she either within a period to be determined by the court of the accused, or the facts justifying the suspicion of an escape intended by the accused, shall be notified in good time that the accused may be arrested. Unofficial table of contents

Section 124

(1) A security which has not yet become vacant shall be forged by the State Treasury if the accused person withdraws from the examination or the accusation of the recognized custodial sentence or detention order. (2) Before the The decision shall be taken by the accused person and by the person who has lodged a security for the accused person. Only the immediate appeal against the decision is on them. Before deciding on the appeal, they and the public prosecutor's office shall be given the opportunity to give an oral explanation of their requests and to discuss any investigation carried out. (3) The decision to decay shall be against them. the person who has lodged a security for the accused person, the effects of a judgment delivered by the civil judge, declared provisionally enforceable and, after the expiry of the period of appeal, the effects of a final judgment in the case of a final judgment Civilian thirdpart. Unofficial table of contents

§ 125

(1) Before the public action is brought up, the judge shall, at the district court in whose district a place of jurisdiction is established or the accused, shall be issued at the request of the public prosecutor's office or, if a prosecutor is not reachable and danger (2) After the public action has been raised, the warrant shall be issued by the court which is dealing with the case and, if a revision is lodged, the court whose judgment is contested. In urgent cases, the Chairman may also issue the arrest warrant. Unofficial table of contents

§ 126

(1) Prior to the imposition of the public action, the further judicial decisions and measures relating to the custody of the investigation, the suspension of its execution (§ 116), its enforcement (§ 116b) and applications pursuant to § 119a are the subject of the Court in charge of the arrest warrant. If the appeal court has issued the arrest warrant, the court has jurisdiction to take the previous decision. If the preparatory proceedings are carried out in another place, or if the pre-trial detention is carried out in another place, the court may, at the request of the public prosecutor's office, transfer its jurisdiction to the local court responsible for that place. If the place is divided into several jurisdictions, the provincial government shall determine the competent local court by means of a decree law. The State Government may delegate this authorisation to the Land Justice Administration. (2) After the public action has been raised, the Court of First Instance is responsible for dealing with the matter. During the review process, the court is responsible for the judgment of which the judgment is contested. Individual measures, in particular in accordance with § 119, shall be ordered by the Chairman. In urgent cases, he may also cancel the warrant or suspend the execution of the order (§ 116) if the public prosecutor's office agrees; otherwise the court's decision shall be brought to an immediate effect. (3) The court of appeal may issue the warrant (4) § § 121 and 122 shall remain unaffected. (4) § § 121 and 122 remain unaffected. (4) § § 120 (1). Unofficial table of contents

§ 126a

(1) There are urgent grounds for beliefs that a person has committed an unlawful act in the condition of insolvency or reduced debt (§ § 20, 21 of the Penal Code) and that his placement in a psychiatric hospital is If a hospital or an equestrian establishment is to be ordered, the court may, by means of accommodation, order the provisional accommodation in one of these institutions if the public security requires it. (2) For the provisional intakes of the § § 114 to 115a, 116 (3) and (4), § § 117 to 119a, 123, 125 and 126 accordingly. § § 121, 122 shall apply in accordance with the condition that the Oberlandesgericht (Oberlandesgericht) shall examine whether the conditions of the provisional accommodation continue to exist. (3) The accommodation command shall be repealed if the conditions of the incitement are to be fulfilled. In the case of a psychiatric hospital or a descaling institution, the Court of First Instance shall not be present or if the Court of First Instance does not order the accommodation in a psychiatric hospital. The release of a legal remedy must not be allowed to stop the release. (4) If the person in question has a legal representative or an authorised representative within the meaning of § 1906 (5) of the Civil Code, decisions pursuant to paragraphs 1 to 3 shall also be announced to the said person. Unofficial table of contents

§ 127

(1) If a person is affected or persecuted in the course of a fresh act, if he is suspected of escaping or his identity cannot be immediately ascertained, he or she shall be entitled to arrest him provisionally, even without a judicial order. The identification of the identity of a person by the public prosecutor's office or the officers of the police service is determined in accordance with § 163b para. 1. (2) The public prosecutor's office and the officers of the police service are at risk in the event of default even then to the (3) If a criminal offence is only traceable on request, the provisional arrest shall be admissible even if an application has not yet been filed. is. This applies accordingly if a criminal offence can only be prosecutated with empowerment or criminal charges. (4) § § 114a to 114c shall apply for the provisional arrest by the Public Prosecutor's Office and the officers of the Police Service. Unofficial table of contents

§ 127a

(1) Where the accused has no permanent residence or residence within the scope of this Act, and if the conditions of an arrest warrant are not in place only because of a risk of escape, it may be disordered from his arrest or detention; or in the event of

1.

is not to be expected to impose a custodial sentence or a custodial measure of the improvement and security of the security, and

2.

the accused shall provide adequate security for the financial penalty to be expected and the costs of the proceedings.

(2) § 116a (1) and (3) shall apply accordingly. Unofficial table of contents

§ 127b

(1) The Public Prosecutor's Office and the officers of the police service shall be empowered to arrest a person concerned or a person who has been persecuted in the event of a fresh act, even if:

1.

an immediate decision is likely to be taken in the accelerated procedure, and

2.

on the basis of certain facts, it is to be feared that the arrest of the main hearing will be kept away.

§ § 114a to 114c apply accordingly. (2) An arrest warrant (Section 128 (2) sentence 2) may only be issued for the reasons mentioned in paragraph 1 against the act as a matter of urgency if the conduct of the main trial is to be carried out within one week after the arrest. is expected. The arrest warrant shall be limited to a maximum of one week from the date of arrest. (3) The judge responsible for carrying out the expedited procedure should decide on the issue of the arrest warrant. Unofficial table of contents

§ 128

(1) The arrested person, unless he is set free again, shall be presented immediately, no later than the day after the arrest, to the judge at the district court in whose district he has been arrested. The Judge dismises the lead pursuant to Section 115 (3). (2) If the judge does not consider the arrest to be justified or her reasons are removed, he shall order the release. Otherwise, it shall be issued at the request of the public prosecutor's office or, if a public prosecutor is not available, on the basis of an arrest warrant or a placement command. Section 115 (4) shall apply accordingly. Unofficial table of contents

Section 129

If the public action has already been brought against the detainee, he shall be presented to the competent court either immediately or at the disposal of the judge to whom he was first presented, which shall have no later than the day after the arrest. decide on the release, arrest or provisional detention of the arrested person. Unofficial table of contents

§ 130

Where an arrest warrant is issued on suspicion of an offence punishable only on application before the request is made, the person entitled to claim, of several at least one, shall be informed immediately of the adoption of the arrest warrant, and be informed that the arrest warrant shall be lifted if the request is not made within a time limit to be determined by the judge, which is not to exceed one week. If no criminal request is made within the time limit, the arrest warrant shall be lifted. This shall apply mutagenly if a criminal offence is only traceable with empowerment or with criminal charges. Section 120 (3) shall apply.

9a.
Other measures to ensure law enforcement and enforcement

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Section 131

(1) On the basis of an arrest warrant or a placement command, the judge or the public prosecutor's office and, if the danger is in default, their investigators (Section 152 of the Courts Constitution Act) may issue the invitation to tender for arrest (2) In order to ensure that the conditions of an arrest warrant or placement command are met, the decree of which cannot be awaited without endangering the success of the search, the public prosecutor's office and its investigators (§ 152 of the Court of Justice Act) shall arrange for the measures referred to in paragraph 1, if this is the provisional Arrest is required. The decision to adopt the arrest or placement command shall be taken immediately, within one week at the latest. (3) In the case of a criminal offence of significant importance, the Judges and the Judges may, in the cases referred to in paragraphs 1 and 2, be entitled to Public prosecutors also arrange for public prosecutions if other forms of residence determination would be considerably less promising or would be much more difficult. Under the same conditions, this power is in danger of default and if the judge or the public prosecutor's office cannot be reached in time, the investigators of the Public Prosecutor's Office (Section 152 of the Law on Judith Law) are also entitled to do so. In the cases of sentence 2, the decision of the Public Prosecutor's Office shall be brought about without delay. The order shall not enter into force if this confirmation does not take place within 24 hours. (4) The accused shall be described as accurate as possible and shall be described as necessary; an image may be attached. The act of which he is suspicious, place and time of their commission, as well as circumstances which may be of importance for the seizure, may be indicated. (5) § § 115 and 115a shall apply accordingly. Unofficial table of contents

Section 131a

(1) The invitation to tender for the determination of the residence of an accused or a witness may be ordered if his/her stay is not known. (2) Paragraph 1 shall also apply to alerts of the accused, insofar as they are intended to ensure a (3) On the basis of an invitation to tender for the purpose of determining the residence of an accused person or a witness, the following may be issued in the case of a person who has been subject to a request for recognition of his or her identity. A criminal offence of significant importance also ordered a public fainting (4) § 131 (4) applies accordingly. (4) If the person accused of committing the offence is urgently suspected of committing the offence and if the determination of the residence is otherwise considerably less promising or substantially more difficult. When a witness is determined to stay, it can be seen that the requested person is not a accused person. The public prosecution shall not be subject to a witness if the legitimate interests of the witness are preventable. Images of the witness may only be made in so far as the determination of their residence would otherwise be difficult or much more difficult. (5) Tendering in accordance with paragraphs 1 and 2 may be used in all law enforcement agencies of the law enforcement authorities shall be made. Unofficial table of contents

Section 131b

(1) The publication of images of an accused suspected of being a criminal offence of significant importance shall also be permitted if the investigation of a criminal offence, in particular the identification of the identity of an unknown perpetrator, shall be published. (2) The publication of images of a witness and references to the criminal proceedings on which the publication is based shall also be admissible if the Enlightenment a criminal offence of major importance, in particular the determination of the The identity of the witness, in other ways, would be hopeless or substantially more difficult. The publication must make it clear that the person pictured is not an accused person. (3) § 131 (4) sentence 1, first half sentence and sentence 2 shall apply accordingly. Unofficial table of contents

§ 131c

(1) Proceedings pursuant to § 131a (3) and (§ 131b) may be ordered only by the judge, in the event of danger in default also by the public prosecutor's office and its investigators (Section 152 of the Law Constitutional Law). Fahndungen according to § 131a (1) and (2) require the order by the public prosecutor's office; in the case of danger in default, they may also be ordered by their investigators (§ 152 of the Law Constitutional Law). (2) In cases of continual Publication in electronic media and in the case of repeated publication on television or in periodic printing works, the order of the Public Prosecutor's Office and its investigators (Section 152 of the Law of the Court of Justice) shall enter into force in accordance with paragraph 1 of this Article. Sentence 1 shall be invalidated if it is not confirmed within a week by the judge. Incidentally, the prosecution orders of the investigators of the Public Prosecutor's Office (Section 152 of the Law Constitutional Law) do not take effect if they are not confirmed by the Public Prosecutor's Office within one week. Unofficial table of contents

Section 132

(1) If the accused, who is in urgent suspicion of a criminal offence, has no permanent residence or residence within the scope of this law, but is not subject to the conditions of an arrest warrant, it may, in order to carry out the criminal proceedings, be shall be arranged to ensure that the accused person

1.

provides adequate security for the financial penalty to be expected and the costs of the proceedings; and

2.

a person residing in the district of the competent court for the receipt of deliveries is authorized.

§ 116a (1) applies accordingly. (2) Only the judge, in the case of danger in the case of danger, may also meet the public prosecutor's office and its investigators (Section 152 of the Law Constitutional Law). (3) The accused does not comply with the order, according to can be confiscated by means of transport and other goods which the accused person carries with him and which belong to him. § § 94 and 98 shall apply accordingly.

9b. Section
Preliminary professional ban

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§ 132a

(1) If there are urgent grounds for believing that a ban on the profession is to be imposed (Section 70 of the Criminal Code), the judge may decide by a decision the exercise of the profession, profession, business or business branch. prohibit provisionally. Section 70 (3) of the Penal Code applies accordingly. (2) The provisional prohibition of a profession shall be waived if its reason has fallen away or if the court does not impose the prohibition on the profession in the judgment in the judgment.

Tenth section
Questioning of the accused

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§ 133

(1) The accused shall be charged in writing for questioning. (2) The charge may be carried out under the threat that, in the event of a failure, its performance will be carried out. Unofficial table of contents

Section 134

(1) The immediate performance of the accused may be provided if there are grounds for justifying the adoption of an arrest warrant. (2) The accused person shall be accurately described in the order for the order and the offence he has been charged with. as well as the reason for the performance. Unofficial table of contents

§ 135

The accused shall immediately be preached to the judge and heard by him. It shall not be held any longer on the basis of the order of pre-order, than until the end of the day following the beginning of the performance. Unofficial table of contents

Section 136

(1) At the beginning of the first hearing, the accused shall be opened, the act which will be charged to him, and which criminal provisions shall be considered. He must point out that he is free under the law to comment on the accusation or to testify not to the cause, and at any time, even before his questioning, to question a defender to be elected by him. He shall also be informed that he or she may apply for individual proof-of-payment for his discharge and, under the conditions laid down in § 140 (1) and (2), be entitled to appoint a defender in accordance with Section 141 (1) and (3). In appropriate cases, the accused should also point out that he can speak in writing, as well as the possibility of a perpetrator-victim-compensation. (2) The testimonies shall give the accused an opportunity to oppose him. (3) In the first questioning of the accused, it is at the same time to consider the determination of his personal circumstances. Unofficial table of contents

§ 136a

(1) The freedom of decision-making and the activation of the will of the accused shall not be affected by any ill-treatment, fatigue, physical intervention, administration of means, torture, deception or deception; through hypnosis. It is only necessary to apply the law in so far as the criminal procedure is permitted. The threat of a measure inadmissible under its provisions and the promise of a non-statutory prejudice shall be prohibited. (2) Measures affecting the memory of the accused or the inability of the accused to be incapable of acting, shall not be permitted. (3) The prohibition of paragraphs 1 and 2 shall apply without regard to the consent of the accused. Statements which have been made in violation of this prohibition shall not be used even if the accused agrees to the exploitation.

Eleventh Section
Defence

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Section 137

(1) The accused may be in any position of the proceedings of the presence of a defender. The number of defenders elected shall not exceed three. (2) If the accused person has a legal representative, he/she may also choose a defender on his own. The second sentence of paragraph 1 shall apply accordingly. Unofficial table of contents

§ 138

(1) In the case of defenders, lawyers and legal teachers at German universities may be elected as judges in the sense of the Higher Education Framework Act. (2) Other persons can only be elected with the approval of the court. If, in the case of the necessary defence, the person elected does not belong to the persons who are allowed to be appointed defenders, it can also be admitted only in community with such a person as an electoral defender. (3) Can witnesses, Under the conditions laid down in paragraphs 1 and 2, the other persons referred to in the first sentence of this Article shall also be entitled to choose the other persons referred to in the first sentence of the first sentence of the second sentence of the second sentence of the second sentence of the second sentence. Unofficial table of contents

Section 138a

(1) A defender shall be excluded from participation in proceedings if he or she is, as a matter of urgency or in a degree justifying the opening of the main proceedings, suspicious that he/she is

1.

is involved in the fact that the object of the investigation is concerned,

2.

abuse the traffic with the accused person not at large to commit criminal offences or seriously endanger the safety of a law enforcement institution; or

3.

has committed an act which would be favourable in the event of the conviction of the accused person, the criminal offense or the hehlery.

(2) A defender shall also be excluded from participation in proceedings relating to a criminal offence pursuant to section 129a of the Criminal Code, including in conjunction with Section 129b (1) of the Criminal Code, if certain facts give rise to the suspicion that he or she is a member of the criminal code. the acts referred to in paragraph 1 (1) and (2) have been or are being committed. (3) The exclusion shall be repealed;

1.

as soon as their conditions are no longer available, but not solely because the accused person has been set free,

2.

if the defender acquitted in a main proceedings opened on account of the facts which led to the exclusion, or if, in a judgment of the judicial or professional court, a culpable violation of the professional duties with regard to the facts are not identified,

3.

if, not later than one year after the exclusion, the main proceedings have been opened in the criminal proceedings or in the judicial or professional proceedings, or a criminal order has been issued, on the grounds of the facts which led to the exclusion.

An exclusion which is to be waived in accordance with point 3 may be maintained for a limited period, but at the latest for the duration of a further year, if the particular difficulty or the specific scope of the case or another important factor is more important. (4) As long as a defender is excluded, he or she may not defend the accused in any other legal proceedings. In other matters, he may not seek the accused person who is not at large. (5) Other accused may not defend a defender as long as he is excluded, in the same proceedings, in other proceedings not, if this is the subject of an offence pursuant to Section 129a, also in conjunction with Section 129b (1), the Criminal Code, and the exclusion has been carried out in a procedure which also has the object of such a criminal offence. Paragraph 4 shall apply accordingly. Unofficial table of contents

Section 138b

From the participation in a proceeding which is one of the offences referred to in § 74a (1) No. 3 and § 120 (1) No. 3 of the Law of Justice or the non-performance of the duties under § 138 of the Criminal Code regarding the offences of the In accordance with Articles 94 to 96, 97a and 100 of the Criminal Code, a defence counsel shall be excluded even if, on the basis of certain facts, the acceptance is based on the assumption that his or her country is responsible for the protection of the external security of the country. Participation would lead to a danger to the security of the Federal Republic of Germany. Section 138a (3), first sentence, shall apply accordingly. Unofficial table of contents

§ 138c

(1) The decisions pursuant to § § 138a and 138b shall be taken by the Higher Regional Court. If, in the preparatory proceedings, the investigation is conducted by the Federal Prosecutor, or if the proceedings are pending before the Federal Court of Justice, the Federal Court of Justice shall decide. If the proceedings are pending before a Senate of a Higher Regional Court or the Federal Court of Justice, another Senate shall decide. (2) The court competent pursuant to paragraph 1 shall decide, after the public action has been brought up, until the final conclusion of the proceedings on presentation of the court in which the proceedings are pending, otherwise at the request of the public prosecutor's office. The submission shall be made at the request of the Public Prosecutor's Office or on its own account by the Office of the Public Prosecutor. If a defender is to be excluded, who is a member of a bar, a copy of the application of the public prosecutor's office in accordance with sentence 1 or the presentation of the court shall be communicated to the board of the competent attorney's chamber. (3) The court in which the proceedings are pending may order that the rights of the defender from Sections 147 and 148 to the decision of the court competent pursuant to paragraph 1 of this Article shall rest on the exclusion; it may be ordered that the court may order the resting of these rights also for the cases referred to in § 138a (4) and (5). Prior to the imposition of the public action and after a final conclusion of the proceedings, the order referred to in the first sentence shall be taken by the court which has to decide on the defence of the defender. The order shall be made by means of an indisputable decision. For the duration of the order, the court has to appoint a different defense attorney for the exercise of the rights from § § 147 and 148. (4) If the court in which the proceedings are pending, in accordance with paragraph 2, submit during the main hearing, it shall at the same time, by means of the submission of the main hearing, until the decision by the court competent in accordance with paragraph 1, suspend or suspend. The main trial may be suspended for up to thirty days. (5) The defender shall issue a divorce from his or her own decision or on the initiative of the accused person in proceedings, after the application for exclusion has been made in accordance with paragraph 2. , the Court of Justice of the European Parliament and the Court of Justice of the European Union have submitted a decision to the Court of Justice of the European Union for the purpose of determining whether the defence of the defender of the defender has been Procedure is allowed. The determination of inadmissibility is the same in the sense of § § 138a, 138b, 138d of the exclusion. (6) If the defender has been excluded from participation in the proceedings, he may be charged with the costs caused by the suspension. . The decision shall be taken by the court in which the proceedings are pending. Unofficial table of contents

§ 138d

(1) The defense of the defender is decided after oral proceedings. (2) The defender is to be charged at the date of the oral proceedings. The charge period shall be one week; it may be shortened to three days. The public prosecutor's office, the accused person and in the cases of § 138c (2) sentence 3 of the board of directors of the Bar Association shall be notified of the date for oral proceedings. (3) The oral proceedings can be held without the defense attorney. if it has been properly loaded and pointed out in the summons to the fact that it can be negotiated in its absence. (4) The oral proceedings shall be heard by the parties present. § 247a (2) sentence 1 shall apply mutas to the hearing of the Board of the Bar Association. The Court of First Instance shall determine the extent of the taking of evidence in accordance with the discretion of the Court. A record is to be recorded at the hearing; § § 271 to 273 shall apply accordingly. (5) The decision shall be announced at the end of the oral proceedings. If this is not possible, the decision must be taken within one week at the latest. (6) The decision which excludes a defender from the grounds mentioned in § 138a or which concerns a case of § 138b is immediate. Appeal admissible. The Board of Directors of the Bar Association does not have a right to complain. A decision to reject the exclusion of the defender pursuant to § 138a is not countervailable. Unofficial table of contents

Section 139

The lawyer elected as a defender may, with the consent of the lawyer who elected him, defend a legal person who has passed the first examination for the judicial service and has been engaged in it for at least one year and three months. is transmitted. Unofficial table of contents

§ 140

(1) The involvement of a defender is necessary if:

1.

the main trial takes place in the first legal proceedings before the Higher Regional Court or the District Court;

2.

the accused is accused of committing a crime;

3.

the procedure may lead to a professional ban;

4.

is enforced against an accused of pre-trial detention in accordance with § § 112, 112a or provisional accommodation in accordance with § 126a or § 275a (6);

5.

the accused person has been in an institution for at least three months on the basis of a judicial order or with a judicial authorisation, and is not dismissed at least two weeks before the start of the main hearing;

6.

in order to prepare an opinion on the mental condition of the accused, his accommodation according to § 81 shall be eligible;

7.

a security procedure is carried out;

8.

the previous defender is excluded from participation in the proceedings by a decision;

9.

A lawyer has been assigned to the injured person in accordance with § § 397a and 406g (3) and (4).

(2) In other cases, the Chairman shall appoint a defence counsel at the request or on its own account if, on account of the seriousness of the act or because of the difficulty of the legal or legal situation, the participation of a defender appears to be necessary or if: It can be seen that the accused cannot defend himself. The request of an auditor or a language-impaired person is to be accepted. (3) The appointment of a defendant pursuant to paragraph 1 (5) may be cancelled if the accused person at least two weeks before the start of the main hearing from the institution. in the EU. The defence referred to in paragraph 1 (4) shall be placed under the conditions laid down in paragraph 1 (5) for the further procedure, unless another defence counsel is appointed. Unofficial table of contents

Section 141

(1) In the cases of § 140 (1) Nos. 1 to 3, 5 to 9 and 2 (2), a defender shall be appointed to the accused person who has not yet received a defense attorney, as soon as he has been requested to make a statement on the indictof in accordance with § 201. (2) only later that a defender is required, he will be ordered immediately. (3) The defender can also be ordered during the pre-trial. The public prosecutor's office requests this if, in their opinion, the involvement of a defender in accordance with Section 140 (1) or (2) will be necessary in the court proceedings. After the conclusion of the investigation (§ 169a) he is to be ordered at the request of the prosecutor's office. In the case of § 140 (1) no. 4, the defender shall be appointed immediately after the commencement of enforcement. (4) The chairman of the court who is responsible for the main proceedings or in which the proceedings are pending shall decide on the order, or the court which is responsible for a judicial hearing applied for by the public prosecutor pursuant to § 162 (1) sentence 1 or sentence 3 if the public prosecutor's office considers this to be necessary to speed up the proceedings; in the case of § 140 Paragraph 1 (4) shall determine the competent court in accordance with Section 126 or Article 275a (6). Unofficial table of contents

Section 142

(1) Prior to the appointment of a defender, the accused shall be given the opportunity to designate, within a period to be determined, a defender of his choice. The chairman appoints this, if there is no important reason to oppose it. (2) In the cases of § 140 (1) no. 2, 5 and 9 as well as § 140 (2), even legal persons who have passed the prescribed first examination for the judicial service may also be entitled to and have been employed for at least one year and three months, are appointed as defenders for the first legal suit, but not with the court whose judges they are referred to for training. Unofficial table of contents

Section 143

The order is to be withdrawn if another defender is elected in the near future and the other defender accepts the election. Unofficial table of contents

Section 144

(dropped) Unofficial table of contents

§ 145

(1) If, in a case in which the defence is necessary, the defender in the main trial remains untimely, or refuses to lead the defence, the Chairman immediately has another defendant to the defendant. Defenders to order. The court may, however, also decide to suspend the trial. (2) If the necessary defender is appointed in accordance with Section 141 (2) only in the course of the main hearing, the court may decide to suspend the trial. (3) Explain the (4) If the defender reordered that the time required for the preparation of the defence would not remain, the trial shall be suspended or suspended. (4) If a suspension is required by the guilt of the defender, then the defender shall be suspended. to impose the costs on it. Unofficial table of contents

Section 145a

(1) The elected defender, whose authority is in the files, and the defender appointed shall be deemed to be authorized to receive deliveries and other communications for the accused person. (2) A summons of the accused shall be sent to the the defender shall be served only if he is expressly authorized to receive charges in a power of attorney in the case of the files. § 116a (3) shall remain unaffected. (3) If a decision is delivered to the defender in accordance with paragraph 1, the accused shall be informed accordingly; at the same time, he shall receive a copy of the decision informally. If a decision is delivered to the defendant, the defender shall be informed at the same time, even if a written authority does not exist in the case of the file; he shall receive a copy of the decision in the form of a copy. Unofficial table of contents

Section 146

A defender cannot defend several of the same deeds at the same time. In a procedure, he cannot simultaneously defend several different acts of defendant. Unofficial table of contents

§ 146a

(1) If a person has been elected as a defender, although the conditions of § 137 (1) sentence 2 or § 146 are available, he shall be rejected as a defender as soon as this becomes recognizable; the same shall apply if the conditions of § 146 after the Enter the election. If, in the cases of § 137 (1) sentence 2, several defenders simultaneously display their choice and thereby the maximum number of eligible defenders is exceeded, they shall be rejected all. The Court of First Instance decides on the rejection of the proceedings in which the proceedings are pending or which would be responsible for the main proceedings. (2) Actions which a defender made prior to the refoulement shall not therefore be ineffective, because the The requirements of § 137 (1) sentence 2 or § 146 were available. Unofficial table of contents

Section 147

(1) The defender shall be entitled to inspect the files which are available to the court or to be presented to the court in the case of the prosecution of the prosecution, and to inspect officially custody of evidence. (2) The conclusion of the investigation is not yet in the Records shall be denied to the defender to inspect the files or individual parts of the file, as well as the inspection of evidence which has been officially dismissed, insofar as this may jeopardise the purpose of the investigation. If the conditions set out in sentence 1 are met and if the accused is in pre-trial detention or if it is requested in the case of provisional arrest, the defender shall be the person responsible for assessing the lawfulness of the deprivation of liberty (3) The insight into the minutes of the testimonies of the accused person and of such judicial investigative acts, where the defender has been allowed to be present or would have been allowed to , as well as in the expert opinions of experts, the defender may not be dismissed in any position of the proceedings. (4) On request, the defender, unless there are important reasons to oppose it, shall be required to file the files with the exception of the evidence. Inspection of his or her business premises or in his apartment. The decision shall not be appealable. (5) In the preparatory proceedings and after the final conclusion of the proceedings, the public prosecutor's office shall decide on the granting of the inspection of the file, and the chairman of the matter shall also decide on the matter. Court. If the public prosecutor's office fails to inspect the files after the conclusion of the investigation in the files, the public prosecutor's office fails to inspect paragraph 3, or if the accused is not at liberty, the court decision may be taken as a result of the investigation. by the court competent pursuant to Section 162. § § 297 to 300, 302, 306 to 309, 311a and 473a shall apply accordingly. These decisions will not be provided for reasons which could jeopardise the purpose of the investigation. (6) If the reason for the failure to inspect the files is not previously eliminated, the Public Prosecutor's Office shall lift the Arrangement at the latest with the conclusion of the investigation. The defender shall be notified as soon as the right of access to the file is fully restored. (7) The accused, who has no defence counsel, shall, on his request, be given information and copies from the files, as far as this is to be done. of an adequate defence, the purpose of the investigation, including in other criminal proceedings, cannot be jeopardised and that the interests of third parties which are not prejudicial to the law are contrary to the protection of legitimate interests. The second sentence of paragraph 2, first half-sentence, paragraph 5 and section 477 (5) shall apply accordingly. Unofficial table of contents

§ 148

(1) The accused person, even if he is not on a free foot, is permitted to communicate with the defender in writing and verbally. (2) If a accused person is not at liberty to act according to § 129a, also in connection with § 129a. 129b (1) of the Criminal Code, the Court of First Instance is to order that documents and other objects must be rejected in the traffic with defenders, unless the shipper agrees to the fact that they are first to in accordance with § 148a. If there is no warrant for an offence pursuant to section 129a, including in connection with Section 129b (1) of the Criminal Code, the decision shall be taken by the court which would be responsible for issuing an arrest warrant. If the written traffic is to be monitored in accordance with the first sentence, provision should be made for means for discussions with defenders to exclude the handing over of documents and other objects. Unofficial table of contents

Section 148a

(1) In order to carry out surveillance measures pursuant to Section 148 (2), the judge shall have jurisdiction in the district court in whose district the law enforcement institution is located. If a complaint is to be made under section 138 of the Criminal Code, documents or other items resulting from the obligation to display are to be provisionally held in custody; the provisions on the seizure shall remain (2) The judge who is responsible for surveillance measures shall not be concerned with the subject matter of the investigation or shall not be referred to it. The judge shall maintain secrecy over the knowledge he obtains in the course of the surveillance; § 138 of the Criminal Code shall remain unaffected. Unofficial table of contents

§ 149

(1) The spouse or life partner of a defendant shall be admitted as a counsel in the main hearing and shall be heard at his request. The time and place of the main trial shall be communicated to him in good time. (2) The same shall apply from the legal representative of a defendant. (3) In the preliminary proceedings, the approval of such advisers shall be subject to the judicial discretion. Unofficial table of contents

Section 150

(dropped)

Second book
Procedure in the first legal proceedings

First section
Public action

Unofficial table of contents

Section 151

The opening of a judicial inquiry is due to the imposition of a complaint. Unofficial table of contents

Section 152

(1) The Public Prosecutor's Office is appointed to collect the public action. (2) It is obliged, unless otherwise stipulated by law, to intervene on the grounds of all trackable offences, provided that there is sufficient real evidence of such offences. exist. Unofficial table of contents

§ 152a

National legislation on the conditions under which criminal prosecution may be initiated or continued against members of an institution of the legislation are also applicable to the other countries of the Federal Republic of Germany and to the Confederation effective. Unofficial table of contents

Section 153

(1) Where the procedure is an object, the Public Prosecutor's Office may, with the consent of the court responsible for the opening of the main proceedings, depart from the persecution if the fault of the offender is to be regarded as low and no public interest in the persecution. The consent of the court does not require a crime which is not punishable by a minimum sentence and in which the consequences caused by the act are small. (2) If the action has already been filed, the court may in any case be able to Position of the procedure under the conditions set out in paragraph 1, with the consent of the public prosecutor's office and of the accused person. The consent of the accused does not require it if the main hearing cannot be carried out for the reasons stated in § 205 or in the cases of § 231 para. 2 and § § 232 and 233 in its absence. The decision shall be taken by decision. The decision shall not be countervailable. Unofficial table of contents

§ 153a

(1) With the consent of the court responsible for the opening of the main proceedings and of the accused, the Public Prosecutor's Office may, in the event of a misdeed, provisionally disregard the imposition of the public action and, at the same time, impose conditions on the accused and the accused. Give instructions if they are appropriate to remove the public interest in law enforcement and do not conflict with the gravity of the debt. In particular, conditions or instructions shall be considered,

1.

in order to repair the damage caused by the act, to provide a certain service;

2.

to pay a sum of money in favour of a non-profit-making body or the treasury,

3.

providing otherwise non-profit-making services,

4.

to comply with maintenance obligations at a certain level,

5.

to make a serious effort to compensate for the injured (offender victim compensation) and, in doing so, to make good or to the majority of its action good or to seek redress for the purpose,

6.

to take part in a social training course, or

7.

take part in a postgraduate seminar according to § 2b (2) sentence 2 or a driving fitness seminar in accordance with § 4a of the Road Traffic Act.

In order to comply with the requirements and instructions, the Public Prosecutor's Office shall set a time limit for the accused in the cases of the second sentence of sentence 1 to 3, 5 and 7 for a maximum period of six months, in the cases in the case of the second sentence of the sentence 2, points 4 and 6, for a maximum of one year. The Public Prosecutor's Office may subsequently lift conditions and instructions and extend the time limit once for a period of three months; with the consent of the accused, it may also impose conditions and instructions retrospectily and amend them. If the accused fulfils the requirements and instructions, the deed can no longer be pursued as a misdeed. If the accused does not comply with the conditions and instructions, the services which he has provided for the performance shall not be reimbursed. Section 153 (1) sentence 2 shall apply in the cases of the second sentence of the second sentence of sentence 1 to 6. (2) If the action has already been filed, the court may, with the consent of the Public Prosecutor's Office and the accused person, the proceedings until the end of the main hearing in which the actual findings are last shall be provisionally suspended and shall at the same time issue to the accused the conditions and instructions referred to in the first sentence of paragraph 1 and 2. The provisions of paragraphs 1, 3 to 6 and 8 shall apply accordingly. The decision referred to in the first sentence shall be taken by decision. The decision shall not be countervailable. Sentence 4 shall also apply to a determination that the conditions and instructions given in accordance with sentence 1 have been fulfilled. (3) During the course of the period laid down for the performance of the conditions and instructions, the limitation period shall be suspended. (4) § 155b shall apply in the case of the Paragraph 1, second sentence, point 6, also in conjunction with paragraph 2, with the proviso that personal data relating to criminal proceedings which do not concern the accused person to the person responsible for carrying out the social training course shall be subject to the provisions of the following paragraphs: shall be authorised only to the extent that the persons concerned have been sent to the have agreed. The provisions of the first sentence shall apply if, in accordance with other provisions of criminal law, the instructions are given to take part in a social training course. Unofficial table of contents

Section 153b

(1) If the conditions under which the Court of First Instance could be punished, the Public Prosecutor's Office may, with the consent of the Court of First Instance, which would be responsible for the main hearing, depart from the imposition of the public action. (2) If an action has already been filed, the court may, until the start of the main hearing with the consent of the Public Prosecutor's Office and the accused person, cease the proceedings. Unofficial table of contents

§ 153c

(1) The Public Prosecutor's Office may depart from the prosecution of criminal offences,

1.

who are committed outside the territorial scope of this Act or who have committed a participant in an act committed outside the territorial scope of that law in this area,

2.

who has committed a foreign national on a foreign ship or aircraft,

3.

if in the cases of § § 129 and 129a, in connection with Section 129b (1), of the Penal Code, the association does not exist, or is not predominantly domesticated, and the participating acts committed in the national territory are of secondary importance or be limited to mere membership.

In the case of deeds punishable under the International Criminal Code, § 153f. (2) The Public Prosecutor's Office may depart from the prosecution of a deed if, in fact, a sentence has already been executed abroad against the accused person and in the country of the country. (3) The Public Prosecutor's Office may also depart from the prosecution of criminal offences committed in the course of the criminal proceedings. (3) The prosecution of the criminal offender may also be subject to the prosecution of criminal offences. the territorial scope of this law by an outside of this area , where the conduct of the proceedings would lead to the risk of a serious disadvantage for the Federal Republic of Germany or if the pursuit of other overriding public interests is contrary to the proceedings. (4) the action has already been brought, the public prosecutor's office may, in the cases referred to in paragraph 1 (1), (2) and (3), withdraw the action in any situation of the proceedings and cease the proceedings if the conduct of the proceedings is in danger of heavy disadvantage for the Federal Republic of Germany, or if the (5) If the proceeding is subject to the offences of the kind referred to in § 74a (1) Nos. 2 to 6 and § 120 (1) No. 2 to 7 of the Law on the Law of the Courts, these are the subject of such offences. Powers to the Federal Attorney General. Unofficial table of contents

§ 153d

(1) The Federal Prosecutor General may depart from the prosecution of criminal offences of the kind referred to in Section 74a (1) No. 2 to 6 and in § 120 (1) No. 2 to 7 of the Law of the Court of Justice if the conduct of the proceedings is the risk of a serious (2) If the action has already been filed, the Federal Prosecutor-General may be referred to in paragraph 1 above. Conditions to take back the action in any state of the proceedings and the proceedings . Unofficial table of contents

§ 153e

(1) If the proceedings are subject to the offences of the kind referred to in § 74a (1) No. 2 to 4 and in § 120 (1) No. 2 to 7 of the Law on the Law of the Court, the Federal Prosecutor General may, with the consent of the Federal Office of Justice, Court of Justice of the Higher Regional Courts of the Court of Justice shall not be able to prosecute such a deed if, in fact, the offender has contributed to the conduct of the offender or the security of the offender after the fact that the offender has become aware of the fact that the offender has Federal Republic of Germany or the constitutional order. The same shall apply if the offender has made such a contribution by virtue of the fact that he is indeed his/her continuous knowledge of the aspirations of treason, the threat to the democratic rule of law or the treason of the country and of the (2) If the action has already been filed, the Oberlandesgericht (Oberlandesgericht), which is competent in accordance with Section 120 of the Law Constitutional Law, may, with the consent of the Federal Prosecutor General, the proceedings under the (1). Unofficial table of contents

§ 153f

(1) The Public Prosecutor's Office may depart from the prosecution of an act which is punishable in accordance with § § 6 to 14 of the International Criminal Code in the cases of § 153c (1) no. 1 and 2 if the accused does not hold up domesticly and such a Stay is not to be expected either. If, in the cases of Section 153c (1) (1) (1), the accused is German, this shall only apply if the act is carried out before an international court of justice or by a State in whose territory the act is committed or by a member of that State through the act of (2) The Public Prosecutor's Office may, in particular, depart from the prosecution of an act which is punishable under § § 6 to 14 of the International Criminal Code in the cases of § 153c (1) no. 1 and 2 if:

1.

there is no suspicion of a German,

2.

the deed was not committed against a German,

3.

no suspicious person is staying in the country and such a stay is not to be expected, and

4.

the action is taken before an international Court of Justice or by a State in whose territory the act was committed, the person of which is suspected or whose relative was infringed by the deed.

The same shall apply if a foreigner accused of doing so abroad is resident in the country, but the conditions laid down in the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the second sentence of the second sentence of the second sentence of the second sentence of the following State is admissible and intended. (3) If, in the cases referred to in paragraph 1 or 2, the public action has already been filed, the Public Prosecutor's Office may withdraw the action in any state of the proceedings and discontinue the proceedings. Unofficial table of contents

Section 154

(1) The Public Prosecutor's Office may depart from the prosecution of an act,

1.

if the punishment or the measure of improvement and protection to which the persecution can lead, in addition to a penalty or measure of improvement and security, which has been legally imposed on the accused on account of another act, or which has the effect of: due to a different deed, it is not significant or significant, or

2.

in addition, if a judgment is not to be expected due to this act within a reasonable period of time, and if a sentence or measure of improvement and security which has been legally imposed on the accused person or which he/she is due to have on account of another act , to be expected to act on the perpetrator and to defend the legal order.

(2) If the public action has already been filed, the Court of First Instance may, at the request of the Public Prosecutor's Office, provisionally set the proceedings in any situation. (3) If the proceedings have already been recognised as having been legally binding on the basis of a different deed. If a sentence or a measure of improvement and security has been suspended for the time being, it may be resumed if the period of limitation has not occurred, if the penalty or measure of improvement and security recognized by the law is valid. (4) If the procedure is to be taken into account for a different deed If a penalty or a measure of improvement and security has been provisionally suspended, it may, if not already provided for limitation, be resumed within three months of the legal force of the judgment given in respect of the other act (5) If the Court of First Instance has provisionally suspended the proceedings, it shall be required to resume a court decision. Unofficial table of contents

Section 154a

(1) Fallen individual separable parts of a deed or individual of several violations of the law committed by the same deed,

1.

for the penalty to be expected or the measure of improvement and security, or

2.

in addition to a penalty or measure of improvement and security, which has been legally imposed on the accused on account of another act or which he or she has to expect because of a different act,

, the pursuit of the rest may be limited to the rest of the act or to the other violations of the law. Section 154 (1) (2) shall apply accordingly. (2) After the filing of the indictup, the court may, with the consent of the Public Prosecutor's Office, carry out the restriction in any state of the proceedings. (3) The court may, in any position of the proceedings, to include parts of a deed or violations of the law in the proceedings. A request from the Public Prosecutor's Office for inclusion shall be appropriate. Section 265 (4) shall be applied accordingly if the parts which have been exited are taken into account again. Unofficial table of contents

§ 154b

(1) The collection of the public action may be waiver if the accused is extradited because of the act of a foreign government. (2) The same shall apply if he is extradited to a foreign government for another act, or if he/she is not. is transferred to an international criminal court and the punishment or the rule of order of improvement and security, to which the domestic persecution can lead, in addition to the punishment or the rule of order of improvement and security against him abroad has been legally imposed or has to be expected abroad, not in the weight of (3) It is also possible to withdraw from the collection of the public action if the accused is expelled from the scope of this Federal Law. (4) In the cases of paragraphs 1 to 3, the public action has already been filed, so the court, at the request of the public prosecutor's office, provisionally. Section 154 (3) to (5) shall apply with the proviso that the period referred to in paragraph 4 shall be one year. Unofficial table of contents

§ 154c

(1) If a coercion or extortion (§ § 240, 253 of the Criminal Code) has been committed by the threat to disclose a criminal offence, the prosecution may depart from the prosecution of the deed, whose disclosure has been threatened, if: (2) Shows the victim of a coercion or extortion (§ § 240, 253 of the Criminal Code) (§ 158) and, as a result, becomes aware of a crime committed by the victim, so can the Prosecutor's office dismises from the prosecution of the crime, if not because of the seriousness of the act Atonation is essential. Unofficial table of contents

§ 154d

If the imposition of the public action on the basis of a failure depends on the assessment of a question to be assessed in accordance with civil law or administrative law, the Public Prosecutor's Office may, in order to discharge the question in the bourgeois A period of time shall be determined by litigation or by the administrative dispute procedure. This must be notified to the indicating body. After fruitless expiry of the deadline, the Public Prosecutor's Office can set the procedure. Unofficial table of contents

§ 154e

(1) Apart from the imposition of the public action on the grounds of a false suspicion or insult (§ § 164, 185 to 188 of the Criminal Code), except as long as a criminal or alleged act is subject to a criminal or alleged act of action, the court or the law shall not be charged with any criminal or legal proceedings. (2) If the public action or a private action has already been filed, the court shall issue the proceedings pending the conclusion of the criminal or disciplinary proceedings on the grounds of the act indicated or alleged. (3) Until on the conclusion of criminal or disciplinary proceedings on the grounds of the act shown or alleged Rests the statute of limitations to the prosecution of the false suspicion or insult. Unofficial table of contents

§ 154f

If the opening or carrying out of the main proceedings is in the absence of the accused person or another obstacle in his/her person for a long period of time, and if the public action has not yet been filed, the Public Prosecutor's Office may: to set the procedure on a provisional basis after it has clarified the facts as far as possible and has secured the evidence as far as necessary. Unofficial table of contents

§ 155

(1) The investigation and decision shall apply only to the act referred to in the action and to the persons accused by the lawsuit. (2) Within those limits, the courts shall be entitled and obliged to carry out an independent activity; in particular, they are not bound by the application of the Criminal Code to the applications submitted. Unofficial table of contents

Section 155a

The Public Prosecutor's Office and the Court of First Instance are to examine, at each stage of the proceedings, the possibilities of achieving a balance between defensive and infringed persons. In appropriate cases, they shall act on them. The suitability shall not be accepted against the express will of the injured person. Unofficial table of contents

Section 155b

(1) The Public Prosecutor's Office and the General Court may, for the purpose of the offender's victim compensation or the damage recovery of any authority they have carried out with the implementation, on their own behalf or on their application, the necessary personal data. The files may also be sent to the authorized body for inspection, provided that the issuing of information would require a disproportionate effort. A non-public body must be informed that it may only use the data transmitted for the purposes of the offender victim compensation or the damage compensation. (2) The delegated body may submit the data transmitted in accordance with paragraph 1. -only process and use personal data to the extent that this is necessary for the execution of the perpetrator-victim-compensation or the damage reparation and does not prevent the interests of the person concerned that are worthy of protection. It may only collect personal data and process and use the collected data in so far as the data subject has consented to it and this is necessary for the execution of the perpetrator-victim compensation or the damage compensation. After the completion of her duties, she shall report to the necessary extent of the public prosecutor's office or the court. (3) If the appointed body is a non-public body, the provisions of the third section of the Federal Data Protection Act shall be found also if the data are not processed in or out of files. (4) The documents bearing the personal data referred to in the first and second sentences of paragraph 2 shall be submitted by the authorized body after the end of a year since the end of the Criminal proceedings to be destroyed. The Public Prosecutor's Office or the General Court shall immediately inform the competent authority of its own motion on the date of the closure of the proceedings. Unofficial table of contents

Section 156

The public action cannot be withdrawn following the opening of the main proceedings. Unofficial table of contents

Section 157

For the purposes of this law,
The accused person against which the public action has been brought,
Defendant of the accused or of the accused, against which the opening of the main proceedings is decided.

Second section
Preparation of the public action

Unofficial table of contents

Section 158

(1) The display of a criminal offence and of criminal proceedings may be made verbally or in writing by the Public Prosecutor's Office, the authorities and officials of the Police Service and the Local Courts. (2) In the case of offences whose persecution only occurs upon request, the application must be made in writing or in writing to a court or to the public prosecutor's office, in writing to another authority. (3) Where an infringer resident in the territory of the country shows an offence committed in another Member State of the European Union, the Public Prosecutor's Office shall forward the complaint to the competent law enforcement authority of the other person at the request of the injured person. Member State, if the German criminal law does not apply to the act or from the Prosecution of the deed pursuant to § 153c (1) sentence 1, point 1, also in conjunction with § 153f, is to be waited. The transmission may be waited if:

1.

the act and the circumstances of the competent foreign authority which are essential to its pursuit are already known; or

2.

the unlegal content of the act is low and the injured person would have been able to view it abroad.

Unofficial table of contents

Section 159

(1) If there is evidence that someone has died of a non-natural death, or if the body of an unknown person is found, the police and municipal authorities shall be sent immediately to the public prosecutor's office or to the public prosecutor's office. (2) The written permission of the Public Prosecutor's Office is required for the burial. Unofficial table of contents

§ 160

(1) As soon as the public prosecutor's office becomes aware of the suspicion of a criminal offence by means of an advertisement or other means, it shall investigate the facts of the case in its resolution on whether the public action is to be brought. (2) The The public prosecutor's office has to investigate not only the circumstances of the burden, but also the circumstances that serve to relieves the burden, and to ensure that the evidence is collected, the loss of which is to be obtained. (3) The investigation of the prosecutor's office is to be extend also to the circumstances which are relevant to the determination of the legal consequences of the act. In order to do this, it can be used by the Court of Justice. (4) A measure is inadmissible in so far as special federal law or corresponding state-of-the-art regulations are in conflict. Unofficial table of contents

§ 160a

(1) An investigative measure against a person referred to in Article 53 (1), first sentence, number 1, 2 or 4, a lawyer, a person admitted to a bar in accordance with Section 206 of the Federal Act of Law, or a person who is not a member of the legal profession. The Chamber's councilor is responsible for and is expected to provide information on which it should refuse the testimony, is inadmissible. However, findings obtained may not be used. Any record of such information shall be deleted immediately. The fact of obtaining and deleting the records shall be subject to the action of the person concerned. The sentences 2 to 4 shall apply accordingly where an investigative measure not directed against a person referred to in the first sentence of sentence 1 shall apply to the person concerned by the said person. (2) Where an investigative measure affects a person referred to in § 53 (1) sentence 1, No. 3 to 3b or No. 5, and is likely to obtain knowledge this person would be likely to refuse the certificate, this is in the context of the examination of the In particular, the Court of Justice of the European Parliament and the Council of the European Union shall take account of the fact that the Court of Justice of the European Union is not responsible for any criminal offence or is not responsible for any criminal To the extent necessary, the measure shall not be restricted or, where appropriate, be limited in accordance with the nature of the measure. Sentence 1 shall apply to the utilization of evidence for evidence purposes. The sentences 1 to 3 shall not apply to lawyers, persons who are admitted to a legal chamber in accordance with Section 206 of the Federal Act of Lawyers and Chamber Legal Counsel. (3) The (4) paragraphs 1 to 3 shall not apply if certain facts give rise to the suspicion that the person entitled to refuse the certificate shall be entitled to: of the deed or of a beneficiary, of a criminal offence or of a hehlery. If the act is only trackable upon request or only with authorization, sentence 1 shall be applied in the cases of § 53 (1) sentence 1 no. 5 as soon as and to the extent that the application is filed or the empowerment is granted. (5) § § 97 and 100c (6) remain unaffected. Unofficial table of contents

§ 160b

The Public Prosecutor's Office may discuss the state of the proceedings with the parties involved in the proceedings, in so far as it appears appropriate to promote the procedure. The main content of this discussion is to be informed. Unofficial table of contents

Section 161

(1) The public prosecutor's office shall be empowered to request information from all authorities and to carry out investigations of any kind, either by itself or by the authorities and officers of the police service, in respect of the purpose referred to in Article 160 (1) to (3). in so far as other legal provisions do not regulate their powers in particular. The authorities and officers of the police service are obliged to comply with the request or order of the public prosecutor's office and, in this case, have the power to request information from all the authorities. (2) Is a measure under this law only on suspicion of certain offences may, without the consent of the persons affected by the measure, for evidence in the criminal proceedings, the personal data obtained under other laws may only be used for the purpose of reconnaissance of such offences shall be used for the investigation of such offences, this law should have been ordered. § 100d (5) (3) remains unaffected. (3) Personal data acquired in or out of an apartment from the use of technical means for self-assurance in the course of non-open investigations on the basis of police law may be taken into consideration. the principle of proportionality for evidence is only used (Article 13 (5) of the Basic Law) if the district court (Section 162 (1)), in whose district the issuing body has its registered office, has established the legality of the measure; In the event of danger in default, the judicial decision shall be taken up without delay. Unofficial table of contents

§ 161a

(1) Witnesses and experts shall be obliged to appear on summons in front of the Public Prosecutor's Office and to testify to the matter or to report to it. Unless otherwise specified, the provisions of the sixth and seventh sections of the first book on witnesses and experts shall apply accordingly. (2) In the event of an unauthorised failure or unauthorised refusal of a witness or expert, the authority to determine the measures provided for in § § 51, 70 and 77 of the Public Prosecutor's Office shall be entitled to the right to refuse the hearing. However, the determination of the detention shall be reserved to the court competent pursuant to § 162. (3) The court decision may be filed against decisions of the Public Prosecutor's Office pursuant to the first sentence of paragraph 2 by the court competent pursuant to Section 162. The same shall apply if the public prosecutor's office has taken decisions within the meaning of Section 68b. § § 297 to 300, 302, 306 to 309, 311a and 473a apply respectively accordingly. Court decisions under sentences 1 and 2 shall be indisputable. (4) A public prosecutor's office shall seek another prosecutor's office to hear a witness or expert, and the powers referred to in the first sentence of paragraph 2 shall also be the subject of the requested the public prosecutor's office. Unofficial table of contents

Section 162

If the Public Prosecutor's Office considers that it is necessary to carry out a judicial inquiry, it shall submit its applications to the District Court, in the district of which it or its applicant submit the application, before the public action has been brought. Branch office has its seat. If it considers it necessary to issue a detention order or a placement warrant, it may, without prejudice to § § 125, 126a, also make such a request at the court referred to in the first sentence. In the case of judicial interrogations and eye phenomena, the district court in whose district these investigations are to be carried out shall be competent if the prosecutor's office is to do so in order to speed up the proceedings or to avoid charges. (2) The Court of First Instance has to examine whether the requested act is legally admissible in the circumstances of the case. (3) After the public action has been raised, the Court of First Instance is competent to deal with the case. During the review process, the court is responsible for the judgment of which the judgment is contested. After a final conclusion of the procedure, paragraphs 1 and 2 shall apply accordingly. After a request for a retrial, the court responsible for decisions in the retrial shall be the competent authority. Unofficial table of contents

Section 163

(1) The authorities and officers of the police service shall investigate criminal offences and shall not make any postponement of any orders to prevent the obscurity of the case. To this end, they are empowered to request information from all the authorities, in the event of a risk of default, to request information, and to carry out investigations of any kind unless other legal provisions particularly govern their powers. (2) Authorities and officers of the police service are sending their negotiations without the procuration of the public prosecutor's office. (3) In the case of the hearing of a witness by officers of the police service, § 52 (3), 55 (2), (2), § 57, first sentence, and § § 58, 58a, 58b, 68 to 69 shall apply accordingly. The public prosecutor's office decides on a gesture in accordance with the first sentence of § 68 (3) and the apportion of a witness board; the necessary decisions shall also be taken by the person who is the person who is responsible for the hearing. In the case of decisions made by officers of the police service pursuant to section 68b (1) sentence 3, § 161a (3) sentences 2 to 4 shall apply accordingly. Section 52 (3) and Article 55 (2) shall apply mutamatters to the information provided to the expert by officers of the police service. In the cases referred to in § 81c (3) sentences 1 and 2, § 52 (3) shall also apply in the case of investigations carried out by officers of the police service. Unofficial table of contents

§ 163a

(1) The accused shall be heard no later than before the conclusion of the investigation, unless the procedure leads to the cessation. Section 58a (1), first sentence, (2) and (3) and section 58b shall apply accordingly. In simple matters it is sufficient for him to be given the opportunity to express himself in writing. (2) If the accused request for his discharge the admission of evidence, they must be raised if they are of importance. (3) The accused is shall be obliged to appear before the Public Prosecutor's Office on a charge. Sections 133 to 136a and 168c (1) and (5) shall apply accordingly. On the request of the accused, the court decides on the legality of the performance of the performance. § § 297 to 300, 302, 306 to 309, 311a and 473a shall apply accordingly. The decision of the court is indisputable. (4) In the case of the first hearing of the accused by police officers, the accused person must be opened, what is the act he is accused of. Moreover, in the case of the hearing of the accused by officers of the police service, § 136 (1) sentences 2 to 4, para. 2, 3 and § 136a are to be applied. (5) § 187 (1) to (3) and § 189 (4) of the Law on Judith Law apply accordingly. Unofficial table of contents

§ 163b

(1) If a person is suspected of a criminal offence, the Public Prosecutor's Office and the officers of the police service may take the measures necessary to establish his or her identity; Section 163a (4) sentence 1 shall apply accordingly. The suspect may be detained if otherwise the identity cannot be identified or can only be identified with considerable difficulty. Under the conditions set out in the second sentence, the search for the person of the suspect and the things he has carried out and the execution of recognition services are also permitted. (2) If and to the extent that this is a criminal offence, , it is also possible to establish the identity of a person who is not suspected of a criminal offence; Section 69 (1) sentence 2 shall apply accordingly. Measures of the kind referred to in the second sentence of paragraph 1 shall not be taken if they are disproportionate to the meaning of the case; measures of the kind referred to in the third sentence of paragraph 1 shall not be taken against the will of the person concerned . Unofficial table of contents

§ 163c

(1) A person concerned by a measure pursuant to § 163b shall in no case be held on a case-by-case basis for the purpose of establishing his or her identity. The person held shall be brought without delay to the judge at the local court in whose district it has been seized for the purposes of the decision on the admissibility and continuation of the deprivation of liberty, unless the performance of the a judicial decision would probably take a longer time than would be necessary to establish the identity. § § 114a to 114c apply accordingly. (2) A deprivation of liberty for the purpose of determining the identity must not exceed the duration of a total of twelve hours. (3) If the identity is established, then in the cases of § 163b para. 2, the to destroy, in connection with the declaration, the documents which have been identified. Unofficial table of contents

§ 163d

(1) The suspicion of certain facts is that:

1.

one of the offences referred to in § 111, or

2.

one of the offences referred to in Article 100a (2) (6) to (9) and (11)

, in the case of point 1, the data relating to the identity of persons and circumstances relating to the investigation of the offence may be carried out on the occasion of a border police inspection, and in the case of point 1. or in order to take account of the perpetrator, to be stored in a file where facts justify the assumption that the evaluation of the data may lead to the act of seizing the perpetrator or to the investigation of the offence and that the measure is not out of proportion to the importance of the matter. This shall also apply if passports and identity documents are automatically read in the case of the sentence. The transmission of the data is only permissible for law enforcement authorities. (2) Measures of the kind referred to in paragraph 1 may only be carried out by the judge, in the event of danger in default also by the public prosecutor's office and its investigators (Section 152 of the Court Constitutional Law). If the public prosecutor's office or one of its investigators has taken the order, the public prosecutor's office shall immediately request the judicial confirmation of the order. § 100b (1) sentence 3 shall apply accordingly. (3) The order shall be issued in writing. It must designate the persons whose data are to be stored according to certain characteristics or properties as accurately as possible after the knowledge of the suspect or the suspect is available at the time of the order. The nature and duration of the measures should be laid down. The arrangement shall be spatially limited and shall be limited to a maximum of three months. A one-off extension of no more than three months shall be allowed in so far as the conditions laid down in paragraph 1 are maintained. (4) The conditions for the adoption of the order shall no longer be fulfilled or the purpose of the order shall be the If the resulting measures are to be taken, they shall be terminated without delay. The personal data obtained by the measures shall be deleted immediately as soon as they are not required or no longer required for the criminal proceedings; a storage which will take over the duration of the measures (paragraph 3) by more than three months is not allowed. The public prosecutor's office must be informed of the deletion. (5) (to be taken away) Unofficial table of contents

§ 163e

(1) The invitation to tender for the purpose of monitoring police checks which allow the identification of persons to be carried out may be arranged where there is sufficient real evidence that a criminal offence is of considerable importance; is committed. The order may only be directed against the accused person and shall be taken only if the investigation of the facts or the determination of the location of the perpetrator in another way is considerably less promising or substantial. would be difficult. The measure shall be admissible against other persons if, on the basis of certain facts, it is to be assumed that they are in connection with the offender or that such a link is established, that the measure for the investigation of the facts or for the purpose of the investigation of the facts is to be considered (2) the identification number of a motor vehicle, the identification number or the external identification of a motor vehicle, the identification number or the external identification of a vehicle would be significantly less likely to result in a significant reduction in the number of persons. Watercraft, aircraft or a container may be spelled out, if the vehicle is registered on a person advertised in accordance with paragraph 1, or if the vehicle or container is used by it or by a person not known to date, which is suspected of being of significant importance. (3) In the event of an arrival, personal data of a companion of the advertised person, the driver of a vehicle advertised in accordance with paragraph 2, or the user of a container advertised pursuant to paragraph 2 may also be reported. (4) Invitation to tender for police observation may only be ordered by the court . In case of danger in default, the order can also be made by the public prosecutor. If the public prosecutor's office has taken the order, it shall immediately request the judicial confirmation of the order. Section 100b (1) sentence 3 shall apply accordingly. The arrangement shall be limited to a maximum of one year. An extension of no more than three months shall be allowed in so far as the conditions of the order persist. Unofficial table of contents

§ 163f

(1) In order to provide sufficient evidence that an offence has been committed of significant importance, a scheduled observation of the accused may be ordered, which shall:

1.

Lasting longer than 24 hours, or

2.

to be held for more than two days

(longer-term observation).
The measure may only be arranged if the investigation of the facts or the determination of the location of the perpetrator in another way would be considerably less promising or significantly more difficult. The measure shall be admissible against other persons if, on the basis of certain facts, it is to be assumed that they are in connection with the offender or that such a link is established, that the measure for the investigation of the facts or for the purpose of the investigation of the facts is to be considered (2) The measure may also be carried out if third parties are to be unavoidably affected. (3) The Action may be taken only by the court, in the event of a risk of default by the public prosecutor's office and their investigators (Section 152 of the Law of the Constitutional Court). The order of the public prosecutor's office or of its investigators shall come out of force if it is not confirmed by the court within three working days. Section 100b (1) sentence 4 and 5, para. 2, sentence 1 shall apply accordingly. (4) (omitted) Unofficial table of contents

Section 164

In the case of official acts on the spot, the official who guides them shall be empowered to arrest persons who intentionally interfere with his or her official activities or to oppose the orders he has taken within his or her jurisdiction, and until such time as: To allow the termination of his duties, but not beyond the next following day. Unofficial table of contents

Section 165

In the event of danger in default, the judge may carry out the necessary investigations without a request, even if a public prosecutor cannot be reached. Unofficial table of contents

Section 166

(1) Where the accused is heard by the judge and in the case of this hearing he or she requests the discharge of individual evidence, the judge shall, in so far as he deems it relevant, make it if the loss of the evidence is to be (2) If the evidence is to be carried out in another district, the judge may ask the Judge of the latter to take the necessary action. Unofficial table of contents

Section 167

In the cases of § § 165 and 166 the Public Prosecutor's Office shall be entitled to the further disposal. Unofficial table of contents

§ 168

A protocol shall be recorded for each judicial investigation. An official of the office shall be responsible for the management of the records, and the judge may not be able to do so if he does not consider that a protocol guide is to be drawn up. In urgent cases, the judge may grant a person to be iced by him as a protocol guide. Unofficial table of contents

§ 168a

(1) The minutes shall indicate the place and day of the trial and the names of the persons involved and involved, and shall indicate whether the essential formalities of the proceedings are respected. Article 68 (2), (3) remains unaffected. (2) The contents of the Protocol may be provisionally recorded in a common abbreviation, with a short-writing machine, with a sound recording device or by means of comprehensible abbreviations. In such a case, the Protocol shall be established immediately after the end of the trial. The provisional records shall be recorded in the files or, if they are not suitable, shall be kept at the office of the office. Sound recordings can be deleted if the proceedings have been legally concluded or otherwise terminated. (3) The protocol is to be read for approval or for review by the persons involved in the trial, insofar as it concerns them. . The authorisation shall be noted. The minutes are to be signed by the parties, or it must be stated why the signature has not been signed. If the contents of the Protocol have only been provisionally recorded, it is sufficient for the records to be read out or played. It should be noted in the minutes that this has been done and that the authorisation has been granted or which objections have been made. The reading or presentation of the document or the play may be omitted if the persons involved, as far as they are concerned, refrain from doing so after recording; the minutes must be noted that the renunciation has been made (4) The minutes shall be signed by the judge and the protocol guide. If the contents of the Protocol have been provisionally recorded, in whole or in part, by means of a sound recording device, without the use of a protocol guide, the judge and the person who made the record shall sign the minutes. The latter provides for his signature with the addition that he confirms the accuracy of the transfer. Proof of the incorrectness of the transfer shall be admissible. Unofficial table of contents

§ 168b

(1) The result of the investigative actions of the investigating authorities must be informed. (2) The hearing of the accused, the witnesses and experts shall include a protocol in accordance with § § 168 and 168a, insofar as this is not (3) The defendant's instruction before his hearing pursuant to § 136 (1) and § 163a is to be documented. Unofficial table of contents

§ 168c

(1) In the case of the judicial hearing of the accused, the public prosecutor's office and the defender are permitted to be present. (2) In the case of the judicial hearing of a witness or expert, the prosecutor's office, the accused person and the (3) The judge may rule out a person accused of being present at the trial if his presence would endanger the purpose of the trial. This applies in particular when it is to be feared that a witness will not tell the truth in the presence of the accused. (4) If a defender who is not in freedom has a defender, he shall be entitled to be present only in the case of a defendant. The dates shall be held at the place of jurisdiction of the place where he is in detention. (5) The dates shall be notified beforehand of the dates for the presence. The notification shall not be notified if it would jeopardie the success of the investigation. On the transfer of an appointment due to prevention, the persons entitled to the attendance have no claim. Unofficial table of contents

§ 168d

(1) When a judicial eye is taken, the prosecutor's office, the accused person and the defender are permitted to attend the trial. Article 168c (3), first sentence, (4) and (5) shall apply accordingly. (2) If experts are given the right to take a judicial eye note, the accused may request that the experts to be proposed by him for the main hearing to the date, and, if the judge rejects the request, let them load themselves. The experts appointed by the accused shall be allowed to take part in the examination and to carry out the necessary investigations in so far as the work of the experts appointed by the judge is not impeded. Unofficial table of contents

§ 168e

If there is an urgent danger of a serious disadvantage for the good of the witness, if he is heard in the presence of the persons entitled to presence, and if it cannot be averted in another way, the judge shall be responsible for the hearing of the witness. Perform separately on the present day. The interrogation is transmitted simultaneously in image and sound. The powers of participation of those who are in attendance remain unaffected by the rest. § § 58a and 241a shall apply accordingly. The decision in accordance with the first sentence shall be indisputable. Unofficial table of contents

§ 169

(1) In matters relating to the jurisdiction of the Oberlandesgericht (Oberlandesgericht) according to § § 120 or 120b of the Law Constitutional Law, the transactions in the preparatory proceedings may also be carried out by the judge at the District Court. Investigating magistrates of this Higher Regional Court are perceived. If the Federal Prosecutor's Office conducts the investigation, investigating magistrates of the Federal Court of Justice are in charge of the investigation. (2) The investigating judge of the Oberlandesgericht responsible for one case may order investigation proceedings even if: they shall not be carried out in the district of that court. Unofficial table of contents

Section 169a

If the Public Prosecutor's Office is considering raising the public action, it shall state the conclusion of the investigation in the files. Unofficial table of contents

§ 170

(1) If the investigation is sufficient for the purpose of collecting the public action, the Public Prosecutor's Office shall collect it by filing an indictement with the competent court. (2) Otherwise, the Public Prosecutor's Office shall issue the proceedings. It shall inform the accused person if he has been heard as such or if he has issued a warrant for his arrest; the same shall apply if he has requested a communication or if there is a particular interest in the announcement. is. Unofficial table of contents

Section 171

If the public prosecutor's office does not comply with a request for the imposition of the public action, or if it has terminated proceedings after the investigation has been completed, the public prosecutor has to modestly give the applicant, stating the reasons for the proceedings. In the communication, the applicant, who is also the injured person, is to lecture on the possibility of dispute and the time limit provided for it (§ 172 (1)). Unofficial table of contents

Section 172

(1) If the applicant is the injured person at the same time, the complaint shall be filed against the decision of the public prosecutor's office within two weeks after the notice of the notice pursuant to § 171. The filing of the complaint to the public prosecutor's office will respect the deadline. It shall not expire if the instruction pursuant to § 171, second sentence, remains. (2) The applicant may, within one month from the notice of the notice, be subject to a court decision against the negative decision of the official official of the Public Prosecutor's Office. apply. He shall be lecturing on this and on the form provided for this; the time limit shall not expire if the instruction has not been received. The application shall not be admissible if the proceedings are exclusively subject to an offence which may be prosecuted by the injured person by way of private action, or if the public prosecutor's office pursuant to Article 153 (1), § 153a (1) sentence 1, 7 or § 153b (1) The same applies in the cases of § § 153c to 154 (1) and § § 154b and 154c. (3) The application for a court decision must be based on the facts which are intended to justify the collection of the public lawsuit, and indicate the evidence. It must be signed by a lawyer; the same rules apply to legal aid as in civil litigation. The application must be submitted to the court responsible for the decision. (4) The Oberlandesgericht (Oberlandesgericht) is responsible for the decision on the application. § § 120 and 120b of the Law of the Judith are to be applied in accordance with the applicable law. Unofficial table of contents

Section 173

(1) At the request of the Court of First Instance, the Public Prosecutor's Office has to present to him the negotiations which it has conducted so far. (2) The Court of First Instance may submit the request to the accused for the purpose of declaring a period of time. (3) The Court of First Instance may submit the request In preparation of its decision, order an investigation and entrust it with an officer or a requested judge. Unofficial table of contents

§ 174

(1) If there is no sufficient reason for the imposition of the public action, the court shall reject the application and shall inform the applicant, the public prosecutor's office and the accused person of the repudiation. (2) If the application is rejected, the court may: the public action is to be brought only on the basis of new facts or evidence. Unofficial table of contents

§ 175

If, after hearing the accused, the Court of First Instance considers the request to be justified, it shall decide on the application of the public action. The prosecutor's office shall be responsible for the implementation of this decision. Unofficial table of contents

Section 176

(1) By decision of the Court of First Instance, before the decision on the application, the applicant may be subject to the performance of a security in respect of the costs likely to be incurred by the State Treasury and the accused person by the procedure on the application growing up. The security performance shall be effected by deposit in cash or in securities. This is not without prejudice to provisions which deviate from this in a legal regulation adopted pursuant to the law on the payment of payments by courts and judicial authorities. The amount of the security to be provided shall be determined by the court at its discretion. It must at the same time determine a time limit within which the security must be provided. (2) If the security is not provided in the specified period, the court has to declare the application withdrawn. Unofficial table of contents

Section 177

The costs incurred by the procedure on the application must be paid to the applicant in the cases of § § 174 and 176 (2).

Third Section

(dropped) Unofficial table of contents

§ § 178 to 197 (omitted)

Fourth Section
Decision on the opening of the main proceedings

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§ 198

(dropped) Unofficial table of contents

§ 199

(1) The court responsible for the main hearing shall decide whether to open the main proceedings or to provisionally cease the proceedings. (2) The indictup shall contain the application to open the main proceedings. The files will be submitted to the Court of First Instance. Unofficial table of contents

§ 200

(1) The indictup of the accused has the time and place of their commission, the legal characteristics of the offence and the criminal provisions to be applied (charge rate) to the accused, the act which is charged to him. It shall also indicate the evidence, the court before which the main trial is to take place, and the defence counsel. In the case of a witness, the place of residence or residence shall be indicated, but the full address shall not be indicated. In the cases of § 68 (1) sentence 2, second sentence of paragraph 2, the name of the witness shall suffice. If a witness is named whose identity is not to be disclosed in whole or in part, this shall be stated; for the secrecy of the place of residence or residence of the witness, this shall apply accordingly. (2) In the indictment, the essential Result of the investigation. This can be waited if the criminal charges are brought before the criminal court. Unofficial table of contents

Section 201

(1) The Chairman of the Court of First Instance shall inform the accused person of the indictments and, at the same time, invite him to declare, within a period to be determined, whether he/she shall take the decision on the opening of the The main proceedings are to be submitted or objections to be brought against the opening of the main proceedings. The indictress shall also be sent to the co-defendant and to the co-sucker who has requested this; § 145a (1) and (3) shall apply accordingly. (2) The court shall decide on applications and objections. The decision shall be indisputable. Unofficial table of contents

Section 202

Before the court decides on the opening of the main proceedings, it is possible to order individual evidence surveys in order to clarify the matter better. The decision shall not be countervailable. Unofficial table of contents

§ 202a

Where the Court of First Instance considers the opening of the main proceedings, it may discuss the progress of the proceedings with the parties to the proceedings, insofar as it appears appropriate to promote the procedure. The main content of this discussion is to be informed. Unofficial table of contents

§ 203

The Court of First Instance shall decide to open the main proceedings if, in accordance with the results of the preparatory procedure, the accused person is sufficiently suspicious of a criminal offence. Unofficial table of contents

Section 204

(1) If the General Court decides not to open the main proceedings, the decision must be taken as to whether it is based on actual or on legal grounds. (2) The decision shall be notified to the accused. Unofficial table of contents

§ 205

If, for a long period of time, the main hearing is contrary to the absence of the accused person or another obstacle in his person's person, the Court of First Instance may provisionally adjust the proceedings by decision. The chairman secures, if necessary, the evidence. Unofficial table of contents

§ 206

The Court of First Instance is not bound in the decision-making process to the applications of the Public Prosecutor's Office. Unofficial table of contents

§ 206a

(1) If a procedural obstacle arises after the opening of the main proceedings, the court may, outside the main hearing, cease the proceedings by decision. (2) The decision shall be appealable with an immediate appeal. Unofficial table of contents

§ 206b

If a criminal law, which applies at the end of the act, is amended before the decision, and has an act which was punishable under the previous law, but which is no longer punishable under the new law, an act which has been subject to legal proceedings, the court shall, outside the main proceedings, adopt the procedure by decision. The decision shall be appealable with immediate appeal. Unofficial table of contents

§ 207

(1) In the decision by which the main proceedings are opened, the Court of First Instance makes the case for the main trial and designates the court before which the main trial is to take place. (2) The Court of First Instance, in the decision, Amendments to the main hearing if the charges are made if:

1.

has been charged with several acts and has been refused the opening of the main proceedings because of some of them,

2.

the persecution in accordance with § 154a is limited to individual separable parts of an act, or such parts are re-included in the proceedings,

3.

the act is acknowledged by way of law by way of derogation from the indictof the indictement; or

4.

the prosecution pursuant to § 154a is restricted to individual ones of several violations of the law committed by the same criminal offence, or such violations of the law are re-included in the proceedings.

(3) In the cases referred to in paragraph 2 (1) and (2), the Public Prosecutor's Office shall submit a new indictof the decision to that effect. Apart from the presentation of the main result of the investigation, the Court of First Instance decides, at the same time, on its own account of the arrangement or continuation of the pre-trial detention or of the temporary accommodation. Unofficial table of contents

Section 208

(dropped) Unofficial table of contents

Section 209

(1) If the court in which the prosecution is filed considers the jurisdiction of a lower order court in its district to be justified, it shall open the main proceedings before that court. (2) Does the court in which the indictup filed hold If the jurisdiction of a court of higher order, to whose district it belongs, is justified, it shall submit the files by mediation of the public prosecutor's office to the latter for a decision. Unofficial table of contents

§ 209a

In the sense of Section 4 (2), § 209 and Section 210 (2)

1.

the special Trial Chambers in accordance with Section 74 (2) as well as § § 74a and 74c of the Law of the Court of Justice for their district in relation to the general Trial Chambers and with each other in the order of precedence referred to in § 74e of the Law Constitutional Law and

2.

the juvenile courts for deciding whether to do things

a)

pursuant to § 33 (1), § 103 (2) sentence 1 and § 107 of the Juvenile Justice Act, or

b)

as youth protection matters (§ 26 para. 1 sentence 1, § 74b sentence 1 of the Judith Constitutional Law)

belong to the Juvenile Courts, to the courts of the same order in charge of general criminal matters

Courts of higher order equal. Unofficial table of contents

Section 210

(1) The decision which opened the main proceedings cannot be challenged by the defendant. (2) The decision which rejected the opening of the main proceedings or, by way of derogation from the application of the public prosecutor's office, rejected the decision. (3) If the appeal court of the appeal takes place, it may at the same time determine that the main hearing before another chamber is the Court of First Instance which has adopted the decision referred to in paragraph 2, or the neighbouring court of the same order belonging to the same country. In proceedings in which a Higher Regional Court has ruled in the first legal proceedings, the Federal Court of Justice may determine that the main hearing before another Senate of that court has taken place. Unofficial table of contents

Section 211

If the opening of the main proceedings is rejected by a decision which is no longer appealable, the action may be resumed only on the basis of new facts or evidence.

Fifth Section
Preparation of the main negotiation

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Section 212

Following the opening of the main proceedings, § 202a shall apply accordingly. Unofficial table of contents

§ § 212a and 212b (omitted)

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§ 213

The date of the main hearing shall be held by the chairman of the court. Unofficial table of contents

Section 214

(1) The Ladungen required for the main negotiation shall be assigned by the Chairman. At the same time, it shall arrange for the notification of the date required pursuant to Article 397 (2) sentence 3 and § 406g (1) sentence 4, paragraph 2, sentence 2; § 406d (3) shall apply accordingly. The office shall ensure that the charges are effected and the communications are dispatched. (2) If it is to be assumed that the main negotiation extends for a longer period of time, the Chairman shall be responsible for the charge of all or individual witnesses; and (3) The Public Prosecutor's Office is entitled to the direct charge of other persons. (4) The Public Prosecutor's Office brings about the creation of the evidence as evidence objects serving. This can also be brought about by the court. Unofficial table of contents

Section 215

The decision to open the main proceedings shall be sent to the defendant at the latest by the charge. The same applies in the cases of Section 207 (3) for the redeemed indictment. Unofficial table of contents

Section 216

(1) The charge of a defendant on a free foot shall be made in writing under the warning that, in the event of his undue absence, his or her arrest or performance will be carried out. The warning may be kept in the cases of § 232. (2) The accused person, who is not on a free foot, shall be charged by announcement of the appointment to the main hearing in accordance with § 35. In doing so, the defendant is to be asked whether and which applications he has to submit to his defence for the main trial. Unofficial table of contents

§ 217

(1) Between the delivery of the summons (§ 216) and the day of the main trial must be a period of at least one week. (2) If the time limit has not been observed, the defendant may, until the beginning of his questioning on the case, the suspension. (3) The defendant may waive the time limit. Unofficial table of contents

§ 218

In addition to the defendant, the ordered defender is always to charge the elected defender when the election has been indicated to the court. § 217 shall apply accordingly. Unofficial table of contents

Section 219

(1) In the event that the defendant requests the summons of witnesses or experts or the creation of other evidence of the main trial, he shall submit his applications to the Chairman, stating the facts on which the evidence is to be made. of the Court of First Instance. (2) Evidence of the accused is, in so far as they have been accepted, to be informed by the Public Prosecutor's Office. Unofficial table of contents

Section 220

(1) If the chairman requests a person's summons to be summoned, the defendant may have the person accused of charging it directly. (2) A person who is directly charged is only obliged to appear if the person in charge of the summons offers the legal compensation for the travel expenses and the default or the filing of such compensation. (3) In the main hearing that the questioning of a person directly charged was useful for the clarification of the matter, the court must order that the legal compensation be paid by the court on request. is to be granted from the treasury. Unofficial table of contents

Section 221

The Chairman of the Court of First Instance may also order, on its own account, the creation of further objects serving as evidence. Unofficial table of contents

Section 222

(1) The court has to make the witnesses and experts of the public prosecutor's office and the defendant well known in good time and to indicate their place of residence or whereaby. If the Public Prosecutor's Office makes use of its law pursuant to Section 214 (3), it shall make the witnesses and experts invited to the court and the defendant in good time and shall state their place of residence or residence. Article 200 (1) sentences 3 to 5 shall apply mutatically. (2) The defendant shall make the witnesses and experts who have been directly invited or to be prepared for the main trial in good time to the court and to the public prosecutor's office and shall have their place of residence in the courts. or where to stay. Unofficial table of contents

Section 222a

(1) If the main hearing is carried out in the first legal proceedings before the district court or the Higher Regional Court, at the beginning of the main trial at the latest the occupation of the court is to be highlighted by the emphasis of the chairman and the additional adjudicating judge and supplementary spoons. The occupation may be communicated before the main hearing on the order of the chairman; for the defendant, the notice shall be addressed to his defence counsel. If the notified occupation changes, this shall be notified at the latest at the beginning of the main negotiation. (2) If the communication of the occupation or a change of occupation has been received later than one week before the start of the main negotiation, then the Court at the request of the defendant, the defendant, or the public prosecutor's office to interrupt the main trial for the examination of the occupation, if this is required at the latest by the beginning of the hearing of the first defendant. (3) In the the composition of the relevant documents may be for the defendant only his defence attorney or A lawyer, for the co-prosecutor, only an attorney can inspect. Unofficial table of contents

Section 222b

(1) If the composition of the court has been communicated in accordance with Section 222a, the objection that the court is subject to irregular occupation may only be asserted at the beginning of the hearing of the first defendant on the matter in the main trial. The facts from which the irregular occupation is to arise must be stated. All complaints are to be made at the same time. Outside the main hearing, the objection must be asserted in writing; § 345 para. 2 and for the co-prosecutor § 390 para. 2 apply accordingly. (2) On the objection the court decides in the case for decisions outside the main negotiation mandatory occupancy. If it considers the objection to be justified, it shall find that it is not properly staffed. If an objection leads to a change in the occupation, it is not applicable to the new occupation § 222a. Unofficial table of contents

Section 223

(1) Where the appearance of a witness or expert in the main trial is contrary to illness or fragility or other impediments to be removed for a longer or indefinite period, the court may be responsible for: (2) The same shall apply if the appearance of a witness or expert cannot be attributed to the appearance due to a great distance. (3) (omitted) Unofficial table of contents

Section 224

(1) The public prosecutor's office, the defendant and the defence counsel must be notified of the appointments scheduled for the purpose of this hearing; their presence in the hearing does not require any. The notification shall not be notified if it would jeopardie the success of the investigation. The recorded protocol shall be submitted to the public prosecutor's office and to the defender. (2) If a defendant not in freedom has a defender, he shall be entitled to be present only on such dates as shall be the subject of the court of the place shall be held where he is in detention. Unofficial table of contents

Section 225

If a judicial review is to be carried out in preparation for the main hearing, the provisions of Section 224 shall apply. Unofficial table of contents

§ 225a

(1) If a court considers the jurisdiction of a court of higher order to be justified before the start of a main hearing, it shall submit the files by mediation of the public prosecutor's office to that court; § 209a No. 2 (a) shall apply accordingly. The court to whom the case has been submitted shall decide whether to take over the case. (2) If the files are submitted by a criminal judge or a public court to a court of higher order, the defendant may: , within a time limit to be determined at the time of the submission, apply for the collection of individual evidence surveys. The chairman of the court to whom the case has been submitted shall decide on the application. (3) In the takeover decision, the defendant and the court before which the main trial is to be held shall be designated. Section 207 (2) (2) to (4), (3) and (4) shall apply accordingly. The defensibility of the decision is determined in accordance with § 210. (4) According to paragraphs 1 to 3, proceedings are also to be followed if the court, before the start of the main hearing, considers an objection of the accused under § 6a to be justified and a special Trial Chamber which, according to Article 74e of the Law of the Court of Justice, shall be the priority. If, in accordance with Section 74e of the Law of the Law, the General Court, which deems the jurisdiction of another Trial Chamber to be justified, shall take precedence over it, it shall refer the matter to those with binding effect; the challenge of the The referral decision is determined in accordance with § 210.

Sixth Section
Main negotiation

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§ 226

(1) The main trial takes place in the uninterrupted presence of the persons appointed for the judgment finding, as well as of the public prosecutor's office and a court official of the office. (2) The criminal judge can in the main hearing of the confiscation of a document official from the office of the office. The decision shall be indisputable. Unofficial table of contents

Section 227

Several officials from the Public Prosecutor's Office and several defenders can participate in the main trial and share their orientations. Unofficial table of contents

Section 228

(1) The Court of First Instance decides on the suspension of a main trial or its interruption in accordance with Section 229 (2). (2) Preventing the defendant, without prejudice to the provision of § 145, gives the accused no right to demand the suspension of the trial. (3) If the period of § 217 (1) is not applicable , the chairman shall make known to the defendant with the power to request the suspension of the trial. Unofficial table of contents

Section 229

(1) A main trial may be interrupted for up to three weeks. (2) A main hearing may also be interrupted for up to one month if it has taken place in each case for at least 10 days. (3) May a defendant or one of the Finding the right of judgment to a main hearing which has already taken place on at least 10 days because of illness does not appear, the course of the periods referred to in paragraphs 1 and 2 shall be during the period of prevention, at the latest. , however, for a period of six weeks, these periods shall end at the earliest 10 days after the expiry of the Inhibition. (4) If the main trial is not continued at the latest by the day after the expiry of the time limit referred to in the preceding paragraphs, then the court shall start anew. If the day after the expiry of the period is a Sunday, a general public holiday or a Saturday, the main negotiation may be continued on the next working day. Unofficial table of contents

Section 230

(1) A main hearing shall not take place against a defendant who has been defended. (2) If the defendant's failure is not sufficiently apologised, the lead shall be ordered or an arrest warrant shall be issued. Unofficial table of contents

Section 231

(1) The accused person may not remove himself from the trial. The Chairman may take the appropriate measures to prevent the removal; he may also be able to keep the accused in custody during an interruption of the trial. (2) However, the defendant will remain or remain at the Continuation of an interrupted main trial, the latter may be brought to an end in his absence if he has already heard of the prosecution and the court does not consider his/her remote presence necessary. Unofficial table of contents

Section 231a

(1) If the defendant has deliberately and culpably placed himself in a state of his or her ability to negotiate, he shall knowingly prevent the regular conduct or continuation of the main hearing in his presence, the main trial, if it has not yet been heard on the charges, shall be carried out or continued in its absence, provided that the Court does not consider its presence to be indispensable. The first sentence is to be followed only if, after the opening of the main proceedings, the defendant has had the opportunity to comment on the prosecution before the court or judge. (2) As soon as the defendant is able to act again, he or she has had the opportunity to recharge the accused. the Chairman, as long as the proclamation of the judgment has not yet begun to inform of the essential content of what has been negotiated in his absence. (3) The trial in the absence of the defendant under paragraph 1 the court shall, after hearing a doctor, decide to act as an expert. The decision may be taken prior to the start of the main negotiation. An immediate appeal is admissible against the decision; it has suspensive effect. A main hearing which has already begun is to be interrupted until the decision on the immediate appeal; the interruption may take up to thirty days, even if the conditions of § 229 (2) do not exist. (4) The accused, who is does not have a defender, a defender shall be ordered as soon as a trial without the defendant is considered in accordance with paragraph 1. Unofficial table of contents

Section 231b

(1) If the accused is removed from the meeting room or removed for detention on the grounds of irregular conduct (Section 177 of the Law Constitutional Law), the court may negotiate in his absence if the court does not have a more remote presence. is essential and, as long as it is to be feared, that the presence of the accused would seriously affect the conduct of the main hearing. In any event, the accused must be given the opportunity to comment on the charges. (2) As soon as the defendant is left again, proceedings are to be followed in accordance with Section 231a (2). Unofficial table of contents

§ 231c

If the main hearing takes place against a number of defendants, the court decision may allow individual defendants, in the case of the necessary defence, also their defenders, to be allowed, upon request, to take part in the trial during the course of the trial. if they are not affected by these negotiating parties. The decision shall refer to the parts of the negotiations for which the permit is valid. Permission can be revoked at any time. Unofficial table of contents

§ 232

(1) The main trial can be carried out without the accused, if he has been duly summoned and pointed out in the summons to the fact that he can be negotiated in his absence, and if only a fine of up to one hundred and eighty Daily rates, warning of reservation, prohibition of driving, decay, confiscation, destruction or unusable, alone or side-by-side, are to be expected. A higher penalty or a measure of improvement and security shall not be imposed in this procedure. The withdrawal of the driving licence shall be admissible if the defendant in the summons has been referred to this possibility. (2) On the basis of a summons by public notice, the main hearing without the accused shall not take place. (3) The A court hearing of the defendant is read in the main trial. (4) The judgment handed down in the absence of the accused must be delivered to him on the grounds of judgment by surrender if it is not in accordance with § 145a (1) is delivered to the defender. Unofficial table of contents

Section 233

(1) The accused may, upon his request, be released from the obligation to appear in the main trial, if only imprisonment of up to six months, a fine of up to one hundred and eighty daily rates, warning with a criminal reservation, Driving prohibition, decay, confiscation, destruction or unusable, alone or side-by-side, is to be expected. A higher penalty or a measure of improvement and security shall not be imposed in its absence. The withdrawal of the driving licence is admissible. (2) If the accused is relieved of the obligation to appear in the main trial, he must be heard by a commissioned or requested judge on the charge. In doing so, he shall be informed of the legal consequences permissible during the trial in his absence, as well as the question whether he maintains his request for exemption from the publication in the main hearing. In lieu of a request or an order under sentence 1, outside the main hearing, the court may also carry out the hearing on the prosecution in such a way that the defendant is in a place other than the court and that the court The public prosecutor's office and the defense attorney must be notified of the appointment in the picture and sound of the place where the defendant stops and is transferred to the meeting room. (3) their presence at the hearing does not require it. The protocol on the interrogation is to be read in the main negotiation. Unofficial table of contents

Section 234

In so far as the main hearing may take place without the accused's presence, he shall have the power to be represented by a defender provided with written authority. Unofficial table of contents

Section 234a

If the main hearing takes place without the accused, it is sufficient if the information required pursuant to Section 265 (1) and (2) is given to the defender; the defendant's consent pursuant to § 245 (1) sentence 2 and § 251 (1) No. 1, para. 2 no. 3 is not required if a defender takes part in the main hearing. Unofficial table of contents

Section 235

If the main hearing has taken place in accordance with Section 232 without the accused, he may, within one week of notification of the judgment, reinstate the judgment under the same conditions as against the failure of a person to be reinstated. If he has not obtained any knowledge of the summons to the main hearing, he can always claim the re-establishment of rights in the previous stand. The defendant shall be lecturing on this at the time of delivery of the judgment. Unofficial table of contents

Section 236

The court is always entitled to order the personal appearance of the defendant and to force it through a pre-order or arrest warrant. Unofficial table of contents

Section 237

In the event of a link between a number of criminal cases pending before it, the Court of First Instance may order its connection for the purpose of simultaneous negotiation, even if that link is not the one referred to in § 3. Unofficial table of contents

Section 238

(1) The chairperson of the trial, the hearing of the defendant and the acceptance of the proof shall be carried out by the chairman. (2) If the chairman of a person involved in the trial is to be arranged in a manner related to the case, the chairman shall be appointed. objectionable, the court shall decide. Unofficial table of contents

Section 239

(1) The hearing of the witnesses and experts designated by the Public Prosecutor's Office and the accused shall be left to the Public Prosecutor's Office and the Defender on their matching request from the Chairman. In the case of the witnesses and experts appointed by the Public Prosecutor's Office, the person appointed by the defendant has the right to be heard in the first row. (2) The Chairman also has the right to do so after this hearing. Clarification of the matter should be addressed to witnesses and experts. Unofficial table of contents

§ 240

(1) The Chairman shall, on request, allow the judges to ask questions to the accused, the witnesses and the experts. (2) The Chairman of the Public Prosecutor's Office, the defendant and the defender, as well as the To allow a spoon. The immediate questioning of a defendant by a co-defendant is inadmissible. Unofficial table of contents

Section 241

(2) In the cases of § 239 (1) and 240 (2), the Chairman may be unsuitable or not belonging to the case. (1) Reject questions. Unofficial table of contents

Section 241a

(1) The hearing of witnesses under 18 years of age shall be carried out by the chairman alone. (2) The persons referred to in § 240 (1) and (2) sentence 1 may require the chairman to ask the witness further questions. The chairman may allow these persons to interview the witnesses directly if, at the discretion of the person concerned, a disadvantage is not to be feared for the good of the witnesses. (3) § 241 (2) applies accordingly. Unofficial table of contents

Section 242

Doubts about the admissibility of a question shall be decided by the court in all cases. Unofficial table of contents

Section 243

(1) The main negotiation begins with the call of the matter. The Chairman shall determine whether the defendant and the defender are present and the evidence obtained, in particular the witnesses and experts invited, have appeared. (2) The witnesses shall leave the meeting room. The Chairman shall hear the defendant over his personal circumstances. (3) The Prosecutor shall read the indictup on this. In the cases of Section 207 (3), it is based on the new indictof the indictup. In the cases of Section 207 (2) (3), the Public Prosecutor shall bear the charge of the indictment with the legal assessment on which the opening decision is based; moreover, he may express his/her deviating legal opinion. In the cases of Section 207 (2) no. 4, he shall take into account the amendments which the court has decided upon in the admission of the charge to the main hearing. (4) The Chairman shall inform whether discussions have taken place in accordance with § § 202a, 212, if their The subject matter of the possibility of an understanding (§ 257c) has been and if so, its essential content. This obligation also applies in the course of the main trial, in so far as changes have been made in relation to the communication at the beginning of the main negotiation. (5) The defendant is then informed that he is free to take charge of the charge. or not to testify to the matter. If the defendant is ready for comment, he shall be heard on the matter in accordance with section 136 (2). The accused should only be punished to the extent that they are relevant to the decision. When they are determined, the chairman shall determine. Unofficial table of contents

Section 244

(1) After the hearing of the defendant, the taking of evidence follows. (2) The Court of First Instance, in order to investigate the truth, has to extend the taking of evidence from its own account to all facts and evidence which are relevant to the decision. (3) The application for proof shall be rejected if the proof of proof is inadmissible. Moreover, a request for proof may only be rejected if evidence of proof of openness is superfluous if the fact that is to be proved is not relevant to the decision, or if the evidence has been proven to be complete. unsuitable or if it is unattainable, if the application is filed for the purpose of process disappearance or if a significant claim to be proven for the discharge of the defendant can be treated as if the claimed The fact is true. (4) A request for evidence for the hearing of an expert may, to the extent that: is intended to be rejected, even if the court itself has the necessary expertise. The hearing of a further expert may also be refused if the previous opinion has already proved the opposite of the alleged fact; this does not apply if the expertise of the former reviewer is doubtful, if: its opinion is based on incorrect actual conditions, if the opinion contains contradictions or if the new expert has research funding which is superior to those of a former expert. (5) Proof of receipt of an eye bill may be rejected if the It is not necessary to understand the facts of the Court of First Instance in order to investigate the truth. Under the same condition, a request for proof of the hearing of a witness can also be rejected, the summons of which would have to be effected abroad. (6) The rejection of a request for proof requires a court decision. Unofficial table of contents

§ 245

(1) The taking of evidence shall be extended to all witnesses and experts who have been summaed by the court and also published, as well as to the other evidence obtained by the court or the public prosecutor pursuant to Section 214 (4), unless: that the inversion of the evidence is inadmissible. The collection of individual evidence can be waived if the public prosecutor's office, the defence counsel and the defendant agree to it. (2) An extension of the taking of evidence to those of the accused or the public prosecutor's office any witnesses and experts who have been invited and published, as well as the other evidence obtained, shall be bound by the General Court only if a request for proof is lodged. The application shall be rejected if the evidence of evidence is inadmissible. Moreover, it may only be rejected if the fact that is to be proved is already proven or obvious, if there is no link between it and the subject-matter of the judgment, if the evidence is completely unsuitable, or if the application is filed for the purpose of process disappearance. Unofficial table of contents

§ 246

(1) A proof of evidence may not be refused because the evidence or the fact to be evidened had been brought forward too late. (2) However, if a witness or expert to be heard is reputable to the opponent's opponent so late , or if a fact to be pointed out has been made so late in the absence of the opponent in the time required for the confiscation of information, he may, until the end of the taking of evidence, suspend the main trial for the purpose of (3) The public prosecutor's office and the Defendant in the case of witnesses or experts who were invited by the chairman or the court. (4) The court decides on the requests at its discretion. Unofficial table of contents

Section 246a

(1) If it is considered that the placement of the defendant is to be placed or reserved in a psychiatric hospital or in the safekeeping custody, the main hearing shall include an expert on the condition of the accused person. The accused and the chances of treatment are heard. The same shall apply if the court is considering arranging the accommodation of the defendant in an equalising institution. (2) If charges have been filed against a minor in accordance with Section 181b of the Criminal Code, to the detriment of a minor, the court shall have the following: In accordance with § 153a of this Act or in accordance with § § 56c, 59a (2) sentence 1 (4) or § 68b (2) sentence 2 of the Penal Code, according to which the accused psychiatric, psycho-or social-therapist care for and , an expert on the condition of the The accused and the treatment prospects shall be heard as far as this is necessary in order to determine whether the defendant needs such care and treatment. (3) If the expert has not examined the defendant earlier, the He will be given the opportunity to do so before the main negotiation. Unofficial table of contents

§ 247

The court may order that the defendant be removed from the meeting room during a hearing if it is to be feared that a co-defendant or a witness will not tell the truth in his testimony in the presence of the defendant. The same applies if, in the case of the hearing of a person under the age of 18 as a witness in the presence of the accused, there is a serious disadvantage for the good of the witness, or if, in the case of a hearing of another person, a witness in the presence of the witness. of the defendant there is an urgent risk of a serious disadvantage for her health. The removal of the defendant may be arranged for the duration of discussions on the condition of the defendant and the chances of treatment if there is a serious risk to his or her health. The Chairman shall inform the accused, as soon as he is present, of the substance of the substance of what has been said or negotiated during his absence. Unofficial table of contents

§ 247a

(1) If there is an urgent danger of a serious disadvantage for the good of the witness, if he is heard in the presence of those present in the main hearing, the court may order that the witness should be present during the questioning of another person. Place of residence; such an order shall also be permitted under the conditions laid down in § 251 (2), insofar as this is necessary for the exploration of the truth. The decision shall be indisputable. The statement is transmitted simultaneously in picture and sound into the session room. It should be recorded if it is to be obtained that the witness cannot be heard in another main hearing and that the record is necessary for the investigation of the truth. 2. The court may order that the hearing of an expert shall be carried out in such a way that it is held in a place other than that of the court and that the testimonation takes place simultaneously in image and sound on the The place where the expert is kept and is transferred to the meeting room. This does not apply in the cases of § 246a. The decision in accordance with the first sentence shall be indisputable. Unofficial table of contents

§ 248

The witnesses and experts who have been heard shall be removed from the place of jurisdiction only with the authorisation or on the instructions of the chairman. The prosecutor's office and the defendant are to be heard before. Unofficial table of contents

§ 249

(1) Documents and other documents serving as evidence shall be read in the main hearing. This applies in particular from previous criminal parts, from criminal records and extracts from church books and civil status registers, and also applies to protocols on the taking of the judicial eye bill. (2) From the reading , except in the cases of sections 253 and 254, if the judges and spoons have taken note of the text of the document or of the document, and the other parties concerned have had the opportunity to do so. If the Public Prosecutor, the accused or the defence counsel contradicts the appointment of the Chairman immediately after the first sentence, the General Court shall decide. The appointment of the Chairman, the findings and the opportunity to do so, and the contradiction, should be included in the Protocol. Unofficial table of contents

§ 250

If the proof of a fact is based on the perception of a person, it is to be heard in the main hearing. The hearing shall not be replaced by a reading of the Protocol or a written declaration entered into by an earlier hearing. Unofficial table of contents

§ 251

(1) The hearing of a witness, expert or co-accused may be replaced by the reading of a transcript of a hearing or a document containing a written declaration issued by him,

1.

if the defendant has a defender and the prosecutor, the defence counsel and the defendant agree to it;

2.

if the witness, expert or co-accused is deceased or, for another reason, cannot be heard in court in the foreseeable future;

3.

in so far as the document or certificate relates to the existence or the amount of an asset.

(2) The hearing of a witness, expert or co-accused may also be replaced by the reading of the minutes of his former judicial questioning, if:

1.

the appearance of the witness, expert or co-accused person in the main hearing for a longer or indefinite period of illness, frailty or other obstacles not to be removed;

2.

the witness or expert cannot be attributed the appearance in the main hearing due to a large distance, taking into account the meaning of his testimony;

3.

the prosecutor, the defense attorney and the defendant agree with the reading.

(3) If the reading is intended to serve other purposes as a direct result of the judgment, in particular in order to prepare the decision as to whether the summons and the questioning of a person should be carried out, consensual documents, documents and other documents may be used. (4) In the cases referred to in paragraphs 1 and 2, the Court of First Instance decides whether the reading is ordered. The reason for the reading will be announced. If the transcript is read through a judicial interrogation, it is determined whether the extermination has been sworn in. The insult will be brought up if it appears necessary to the court and if it is still possible to execute it. Unofficial table of contents

§ 252

The testimony of a witness who had been heard before the main hearing and who only made use in the main hearing of his right to refuse the certificate shall not be allowed to read. Unofficial table of contents

Section 253

(1) A witness or expert shall explain that he no longer remember a fact, the part of the Protocol relating to this may be read out on his earlier testimony in support of his memory. (2) The same may be the same. if a contradiction in the testimony with the earlier statement cannot be determined or remedied in any other way without interruption of the main negotiation. Unofficial table of contents

§ 254

(1) Statements by the accused, which are contained in a judicial protocol, may be read through a confession for the purpose of taking evidence. (2) The same may happen if a contradiction in the testimony with the confession is prior statement may not be detected or fixed in any other way without interruption of the main negotiation. Unofficial table of contents

§ 255

In the cases of § § 253 and 254, the reading and its reason shall be mentioned in the minutes at the request of the prosecutor's office or the defendant. Unofficial table of contents

Section 255a

(1) For the performance of the image-sound recording of a witness hearing, the regulations for the reading of a transcript of a hearing shall apply mutagenic to a hearing in accordance with § § 251, 252, 253 and 255. (2) In proceedings for offences against sexual Self-determination (§ § 174 to 184h of the Criminal Code) or against life (§ § 211 to 222 of the Criminal Code), for mistreatment of protective orders (§ 225 of the Criminal Code) or for offences against personal freedom according to § § § § § § § § § § § § § 225 of the Criminal Code. 232 to 233a of the Criminal Code may be the testimonies of a witness under 18 years of age by the The performance of the image-sound recording of his former judicial interrogation will be replaced if the defendant and his defender had the opportunity to participate in the recording of the image. This also applies to witnesses who are the injured of one of these crimes and who were under the age of 18 at the time of the act. In its decision, the Court of First Instance also has to take into account the legitimate interests of the witness and to announce the reason for the performance. A supplementary hearing of the witness shall be admissible. Unofficial table of contents

§ 256

(1) Can be read

1.

the statements containing a certificate or an opinion

a)

public authorities,

b)

of the experts who are generally sworn in for the preparation of opinions of the species concerned, and

c)

the doctors of a court-medical service with the exclusion of Leumundscertificates,

2.

medical attests about bodily injuries that do not belong to the heavy,

3.

medical reports on the taking of blood samples,

4.

an opinion on the evaluation of a tachograph, the determination of the blood group or the blood alcohol content, including its recalculation, and

5.

Protocols and declarations of the law enforcement authorities contained in a document concerning investigative actions, in so far as they do not have the object of an interrogation.

(2) Where the opinion of a collegiate technical authority has been obtained, the court may ask the authority to appoint one of its members to represent the opinion in the main hearing and to refer to the court. Unofficial table of contents

§ 257

(1) After the hearing of each co-defendant and after each individual evidence survey, the accused shall be questioned whether he has to declare something to that effect. (2) Upon request, the prosecutor and the defender shall also be questioned after the hearing of the (3) The statements may not pretract from the final speech. Unofficial table of contents

Section 257a

The Court of First Instance may give up the parties to the proceedings, to submit requests and suggestions on procedural questions in writing. This shall not apply to the applications referred to in § 258. § 249 finds appropriate application. Unofficial table of contents

Section 257b

The Court of First Instance may, in the main hearing, discuss the state of the proceedings with the parties to the proceedings, in so far as it appears appropriate to promote the procedure. Unofficial table of contents

Section 257c

(1) The court may, in appropriate cases, agree with the parties to the proceedings in accordance with the following paragraphs on the further progress and the outcome of the proceedings. Section 244 (2) shall remain unaffected. (2) The subject matter of this understanding may only be the legal consequences, the content of the judgment and the related decisions, other procedural measures in the underlying recognition procedure as well as the process behaviour of the parties involved. A confession is to be part of each understanding. The guilty verdict, as well as measures of improvement and security, must not be the subject of an understanding. (3) The court announcates the content that the understanding might have. It can also indicate an upper and lower limit of the penalty, with free consideration of all the circumstances of the case as well as of the general penalties for the assessment of the sentence. The parties to the proceedings shall have the opportunity to comment. The agreement shall be reached if the accused and the public prosecutor agree to the proposal of the court. (4) The binding of the court to an understanding shall be waived if legally or in fact significant circumstances have been overlooked or have resigned, and the Court of First Instance therefore concluded that the envisaged criminal framework was no longer in fact-or is liable to a debt. The same applies if the further process behavior of the accused does not correspond to the behavior which is based on the prognosis of the court. The confession of the defendant must not be used in these cases. The court shall immediately inform the court of a derogation. (5) The accused shall be informed of the conditions and consequences of a deviation of the court from the prospective result referred to in paragraph 4. Unofficial table of contents

§ 258

(1) After the conclusion of the taking of evidence, the Public Prosecutor and then the accused are given the floor in their statements and requests. (2) The Public Prosecutor is entitled to reply; the accused is the last word. (3) The defendant is the accused person. even when a defender has spoken for him, to question whether he himself has anything to do with his defense. Unofficial table of contents

Section 259

(1) At least the applications of the Public Prosecutor and the Defender must be made known by the interpreter from the final presentations. (2) The same shall apply in accordance with Section 186 of the Court Constitutional Law for a hearing-or speech-impaired defendant. Unofficial table of contents

Section 260

(1) The main negotiation concludes with the proclamation of the judgment following the consultation. (2) If a prohibition is placed on the profession, the profession, profession, trade or branch of industry, the exercise of which shall be prohibited, shall be strictly limited to: (3) The cessation of the procedure is to be pronounced in the judgment if there is a procedural obstacle. (4) The judgment formula gives the legal name of the act, the accused person is found guilty of. If a criminal offence has a legal title, it is to be used for the legal name of the act. If a fine is imposed, the number and level of the daily rates shall be included in the judgment formula. If the decision on security custody is reserved, the penalty or measure of improvement and security is suspended for probation, the defendant is warned with a criminal reservation or is punishable from punishment, this is the case in the judgment of the judgment of To express. Moreover, the version of the judgment is subject to the discretion of the court. (5) According to the judgment, the rules applied are listed by paragraph, paragraph, number, letter, and by the name of the law. If, in the case of a conviction, which is recognised by a custodial sentence or a total custodial sentence of no more than two years, the act or its significance in the vast majority of the acts is committed on the basis of a dependence on narcotic drugs § 17 (2) of the Federal Central Registry Act (Bundeszentralregistergesetz) has also been added. Unofficial table of contents

§ 261

The Court of First Instance decides on the outcome of the taking of evidence in accordance with its free conviction, which has been exhausted from the epitome of the trial. Unofficial table of contents

§ 262

(1) if the criminality of an act depends on the assessment of a civil legal relationship, the criminal court shall also decide on the act in accordance with the rules applicable to the proceedings and the evidence in criminal matters. (2) The court is , however, it is entitled to suspend the investigation and to set a time limit for one of the parties involved in the collection of the civil action or to await the judgment of the civil court. Unofficial table of contents

§ 263

(1) A majority of two-thirds of the votes shall be required for each of the accused's adverse decision on the question of guilt and the legal consequences of the act. (2) The question of guilt also includes such circumstances as may be particularly provided by the Criminal Law, which exclude, reduce or increase criminality. (3) The question of guilt does not include the conditions of limitation. Unofficial table of contents

§ 264

(1) The subject-matter of the judgment is the act referred to in the indictance, as it is in accordance with the outcome of the trial. (2) The Court of First Instance is in charge of the assessment of the act on which the decision on the opening of the main proceedings is based, not bound. Unofficial table of contents

Section 265

(1) The defendant may not be convicted on the basis of a criminal law other than that which is referred to in the court-approved indictment, without first having particular reference to the change in the legal point of view and without giving him special reference to the law of the court. (2) The same procedure should be followed if circumstances in which the criminal law may be increased or the order of a measure of improvement or the order of a measure of improvement have been established in the trial of the Criminal Law. (3) denies the defendant under the claim to which In the case of a defence not sufficiently prepared, new circumstances which allow the application of a more serious criminal act against the accused than the one mentioned in the court-approved indictful or the one in the second (4) The Court of First Instance also, on request or on its own account, has to suspend the main hearing if, as a result of the altered state of affairs, this is sufficient to prepare for the trial. the prosecution or the defence appears appropriate. Unofficial table of contents

Section 265a

Where conditions or instructions are contemplated (§ § 56b, 56c, 59a (2) of the Criminal Code), the defendant must be asked in appropriate cases whether he or she is committed to providing benefits for the injustice committed, or whether he or she has pledged to do so. makes his future lifestation. If the instruction is to be taken into consideration, to undergo a treatment or an educational cure, or to take a stay in a suitable home or institution, he or she shall be asked whether he or she gives his consent. Unofficial table of contents

Section 266

(1) If, in the main hearing, the Public Prosecutor extends the charge to other offences of the accused, the court may, by decision, include them in the proceedings if it is competent and the defendant agrees. (2) The Night rag charges can be levied orally. Your content is in accordance with § 200 (1). It shall be included in the minutes of the session. The Chairman shall give the accused an opportunity to defend himself. (3) The hearing shall be suspended if the Chairman considers it necessary or if the defendant requests it and his application does not appear to be presumed willingly or solely for the sake of Delay of the procedure is provided. The defendant shall be informed of the right to request the interruption. Unofficial table of contents

§ 267

(1) If the defendant is convicted, the reasons for the judgment must indicate the facts deemed to have been proven, in which the legal characteristics of the offence are found. As far as proof of other facts is concluded, these facts are also to be stated. Pictures which are in the case of the files may be referred to in this case for details. (2) Goods in the trial of the Criminal Law have been alleged to have been subject to special circumstances which exclude, reduce or reduce the criminality. (3) The reasons for the criminal judgment must also refer to the criminal law applied and the circumstances must be , which have been the determining factor for the imposition of the penalty. If the criminal law makes changes dependent on the existence of less serious cases, the reasons for the judgment must result, which is why these circumstances are accepted or are contrary to a request made in the trial; this shall apply accordingly: for the imposition of a custodial sentence in the cases of § 47 of the Criminal Code. The reasons for the judgment must also result, which is why a particularly serious case will not be adopted if the conditions under which such a case is normally present under the Criminal Code are met; if these conditions are not met, the case will be met. but nevertheless a particularly serious case is adopted, the second sentence shall apply accordingly. The reasons for the judgment must also give reason why the penalty has been suspended or has not been suspended against a request made in the proceedings; this shall apply in accordance with the provisions of the warning with a view to the retention of the sentence and the fact that the sentence has been rejected by the Punishment. If the judgment is preceded by an agreement (§ 257c), this must also be stated in the reasons for the judgment. (4) No appeal is made to all persons entitled to appeal on appeal, or if no appeal is filed within the period, the proven facts in which the legal characteristics of the offence are found and the criminal law applied; in the case of judgments, which are only fine or, in addition to a fine, a driving ban or the withdrawal of the driving licence and to arrange the confiscation of the driving licence, or in case of warnings, In this case, it is possible to refer to the authorized indictup, the prosecution pursuant to § 418 (3) sentence 2 or the criminal order, as well as the penal command. Paragraph 3, sentence 5 shall apply accordingly. The Court of First Instance shall determine the further content of the grounds for judgment, taking into account the circumstances of the individual case at its discretion. The reasons for the judgment may be supplemented within the time limit provided for in the second sentence of Section 275 (1), second sentence, if the time limit for the filing of the remedy is granted reinstatement in the previous stand. (5) If the defendant is , the reasons for the judgment must be given as to whether the defendant has been deemed not to be transferred or whether and for what reasons the act which has been approved has been deemed to be non-punishable. If all persons entitled to challenge dispense with legal remedies or if no appeal is made within the time limit, it is only necessary to indicate whether the offence committed to the accused is not, for reasons of fact or law, not has been identified. Paragraph 4, sentence 3 shall apply. (6) The reasons for the judgment must also result in order to arrange for a measure of improvement and security, to reserve a decision on the protection of the security or to oppose a request made in the proceedings. has not been arranged or not reserved. If the driving licence has not been withdrawn or a ban has not been placed under Section 69a (1) sentence 3 of the Penal Code, although this was considered in the nature of the offence, the reasons for the judgment must always result, which is why the measure does not apply. has been arranged. Unofficial table of contents

Section 268

(1) The judgment is given in the name of the people. (2) The judgment is given by the reading of the judgment of the judgment and the opening of the grounds of judgment. The reasons for the judgment shall be opened by reading or by verbal communication of its essential content. In deciding whether the reasons for the judgment are to be read out or that their essential content is communicated orally, and in the case of the oral communication of the essential content of the reasons for judgment, the interests worthy of protection shall be: Process participants, witnesses or wounded are taken into account. The reading of the judgment has to be preceded by the communication of the reasons for judgment. (3) The verdict is to be proclaimed at the end of the trial. It must be announced at the latest on the eleventh day thereafter, otherwise the main negotiation must be started anew. § 229 (3) and (4) sentence 2 shall apply mutatis. (4) If the judgment of the judgment has been suspended, the reasons for the judgment must be determined in writing beforehand. Unofficial table of contents

Section 268a

(1) If in the judgment the sentence is suspended for probation or the accused is cautioned with a criminal reservation, the court shall take the decisions referred to in Articles 56a to 56d and 59a of the Penal Code by decision; this decision shall be taken with the (2) Paragraph 1 shall apply accordingly if, in the judgment, a measure of improvement and security against probation is suspended or, in addition to the sentence, the supervision of supervision is ordered and the court decisions in accordance with § § 68a to 68c of the (3) The Chairman shall inform the defendant of the importance of the Suspension of the sentence or rule of law on probation, the warning with a criminal reservation or supervision, the duration of the probation period or the supervision of the management, the conditions and instructions and the possibility of revocation of the Suspension or conviction for the reserved sentence (§ 56f para. 1, § § 59b, 67g para. 1 of the Criminal Code). If the court grants instructions to the accused in accordance with Section 68b (1) of the Criminal Code, the Chairman shall also inform him of the possibility of a punishment under Section 145a of the Criminal Code. The instruction shall, as a general rule, be issued following the announcement of the decision referred to in paragraphs 1 or 2. If accommodation in a psychiatric hospital is suspended, the chairman may depart from the information on the possibility of revocation of the suspension. Unofficial table of contents

Section 268b

In the event of a judgment, it shall also be decided on its own account of the continuation of the pre-trial detention or the temporary accommodation. The decision shall be declared with the judgment. Unofficial table of contents

Section 268c

If a driving ban is ordered in the judgment, the Chairman shall inform the defendant about the beginning of the prohibition period (Section 44 (3) sentence 1 of the Criminal Code). The instruction will be issued following the sentencing. If the judgment is delivered in the absence of the defendant, he shall be lecturing in writing. Unofficial table of contents

Section 268d

If, in the judgment, the order of protection is reserved in accordance with Section 66a (1) or (2) of the Criminal Code, the Chairman shall inform the accused of the importance of the reservation and of the period of time on which the reservation is made. . Unofficial table of contents

§ 269

The court must not declare itself uncompetent, because the case belongs to a court of lower order. Unofficial table of contents

§ 270

(1) If, at the beginning of a main hearing, a court considers the substantive jurisdiction of a court of higher order to be justified, it shall refer the matter to the competent court by decision; § 209a, point 2, point (a) shall apply accordingly. It is also necessary to proceed if the court considers that the defendant's objection has been filed in due time in accordance with § 6a. (2) In the decision, the court designates the accused and the deed in accordance with § 200 (1) sentence 1. (3) The decision has the following: Effect of a decision opening the main proceedings. In accordance with § 210. (4) If the decision to reject the expulsion has been issued by a criminal judge or a public court, the defendant may, within a period to be determined in the notice of the decision, be entitled to take the decision individual evidence surveys prior to the main hearing. The application shall be made by the chairman of the court to which the matter has been referred. Unofficial table of contents

§ 271

(1) A protocol shall be recorded on the main trial and shall be signed by the Chairman and the Office of the Office of the Office, in so far as the latter was present in the main hearing. The date of completion shall be indicated in it. (2) If the chairman is prevented, the oldest shall be signed for him. If the chairman is the only judicial member of the court, the signature of the official of the office shall be sufficient to prevent him from being signed. Unofficial table of contents

§ 272

The Protocol on the Main Negotiation contains

1.

the place and the day of the trial;

2.

the names of the judges and spoons, the official of the public prosecutor's office, the official of the office of the office of the office and the interpreter who has been assigned to it;

3.

the name of the offence after the indictup;

4.

the names of the defendants, their defenders, the private carers, the co-workers, the injured, the claims arising out of the offence, the other side-parties, legal representatives, agents and advisers;

5.

an indication that public negotiations or the exclusion of the public is excluded.

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Section 273

(1) The Protocol must essentially reflect the course and results of the main negotiation and show the observance of all the essential formalities, including the description of the written documents or of the documents which have been read out. Read-out according to § 249 (2), as well as the applications filed in the course of the proceedings, the decisions taken and the judgment of the judgment. The protocol also has to include the essential course and content of a discussion in accordance with § 257b. (1a) The protocol must also reflect the essential sequence and content as well as the result of an agreement according to § 257c. The same shall apply to the observance of the communications and teachings prescribed in Section 243 (4), Section 257c (4), sentence 4, and paragraph 5. If an agreement has not taken place, it should also be noted in the minutes. (2) The main results of the interrogations in the minutes of the trial before the criminal court and the public court are also to be included in the minutes; this is the case. shall not apply if all persons entitled to challenge are waive the right to appeal or if no appeal is made within the period. The chairman may arrange for individual interrogations in the context of sound carriers to be recorded in place of the inclusion of the main consensual results in the minutes. The phonogram shall be taken to the records or kept at the office of the office with the files. § 58a (2) sentences 1 and 3 to 6 shall apply mutatis. (3) Where an act is established in the main negotiation or the text of a statement or an expression, the Chairman shall, on his own or at the request of any one of the following: To order the person concerned to order the complete write-down and read-out. If the chairman rejects the order, the court shall decide, at the request of a person involved in the hearing. It must be noted in the minutes that the reading has been carried out and that the authorization has been made or which objections have been made. (4) Before the minutes have been completed, the judgment may not be delivered. Unofficial table of contents

Section 274

The observation of the formalities required for the main negotiation can only be demonstrated by the protocol. The contents of the Protocol relating to these formalities shall be subject to proof of forgery only. Unofficial table of contents

Section 275

(1) Where the judgment has not already been fully entered in the Protocol with the reasons, it shall be brought immediately to the files. This must be done no later than five weeks after the date of delivery; this period shall be extended by two weeks, if the main negotiation has lasted for more than three days, and if the main negotiation has lasted for more than 10 days, for each of the commencement of the period of notice. Section of ten main meeting days for another two weeks. At the end of the period, the reasons for the judgment may no longer be amended. The time limit may only be exceeded if and as long as the court has been prevented from being complied with by an unforeseeable circumstance which cannot be foreseen in individual cases. The date of receipt and a change of the reasons shall be noted by the office of office. (2) The judgment shall be signed by the judges who participated in the decision. If a judge is prevented from signing his signature, this shall be noted under the indication of the ground of prevention by the chairman and upon his prevention by the oldest co-judge under the judgment. (3) The name of the day of the meeting and the names of the judges, the spoons, the official of the Public Prosecutor's Office, the defender and the official of the office of the office of the office of the meeting, who shall attend the meeting (4) The excerpts and excerpts of the judgments must be signed by the official of the office of the office and shall be provided with the court seal.

Seventh Section
Decision on the order of reservation or the subsequent order of safekeeping

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Section 275a

(1) If in the judgment the order of protection is reserved (Section 66a of the Criminal Code), the executing authority shall send the files in good time to the prosecutor's office of the competent court. The latter shall submit the files in time to the chairman of the court in such a way that a decision may be taken up to the date referred to in paragraph 5. If the accommodation in a psychiatric hospital has been declared closed in accordance with the first sentence of Section 67d (6) of the Penal Code, the executing authority shall immediately send the files to the public prosecutor's office of the Court of First Instance acting in favour of a subsequent ordering of the security custody (§ 66b of the Criminal Code) is responsible. If it intends to request a posterior arrangement of the safekeeping, it shall inform the person concerned. The public prosecutor's office is to immediately put the request for a subsequent order of custody and hand it over together with the files to the chairman of the court. (2) For the preparation and execution of the main trial § § 213 to 275 shall apply mutatily unless otherwise specified in the following. (3) After the main hearing has begun in accordance with section 243 (1), a rapporteur shall give a presentation on the results of the hearing in the absence of the witnesses. previous procedure. The chairman shall read out the earlier judgment, insofar as it is important for the decision on the reservation or the subsequent order of safekeeping. The hearing of the convicted person and the taking of evidence shall then be carried out. (4) The court shall obtain the opinion of an expert before the decision. If it is necessary to decide on the subsequent arrangement of the safekeeping, the opinions of two experts must be obtained. The reviewers may not have been involved in the handling of the convicted person in the course of the execution of the sentence or the execution of the accommodation. (5) The court shall be informed of the reserved order of the safekeeping at the latest six months before the date of the sentence. (6) If there are urgent reasons for the assumption that the subsequent security custody is ordered, the court may, until the judgment of the judgment, have an effect on the Placement command issued. For the adoption of the accommodation command, the court competent for the decision in accordance with Section 67d (6) of the Criminal Code shall be responsible for such a long time until the request for an order for the subsequent protection of the security in the case of the decision for that decision shall be issued. competent court. In the cases of § 66a of the Criminal Code, the court may issue a placement command until the judgment of the judgment, if in the first legal suit, up to the date specified in § 66a (3) sentence 1 of the Criminal Code, the to ensure that the security is retained. § § 114 to 115a, 117 to 119a and 126a (3) apply accordingly.

Eighth section
Proceedings against absent

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Section 276

An accused person shall be deemed to be absent if his/her stay is unknown or if he is staying abroad and his or her position is not executable or appropriate in advance of the competent court. Unofficial table of contents

§ § 277 to 284 (omitted)

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Section 285

(1) No main hearing shall be held against an absent person. The procedure initiated against an absent person has the task of securing the evidence in the event of his future position. (2) The provisions of § § 286 to 294 shall apply to this procedure. Unofficial table of contents

§ 286

A defender may appear for the defendant. Members of the accused are also allowed, even without power, as representatives. Unofficial table of contents

§ 287

(1) A right to be informed of the progress of the proceedings is not entitled to the absent accused person. (2) The judge, however, is entitled to let an absent person whose stay is known to receive notifications. Unofficial table of contents

§ 288

The absent person, whose stay is unknown, may be asked in one or more public leaves for publication in court or for the display of his place of residence. Unofficial table of contents

§ 289

If only after the opening of the main proceedings is the absence of the defendant out of hand, the evidence still required shall be made by an officer or a judge. Unofficial table of contents

§ 290

(1) The property situated within the scope of this Federal Act may be assets situated within the scope of this Federal Law against those absent from the public action against which the public action is subject to justify the remission of an arrest warrant. (2) There is no seizure of property for offences which are only punishable by imprisonment of up to six months, or with a fine of up to one hundred and eighty daily rates. Unofficial table of contents

§ 291

The decision imposing the seizure shall be published in the Federal Gazette and may also be published in other appropriate ways, at the discretion of the court. Unofficial table of contents

§ 292

(1) At the time of the first notice in the Federal Gazette, the accused person loses the right to dispose of the assets under the living. (2) The decision imposing the seizure shall be communicated to the Authority, which shall: is responsible for the initiation of an absenteel parish. This authority shall initiate a pledge. Unofficial table of contents

§ 293

(1) The seizure shall be lifted if its reasons have fallen away. (2) The removal of the seizure shall be made known in the same way as the publication of the seizure. If the publication is in the Bundesanzeiger (Federal Gazette) in accordance with § 291, it must also be deleted; the publication of the cancellation of the seizure in the Federal Gazette is to be deleted after one month. Unofficial table of contents

Section 294

(1) The provisions relating to the opening of the main proceedings shall also apply in respect of the proceedings initiated after the application of the public action. (2) The decision to be taken after the termination of this procedure (§ 199) shall at the same time be the subject of the The duration or the cancellation of the seizure shall be decided. Unofficial table of contents

Section 295

(1) The court may grant a person who has been absent to a person who is absent; it may make this grant subject to conditions. (2) The safe condition shall be granted exemption from pre-trial detention, but only because of the offence for which it is granted. (3) if a sentence of imprisonment is issued or if the accused is to flee or if he does not fulfil the conditions under which he has been given a safe and secure condition.

Third book
Legal remedies

First section
General provisions

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§ 296

(1) The legal remedies admissible against judicial decisions are the subject of both the public prosecutor's office and the accused person. (2) The public prosecutor's office may also make use of them in favour of the accused. Unofficial table of contents

§ 297

For the accused, the defender, but not against his express will, may appeal. Unofficial table of contents

§ 298

(1) The legal representative of a accused person may, within the time-limit for the accused, make use of the admissible remedies independently. (2) Such an appeal and the procedure are those for the legal means of the Apply the accused in accordance with existing rules. Unofficial table of contents

Section 299

(1) The accused person, who is not on a free foot, may enter into the minutes of the office of the local court, in the district of which the institution is situated, where he is held in an official order, the statements relating to legal remedies. (2) In order to meet a deadline, it is sufficient for the minutes to be recorded within the time limit. Unofficial table of contents

§ 300

A mistake in the name of the admissible legal remedy is not harmful. Unofficial table of contents

Section 301

Any appeal lodged by the Public Prosecutor's Office shall have the effect that the contested decision may also be amended or waived in favour of the accused. Unofficial table of contents

§ 302

(1) The withdrawal of an appeal as well as the renunciation of the appeal of an appeal may also take effect before the expiry of the time limit for its consideration. If the judgment is preceded by an agreement (§ 257c), a waiver is excluded. An appeal made by the Public Prosecutor's Office in favour of the accused cannot be withdrawn without its consent. (2) The defender requires the withdrawal of an explicit authorization. Unofficial table of contents

§ 303

If the decision on the appeal has been taken on the basis of oral proceedings, the withdrawal may take place only with the consent of the opponent after the start of the main hearing. However, the withdrawal of an appeal by the accused does not require the consent of the co-defendant.

Second section
Complaint

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§ 304

(1) The appeal shall be admissible against all decisions taken by the courts in the first legal suit or in the appeal proceedings and against the orders of the chairman, the judge in the preliminary proceedings and an authorised or requested judge, in so far as the law does not expressly withdraw them from any dispute. (2) Witnesses, experts and other persons may also lodge a complaint against decisions and orders which affect them. (3) To take decisions on costs or costs, or to take decisions on the basis of the law. The complaint shall be admissible only if the value of the (4) No appeal against decisions and orders of the Federal Court of Justice is admissible. The same applies to decisions and orders of the Higher Regional Courts; in matters in which the Oberlandesgericht (Oberlandesgericht) is competent in the first legal proceedings, however, the appeal is admissible against decisions and decrees which are

1.

the arrest, provisional accommodation, accommodation for the observation, seizure, search or the measures referred to in § 101 (1),

2.

refuse the opening of the main proceedings or discontinue the proceedings for a procedural obstacle,

3.

order the main trial in the absence of the accused (§ 231a) or order the referral to a court of lower order,

4.

concerning the inspection of files, or

5.

the revocation of the penal sentence, the revocation of the criminal decree and the conviction on the reserved penalty (§ 453 para. 2 sentence 3), the ordering of preliminary measures to secure the revocation (§ 453c), the suspension of the criminal law and its Revocation (§ 454 (3) and (4)), the resumption of proceedings (§ 372 sentence 1) or the decay, confiscation or disuse pursuant to § § 440, 441 (2) and § 442;

§ 138d (6) remains unaffected. (5) The appeal is only admissible against orders of the investigating judge of the Federal Court of Justice and the Higher Regional Court (Section 169 (1)) if they have the arrest, injunction, seizure, Search or the measures referred to in § 101 (1). Unofficial table of contents

§ 305

Decisions of the discerning courts that precede the precipitation of the judgment are not subject to the complaint. Excluded are decisions on arrests, temporary accommodation, seizure, provisional withdrawal of the driving licence, the temporary prohibition of the profession or the fixing of orders or coercive means, as well as all decisions, be affected by the third person. Unofficial table of contents

Section 305a

(1) An appeal against the decision pursuant to Section 268a (1), (2) is admissible. It can only be based on the fact that a decision taken is unlawful. (2) If the decision is appealed against the decision and the judgment is subject to an admissible revision, the Court of Appeal shall also be required to decide on the appeal. Responsible. Unofficial table of contents

Section 306

(1) The appeal shall be lodged with the court or tribunal of which the contested decision is adopted, on the minutes of the office or in writing. (2) The court or the chairman shall consider that the decision is (3) These provisions shall also apply to the decisions of the Court of Appeal, which shall be subject to the appeal of the Court of Appeal, which shall not be subject to the appeal of the Court of Appeal. 3. Judge in the preliminary proceedings and the appointed judge or requested judge. Unofficial table of contents

§ 307

(1) The appeal of the contested decision shall not be hammered by the lodging of the appeal. (2) However, the Court of First Instance, the Chairman or the Judge, whose decision is challenged, and also the Appeal Court, may order that the Court of First Instance be held in the Court of Appeal. To suspend the enforcement of the contested decision. Unofficial table of contents

§ 308

(1) The Board of Appeal may not modify the contested decision to the detriment of the appellant's opponent, without having been informed of the appeal for the declaration of the appellant. This does not apply in the cases of § 33 (4) sentence 1. (2) The appeal court may order an investigation or carry out its own investigations. Unofficial table of contents

§ 309

(1) The decision on the appeal shall be taken without oral proceedings, in appropriate cases after hearing the public prosecutor's office. (2) If the appeal is deemed to be well founded, the appeal court shall at the same time issue the necessary Decision. Unofficial table of contents

§ 310

(1) Decisions taken by the regional court or by the Higher Regional Court responsible pursuant to Section 120 (3) of the Courts Constitutional Law may be appealed by further appeal if they have

1.

an arrest,

2.

a provisional accommodation or

3.

an arrangement of the holding in accordance with § 111b (2) in conjunction with § 111d over an amount of more than 20,000 euros

(2) In other respects, there is no further challenge to the decisions taken on a complaint. Unofficial table of contents

§ 311

(1) The following special provisions shall apply to cases of immediate appeal. (2) The appeal shall be filed within one week; the time limit shall begin with the notice (§ 35) of the decision. (3) The court of law shall be amended to: its decision under appeal does not have the power to take its decision. It does, however, help the complaint if it has, to the detriment of the complainant, used facts or evidence of evidence to which it has not yet been heard and, on the basis of the subsequent filing of the complaint, justify the complaint to the complainant for reasons relating to the grounds of the complaint. . Unofficial table of contents

§ 311a

(1) If the appeal court has held a complaint without consulting the appellant's opponent, and if its decision cannot be challenged, it shall, if the disadvantage arising from that decision, still exist, from its own motion or, on request, to hear and to decide on a request. The Board of Appeal may also amend its decision without a request. (2) § § 307, 308 (2) and § 309 (2) shall apply in accordance with the procedure.

Third Section
Appeal

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§ 312

The judgments of the Criminal Court and the Schöffengericht are admissible. Unofficial table of contents

§ 313

(1) If the defendant has been sentenced to a fine of not more than fifteen daily rates, in the case of a warning, the reserved penalty shall not exceed fifteen daily rates or a conviction shall be a fine, according to the the appointment shall be admissible only if it is accepted. The same shall apply if the defendant has been acquitted or the proceedings have been terminated and the public prosecutor's office has requested a fine of not more than thirty daily rates. (2) The appeal shall be accepted if it is not is clearly unfounded. Otherwise, the appeal will be rejected as inadmissible. (3) The appeal against a judgment of a fine, acquittal or cessation for a breach of order is always to be accepted if the legal complaint pursuant to Section 79 (1) of the Law on It would be admissible to allow for administrative offences or to allow the law to be subject to administrative offences in accordance with § 80 (1) and (2). Paragraph 2 shall also apply. Unofficial table of contents

§ 314

(1) The appeal must be lodged with the court of the first legal proceedings within one week of the date of the judgment of the office or in writing. (2) The proclamation of the judgment has not been in the presence of the accused person. , the period of delivery shall commence for the same, unless in the cases of § § 234, 387 (1), § 411 (2) and § 434 (1) sentence 1, the proclamation has taken place in the presence of the defender provided with written authority . Unofficial table of contents

Section 315

(1) The beginning of the time limit for the filing of the appeal shall not be ruled out by the fact that a re-establishment of rights can be sought in the previous stand against a judgment delivered on the failure of the defendant. (2) Application for re-establishment of rights, the appeal shall be maintained by immediately placing an appeal in the event of the application of that request. The further disposition in relation to the appeal shall be suspended until the application for re-establishment of rights has been completed. (3) The lodging of the appeal without connection with the application for re-establishment of rights shall apply. as a renunciation of the latter. Unofficial table of contents

§ 316

(1) The legal force of the judgment, insofar as it is contested, shall be inhibited by timely consideration of the appeal. (2) The appellant, to whom the judgment was not yet served for the reasons, shall be notified immediately after the appeal has been filed. Unofficial table of contents

Section 317

The appeal may, within a further week after the expiry of the time limit for the filing of the appeal or, if the judgment has not yet been delivered at that time, to be forwarded to the court of the first legal suit relating to the minutes of the office or in a notice of appeal. Unofficial table of contents

Section 318

The appeal may be limited to certain objections. If this is not done or a justification has not been made at all, the whole content of the judgment shall be deemed to be the subject of an appeal. Unofficial table of contents

Section 319

(1) If the appeal has been filed late, the court of the first legal action shall be deemed to dismiss the appeal as inadmissible. (2) The appellant may, within one week of notification of the decision, be able to refer to the decision of the Appeal Court . In such a case, the files shall be sent to the Court of Appeal; however, the execution of the judgment shall not be suspended by this. The provision of section 35a shall apply accordingly. Unofficial table of contents

§ 320

If the appeal has been filed in due time, the Office shall submit the files of the Public Prosecutor's Office without regard to whether or not a justification has taken place, after the expiry of the period for justification. If the appeal is lodged, the accused shall provide the defendant with the documents relating to the filing and justification of the appeal. Unofficial table of contents

§ 321

The Public Prosecutor's Office will send the files to the Public Prosecutor's Office at the Court of Appeal. The latter shall forward the files to the chairman of the court within one week. Unofficial table of contents

Section 322

(1) In the event that the Court of Appeal does not consider the provisions relating to the filing of appeal to be observed, it may, by decision, reject the appeal as inadmissible. Otherwise, it shall decide on it by judgment; § 322a shall remain unaffected. (2) The decision may be challenged with immediate appeal. Unofficial table of contents

§ 322a

The Court of Appeal decides on the acceptance of an appeal (§ 313) by decision. The decision shall be indisputable. The decision to adopt the appeal does not require any justification. Unofficial table of contents

Section 323

(1) The provisions of § § 214 and 216 to 225 shall apply to the preparation of the main trial. In the summons the defendant is to be expressly informed of the consequences of the failure. (2) The charge of the witnesses and experts who have been heard in the first legal proceedings can only be lost if their repeated questioning to clarify the matter does not appear necessary. If it appears necessary, the Court of Appeal shall order the transfer of an audio tape portion of a hearing in accordance with Section 273 (2) sentence 2 into a written record. Anyone who has made the transfer will have to sign their own signature with the addition that the correctness of the transfer is confirmed. The public prosecutor's office, the defender and the defendant shall be subject to a copy of the written minutes. Proof of the incorrectness of the transfer shall be admissible. The written record may be read in accordance with § 325. (3) New evidence is admissible. (4) In the selection of witnesses and experts to be charged, persons named by the accused for the purpose of justifying the appeal shall be eligible. Consideration should be taken. Unofficial table of contents

Section 324

(1) In the absence of the witnesses, a rapporteur shall give a presentation on the results of the previous procedure after the main hearing has begun, in accordance with the provisions of Section 243 (1). The judgment of the first legal proceedings must be read out, to the extent that it is important for the appeal; apart from the reading of the grounds for judgment, the prosecution, the defence counsel and the defendant are not able to do so. (2) Sothen The hearing of the defendant and the taking of evidence shall be carried out. Unofficial table of contents

§ 325

In the case of reporting and the taking of evidence, records may be read; minutes of statements of witnesses and experts who have been heard in the main hearing of the first legal proceedings may, except in the cases of § § 251 and 253, without the consent of the Public Prosecutor's Office and the accused shall not be read if the repeated summons of witnesses or experts have been carried out or requested by the defendant in good time before the main hearing. Unofficial table of contents

Section 326

After the conclusion of the taking of evidence, the prosecutor's office and the defendant and his defence counsel shall be heard with their statements and requests, namely the appellant first. The defendant deserves the last word. Unofficial table of contents

§ 327

The Court's examination shall be subject to the judgment only in so far as it is challenged. Unofficial table of contents

§ 328

(1) In so far as the appeal is found to be well founded, the Court of Appeal has to recognize itself in the case of the annulment of the judgment in the case. (2) If the court of the first legal proceedings has wrongly assumed its jurisdiction, the Court of Appeal shall have jurisdiction to refer the matter to the competent court, with the annulment of the judgment. Unofficial table of contents

§ 329

(1) If, at the beginning of a main trial, neither the accused nor, in the cases in which this is admissible, a representative of the accused appeared and the absence of sufficient excuses was not made, the court did not have an appeal by the defendant without To discard the trial. This shall not apply if the Court of Appeal re-negotiates after the matter has been referred back by the Court of Revisional. If the conviction for individual acts has fallen away from a number of acts, it is clear that the appeal of the content of the judgment maintained is to be clarified; the recognised penalties may be applied to a new total penalty by the Court of Appeal (2) Under the conditions set out in the first sentence of paragraph 1, the prosecutor's office may also be subject to an appeal without the accused. In such cases, an appeal by the Public Prosecutor's Office may also be withdrawn without the consent of the defendant, unless the conditions set out in the second sentence of paragraph 1 are fulfilled. (3) The accused may, within one week of the notification of the (4) If proceedings are not taken pursuant to paragraph 1 or 2, the order or arrest of the defendant shall be ordered. This must be seen if it is to be expected that it will appear in the new main hearing without coercive measures to be taken. Unofficial table of contents

Section 330

(1) If the appeal has been filed by the legal representative, the court also has to preload the accused person to the main hearing and can forcibly lead him in the event of his failure. (2) The legal representative shall remain alone in the main negotiation, it is not to negotiate. If neither the legal representative nor the defendant appeared at the beginning of a main trial, Section 329 (1) applies accordingly; if only the defendant did not appear, § 329 (2) sentence 1 shall apply accordingly. Unofficial table of contents

Section 331

(1) The judgment may not be altered in the manner and amount of the legal consequences of the act to the detriment of the accused, if only the defendant, in his favour, has appealed to the Public Prosecutor's Office or his legal representative. (2) These Provision does not preclude the placement of accommodation in a psychiatric hospital or a descaling establishment. Unofficial table of contents

Section 332

Moreover, the provisions laid down in the sixth section of the second book on the main negotiation apply.

Fourth Section
Revision

Unofficial table of contents

§ 333

Revision shall be admissible against the judgments of the Trial Chambers and the Court of Arbitration, as well as the judgments of the Higher Regional Courts, which have been handed down in the first legal proceedings. Unofficial table of contents

§ 334

(dropped) Unofficial table of contents

§ 335

(1) A judgment which is admissible against the appeal may be appealed against with appeal. (2) The Court of First Instance decides on the revision which would be called upon to take the decision if the appeal has been filed after the appeal has been made. (3) If the judgment is subject to a party review and another appeal, the appeal shall be deemed to have been filed in time and in the prescribed form as long as the appeal is not withdrawn or is rejected as inadmissible. is treated. The revisionist orders and their justification must nevertheless be placed in the prescribed form and time limit and must be delivered to the opponent (§ § 344 to 347). The appeal may be reviewed in accordance with the rules in force in general. Unofficial table of contents

§ 336

The judgment of the review court shall also be subject to the decisions which preceded the judgment, provided that it is based on them. This shall not apply to decisions which are expressly declared to be indisputable or subject to the immediate appeal. Unofficial table of contents

§ 337

(1) The revision can only be based on the fact that the judgment is based on a violation of the law. (2) The law is violated if a legal norm has not been applied or has not been correctly applied. Unofficial table of contents

Section 338

A judgment must always be considered to be based on a violation of the law,

1.

if the discerning court had not been properly staffed; if, according to § 222a, the notification of the occupation was required, the revision may only be based on the irregular occupation, to the extent that:

a)

the provisions relating to the notification have been infringed,

b)

the objection, in good time and in the prescribed form, of the irregular occupation has been bypassed or rejected;

c)

the main negotiation has not been interrupted in accordance with Section 222a (2) for the examination of the occupation; or

d)

the court has ruled in a cast whose irregular nature has been determined in accordance with section 222b (2) sentence 2;

2.

if in the judgment a judge or spoon participated in the judgment, which was excluded from the exercise of the Judge's Office by law;

3.

if a judge or a spoon was involved in the judgment after he was rejected for concern about the partiality and the request for rejection was either declared to be well-founded or was wrongly rejected;

4.

if the Court of First Instance wrongly assumed its jurisdiction;

5.

if the main hearing has taken place in the absence of the public prosecutor's office or of a person whose presence prescries the law;

6.

if the judgment has been given on the basis of an oral hearing in which the provisions relating to the public of the proceedings are violated;

7.

if the judgment does not contain any grounds for decision or has not been brought to the file within the period of the second sentence of Article 275 (1) and (4);

8.

if the defence has been unacceptably limited in a point essential to the decision by a decision of the Court of First Instance.

Unofficial table of contents

§ 339

The prosecution cannot be invoked by the Public Prosecutor for the purpose of violating legal norms which are only given in favour of the accused in order to bring about a lifting of the judgment to the detriment of the defendant. Unofficial table of contents

Section 340

(dropped) Unofficial table of contents

Section 341

(1) In the case of the court whose judgment is challenged, the revision must be filed within one week of the date of the judgment of the office or in writing. (2) The proclamation of the judgment has not been in the presence of the Court of First Instance. If the accused took place, the time limit for delivery begins with the delivery, unless in the cases of § § 234, 387 (1), § 411 (2) and § 434 (1) sentence 1, the proclamation in the presence of the defendant provided with written power of authority has taken place. Unofficial table of contents

Section 342

(1) The beginning of the time limit for the filing of the revision is not excluded by the fact that a reinstatment can be sought in the previous stand against a judgment delivered on the failure of the accused. (2) If the accused person Application for re-establishment of rights, the revision shall be maintained by the fact that it is immediately filed and justified in the event of the application of that request. The further disposition in relation to the revision shall be suspended until the application for re-establishment has been completed. (3) The consideration of the revision without connection with the application for re-establishment of rights shall apply. as a renunciation of the latter. Unofficial table of contents

§ 343

(1) The legal force of the judgment, insofar as it is contested, shall be inhibited by timely consideration of the revision. (2) It shall be sent to the appellant, to whom the judgment was not yet served for the reasons, after the review has been submitted. Unofficial table of contents

§ 344

(1) The appellant has to make the statement of the extent to which he or she requests the judgment and the termination of the judgment (revisionssang), and to justify the requests. (2) It must be clear from the explanatory statement whether the judgment is due to infringement of a rule of law. shall be challenged by the procedure or by infringement of any other rule of law. If necessary, the facts that contain the defect must be indicated. Unofficial table of contents

Section 345

(1) The applications for revision and their justification shall be made no later than one month after the expiry of the time limit for the application of the appeal to the court whose judgment is being challenged. If at that time the judgment has not yet been delivered, the time limit begins with the delivery. (2) The accused can only do so in a document signed by the defender or a lawyer, or on the record of the office of the office. . Unofficial table of contents

§ 346

(1) If the revision has been filed late, or if the revision proposals have not been applied in time or in the form prescribed in section 345 (2), the court whose judgment is challenged shall have the right to appeal by decision as (2) Within one week of the notification of the decision, the appellant may apply to the decision of the Court of Revisional. In such a case, the files shall be sent to the Court of Appeal; however, the execution of the judgment shall not be inhibited. The provision of section 35a shall apply accordingly. Unofficial table of contents

§ 347

(1) If the revision is filed in good time and the revision proposals are timely and appropriate in the required form, the revision shall be sent to the opponent of the appellant. It is free to submit a written declaration of consent within one week. The defendant may also submit the latter to the minutes of the office. (2) After the receipt of the declaration of conduct or after the expiry of the period, the public prosecutor's office sends the files to the auditor's court. Unofficial table of contents

§ 348

(1) If the court to which the files are sent, that the trial and the decision on the appeal belong to the jurisdiction of another court, the court has, by decision, its lack of competence. (2) This decision, in which: the competent review court shall be designated, shall not be subject to any dispute and shall be bound by the court referred to in that court. (3) The file shall be handed over by the public prosecutor's office. Unofficial table of contents

§ 349

(1) In the event that the Revisional Court does not consider the provisions relating to the filing of the revision or the provisions relating to the affixing of the revisionary applications, the appeal court may reject the appeal as inadmissible by decision. (2) The Court of Revisitation may an application by the public prosecutor's office to give reasons for the decision shall also be taken by a decision if it considers the revision unanimously to be manifestly unfounded. (3) The Public Prosecutor's Office shall communicate the request referred to in paragraph 2 with the reasons for the request. Complainants with. The appellant may, within two weeks, submit a written declaration of general information to the court of auditors. (4) The appeal court, acting unanimously, considers that the appeal filed in favour of the defendant is justified, it may be the contested decision. (5) Do not comply with the provisions of paragraphs 1, 2 or 4 of the Court of Appeal, it shall rule on the appeal by judgment. Unofficial table of contents

§ 350

(1) The defendant and the defender shall be informed of the place and time of the main hearing. If the notice to the accused is not executable, the defendant shall be informed. (2) The defendant may appear in the main trial or may be represented by a defender provided with written authority. The defendant, who is not at liberty, shall not be entitled to a presence. (3) If the defendant, who is not at liberty, has not chosen a defender, he shall, if he is not presented at the main hearing, at his request. appointed a defender for the main hearing by the chairman. The application shall be submitted within one week after the accused has been informed of the date of the main hearing, having regard to his right to request the appointment of a defender. Unofficial table of contents

Section 351

(1) The main negotiation begins with the presentation of a rapporteur. (2) The public prosecutor's office and the defendant and his defence counsel shall be heard with their statements and requests, namely the appellant first. The defendant deserves the last word. Unofficial table of contents

Section 352

(1) The examination of the review court shall be subject only to the revisionssang and, to the extent that the revision is based on deficiencies of the proceedings, only the facts which have been referred to in the affixing of the revision proposals. (2) Another Justification of the revisionssang as the prescribed in § 344 para. 2 is not necessary and, if it is incorrect, harmless. Unofficial table of contents

§ 353

(1) Insofar as the revision is deemed to be justified, the judgment under appeal shall be repealed. (2) At the same time, the findings on which the judgment is based shall be waived, provided that they are affected by the infringement of the law, on the grounds of the infringement. Judgment is repealed. Unofficial table of contents

Section 354

(1) If the annulment of the judgment is only due to violation of the law in application of the law to the findings on which the judgment is based, the Court of Appeal shall decide in the case itself, provided that no further actual The Court of Appeal shall, in accordance with the application of the Public Prosecutor's Office, be able to recognize only the case of a canonization or an absolute sentence or an absolute sentence of sentence or an absolute sentence of sentence, or the Court of Appeal shall be punishable by law, or (1a) Due to a breach of the law only in the case of the admixing of the The Court of Appeal may waive the appeal of the annulment of the judgment under appeal, provided that the legal order imposed is appropriate. At the request of the Public Prosecutor's Office, it may deduct the legal consequences appropriately. (1b) The Court of Revisioning the judgment only on the grounds of violation of the law in the case of the formation of a total penalty (§ § 53, 54, 55 of the Criminal Code), this can be done with the proviso , a subsequent court decision on the total penalty shall be taken in accordance with § § 460, 462. If the Court of Appeal decides, in accordance with paragraph 1 or paragraph 1a, in respect of a single penalty, the first sentence shall apply mutatiously. Moreover, paragraphs 1 and 1a shall remain unaffected. (2) In other cases, the case shall be addressed to another department or chamber of the court whose judgment is annulled or to another court of the same order belonging to the same country to be remitted. In proceedings in which a Higher Regional Court has ruled in the first legal suit, the matter shall be referred back to another Senate of that court. (3) The refoulement may be made to a lower order court, if that is still in question is a criminal offence to which it is responsible. Unofficial table of contents

Section 354a

The Court of Appeal shall also proceed in accordance with Section 354, even if the judgment is annulled, because at the time of the decision of the Court of Appeal another law is deemed to be at the time of the adoption of the contested decision. Unofficial table of contents

§ 355

If a judgment is annulled on the grounds that the court of the preceding appeal has been wrongly deemed to have jurisdiction, the Court of Appeal shall, at the same time, refer the matter to the competent court. Unofficial table of contents

§ 356

The judgment shall be proclaimed in accordance with § 268. Unofficial table of contents

§ 356a

If, in the event of a review decision, the Court of First Instance violates the right of a party to be heard in a decision-making manner, it shall, at the request of the Court of First Instance, return the proceedings by a decision to the situation prior to the adoption of the The decision was made. The application shall be filed within one week after knowledge of the infringement of the legal hearing in writing or in the minutes of the office of the auditor and to establish the reasons for the decision. The date of knowledge acquisition is to be made credible. § 47 shall apply accordingly. Unofficial table of contents

§ 357

If, in the case of a defendant, the judgment is annulled on the grounds of a breach of the law in the application of the Criminal Code and the judgment extends to other defendants who have not filed a revision, the judgment shall apply to other defendants who have not filed an appeal. as if they had also filed a revision. Section 47 (3) shall apply accordingly. Unofficial table of contents

§ 358

(1) The court to which the matter is referred to the other proceedings and the decision shall also be based on the legal assessment on which the annulment of the judgment is based. (2) The judgment under appeal may not be in the manner and in the amount of the legal consequences of the act shall not be altered to the detriment of the accused, if only the defendant, in his favour, the public prosecutor's office or his legal representative has lodged a revision. If the placement of the accommodation in a psychiatric hospital is lifted, this provision shall not prevent a penalty from being imposed in place of the accommodation. Sentence 1 shall not preclude the placement of accommodation in a psychiatric hospital or an equalisation institution.

Fourth book
Resumption of a trial concluded by a final judgment

Unofficial table of contents

§ 359

The resumption of proceedings in favour of the convicted person, which has been completed by a final judgment, shall be admissible,

1.

if a document which has been deemed to have been impoverished as a genuine instrument in the main negotiation has been imreal or distorted;

2.

if the witness or expert is guilty of an intentional or negligent breach of the duty of oath or of an intentional false false statement in the case of a witness or expert opinion delivered in the favour of the convicted person ;

3.

if, in the judgment, a judge or a spoon participated in the judgment, who has been found guilty in relation to the cause of a criminal offence of his duties, provided that the offence is not caused by the convicted person himself;

4.

if a judgment of the civil court on which the criminal part is founded is annulled by another judgment which has become final;

5.

where new facts or evidence are provided which, alone or in conjunction with the evidence previously collected, constitute the acquittal of the defendant or, in the application of a milder criminal law, a lesser punishment or a substantially different a decision on a measure of improvement and security shall be justified;

6.

if the European Court of Human Rights has found a breach of the European Convention for the Protection of Human Rights and Fundamental Freedoms or its protocols, and the judgment is based on this violation.

Unofficial table of contents

§ 360

(1) The application for the resumption of proceedings does not obey the execution of the judgment. (2) The court may, however, order a postponation and an interruption of enforcement. Unofficial table of contents

§ 361

(1) The application for a retrial shall not be excluded either by the execution of the sentence or by the death of the convicted person. (2) In the event of death, the spouse, the life partner, the relatives ascending and descending shall be excluded. as well as the siblings of the deceased to the request. Unofficial table of contents

§ 362

The resumption of proceedings in favour of the accused, which has been completed by a final judgment, shall be admissible,

1.

if a document presented in the main hearing in his favour as a genuine document was false or falsified;

2.

if the witness or expert is guilty of an intentional or negligent breach of the duty of oath or of an intentional false false statement in the case of a testimony or expert opinion filed in favour of the defendant ;

3.

if a judge or a spoon has been involved in the judgment which has been found guilty in relation to the cause of a criminal offence of his duty to be responsible;

4.

if a credible confession of the offence is filed by the acquitted person in court or out of court.

Unofficial table of contents

§ 363

(1) A resumption of the procedure for the purpose of bringing about another penalty measurement under the same criminal law is not admissible. (2) A retrial for the purpose of a reduction of the penalty for reduced Liability (§ 21 of the Criminal Code) is to be brought about, is also excluded. Unofficial table of contents

§ 364

A request for a retrial to be established for the allegation of a criminal offence shall be admissible only if a final conviction has been issued on the grounds of that act or if the initiation or implementation of a criminal offence is subject to a final sentence. Criminal proceedings cannot be carried out for other reasons than because of lack of evidence. This does not apply in the case of § 359 No. 5. Unofficial table of contents

Section 364a

The court responsible for decisions in the retrial shall appoint a defender who has no defence attorney at the request of a defender for the retrial if, on account of the difficulty of the property or legal situation, the The participation of a defender appears. Unofficial table of contents

Section 364b

(1) The court in charge of the decisions in the retrial shall appoint the convicted person who has no defence attorney, at the request of a defender, for the preparation of a retrial if:

1.

there is sufficient real evidence that certain investigations lead to facts or evidence which may give rise to the admissibility of an application for a retrial,

2.

because of the difficulty of the legal or legal situation, the involvement of a defender appears, and

3.

the convicted person is unable to appoint a defender at his own expense, without prejudice to the maintenance required for him and his family.

Where a defendant is already appointed, the Court of First Instance shall, on application by a decision, establish that the conditions set out in points 1 to 3 of sentence 1 are fulfilled. (2) For the procedure for determining the conditions laid down in paragraph 1, sentence 1 1 No. 3 shall apply in accordance with Section 117 (2) to (4) and Section 118 (2) sentences 1, 2 and 4 of the Code of Civil Procedure. Unofficial table of contents

§ 365

The general rules on appeal shall also apply to the request for a retrial. Unofficial table of contents

§ 366

(1) The application must indicate the legal reason for the resumption of the proceedings and the evidence. (2) The accused person and the persons referred to in § 361 (2) may only request the application by means of one of the defenders or the persons responsible for the application. a document signed by a lawyer or a protocol of the office of office. Unofficial table of contents

§ 367

(1) The jurisdiction of the Court of First Instance for the decisions in the retrial and the application for the preparation of a retrial shall be governed by the special provisions of the Law of the Court of Justice. The convicted may also file requests pursuant to § § 364a and 364b or a request for admission of the retrial of the proceedings also to the court whose judgment is appealed; the latter shall forward the application to the competent court. (2) The Decisions concerning applications pursuant to § § 364a and 364b and the application for admission of a retrial are to be made without oral proceedings. Unofficial table of contents

§ 368

(1) If the application is not in the prescribed form or if there is no legal reason for the resumption or if no appropriate evidence is cited, the application shall be rejected as inadmissible. (2) Otherwise, the application shall be deemed to be admissible. to submit the applicant's opponent to the applicant, in accordance with a time limit. Unofficial table of contents

§ 369

(1) If the application is deemed admissible, the court shall, where necessary, instructs a judge to hold the evidence which has occurred. (2) It shall be left to the discretion of the court whether the witnesses and experts are eitherly (3) In the case of the hearing of a witness or expert and the taking of a judicial eye bill, the prosecutor's office, the defendant and the defender shall be allowed to be present. § 168c (3), § 224 (1) and (225) shall apply accordingly. If the defendant is not on a free foot, he shall not be entitled to a presence if the date is not held at the place of jurisdiction of the place where he is in detention and his involvement with the evidence (4) At the end of the taking of evidence, the Public Prosecutor's Office and the accused are to be called upon to make a further statement in order to set a time limit. Unofficial table of contents

§ 370

(1) The request for the resumption of proceedings shall be rejected without oral proceedings as unfounded if the allegations contained therein have not found sufficient confirmation or if in the cases of § 359 Nos. 1 and 2 or § 362 (2) Otherwise, the Court of First Instance orders the resumption of proceedings and the renewal of the proceedings, and the Court of First Instance held that the Court of Justice had not taken any action. Main negotiation. Unofficial table of contents

§ 371

(1) If the convicted person is already deceased, without the renewal of the main hearing, the court, after receiving the proof that is still necessary, has either to recognize the case for acquittal or to refuse the application for a retrial. (2) Also in However, in other cases, the court may, in the case of public claims only with the consent of the public prosecutor's office, immediately acquit the convicted person if sufficient evidence is already available. (3) The release of the previous judgment is subject to the case law. to connect. If only a measure of improvement and security was recognized, the release of the previous judgment will replace the case. (4) The repeal shall be made known in the Federal Gazette at the request of the applicant and may be published after the Discretion of the Court shall also be published in other appropriate ways. Unofficial table of contents

§ 372

Any decisions taken on the occasion of a request for a retrial by the court in the first legal proceedings may be challenged with an immediate appeal. The decision by which the court orders the resumption of proceedings and the renewal of the main trial cannot be challenged by the public prosecutor's office. Unofficial table of contents

Section 373

(1) In the re-trial, either the earlier judgment must be maintained or be recognized elsewhere in the case elsewhere. (2) The earlier judgment may not, in the manner and amount of the legal consequences of the act, to the detriment of the If only the convicted person, in his favour, the public prosecutor's office or his legal representative has requested that the proceedings be resumed, the convicted person shall be subject to amendment. This provision does not preclude the placement of accommodation in a psychiatric hospital or an equalisation institution. Unofficial table of contents

Section 373a

(1) The resumption of proceedings in favour of the convicted by a legally binding order shall also be admissible if new facts or evidence have been provided, either alone or in connection with the previous evidence (2) § § 359 to 373 shall apply mutas to the resumption of a procedure concluded by a court order.

Fifth Book
Involvement of the injured in proceedings

First section
Private Sector

Unofficial table of contents

§ 374

(1) In the course of private action, the person may be injured without the need for a prior appeal to the public prosecutor's office,

1.

a breach of domestic peace (§ 123 of the Criminal Code),

2.

an insult (§ § 185 to 189 of the Criminal Code) if it is not directed against any of the political entities referred to in § 194 (4) of the Penal Code,

2a.

a violation of the highest personal area of life by image recordings (§ 201a (1) and (2) of the Criminal Code),

3.

a violation of the secrecy of letters (§ 202 of the Criminal Code),

4.

a personal injury (§ § 223 and 229 of the Penal Code),

5.

(§ 238 (1) of the Penal Code) or a threat (Section 241 of the Criminal Code),

5a.

A bribery or bribery in the course of business (Section 299 of the Criminal Code),

6.

a damage to property (§ 303 of the Criminal Code),

6a.

a criminal offence under section 323a of the Criminal Code, if the offence committed in exchange is a offence referred to in points 1 to 6,

7.

a criminal offence pursuant to sections 16 to 19 of the law against unfair competition;

8.

a criminal offence pursuant to § 142 (1) of the Patent Act, § 25 (1) of the German Utility Model Act, § 10 (1) of the Semiconductor Protection Act, § 39 (1) of the Plant Variety Protection Act, § 143 (1), § 143a (1) and § 144 (1) and (2) of the Trademark Act, § 51 (1) and Section 65 (1) of the Design Act, § § 106 to 108 as well as § 108b (1) and (2) of the German Copyright Act and § 33 of the Law on Copyright in the Works of Fine Arts and Photography.

(2) The private prosecution may also collect who, in addition to the injured person or in his place, is entitled to file a criminal complaint. The persons referred to in Article 77 (2) of the Criminal Code may also collect the private lawmaking if the person entitled before them has filed the criminal proceedings. (3) If the injured person has a legal representative, the power to collect the Private action by the latter and, where bodies, companies and other persons, who, as such, are able to complain in civil disputes which are the injured, are perceived by the same persons by which they are in bourgeois Legal disputes shall be represented. Unofficial table of contents

Section 375

(1) If a number of persons are entitled to a private action for the same offence, each one is independent of the other in the exercise of that right. (2) However, if one of the beneficiaries has collected the private action, the remainder shall be the only one to accede to the (3) Any decision taken in the case itself shall give effect to the accused in favour of the accused, even in respect of such beneficiaries, who shall: have not raised the private charges. Unofficial table of contents

§ 376

The public prosecutor's office is subject to the public action only if it is in the public interest. Unofficial table of contents

Section 377

(1) The Public Prosecutor shall not be obliged to participate in the private action proceedings. The Court of First Instance shall submit the files to the Court of First Instance if it considers that the pursuit of the persecution by him is necessary. (2) The Public Prosecutor's Office may also, in any state of the matter, until the legal force of the judgment enters into force, by means of an express declaration. Take over tracking. The application of the legal remedy is to include the pursuit of the persecution. Unofficial table of contents

§ 378

The private prosecutor may appear in the counsel of a lawyer or may be represented by a lawyer with written authority. In the latter case, the deliveries to the private plaintiff with legal effect may be made to the lawyer. Unofficial table of contents

§ 379

(1) The private plaintiff shall be required to provide security for the costs likely to be incurred by the accused under the same conditions under which the plaintiffs shall, at the request of the defendant, in respect of the defendant's legal disputes, on the grounds of the defendant's security. (2) The security performance shall be effected by deposit in cash or in securities. This is without prejudice to provisions deviating from this in a legal regulation adopted pursuant to the law on payment transactions with courts and judicial authorities. (3) For the amount of the security and the time limit for its performance as well as for the Legal aid shall be subject to the same rules as in civil litigation. Unofficial table of contents

Section 379a

(1) In order to pay the fee advance pursuant to Section 16 (1) of the Law Costs Act, a period of time shall be determined by the Court of First Instance, unless the private prosecutor is granted legal aid or the right to charge, and shall be subject to the following conditions: (2) Before payment of the advance, no legal action shall be taken unless it is credited that the delay to the private prosecutor is not to be replaced or that the delay is difficult to replace. (3) After a fruitless expiry of the period laid down in paragraph 1 the private action is rejected. The decision may be appealed with an immediate appeal. It shall be waived by the court which has issued it, on its own account, if it is found that the payment has been received within the time limit laid down. Unofficial table of contents

§ 380

(1) For breach of the law, insult, breach of letter secrecy, personal injury (§ § 223 and 229 of the Criminal Code), threat and damage to property, the application of the action shall be admissible only after the application of the law by the National justice administration has been tried unsuccessfully for the development of the conciliation authority. The same is true of a criminal offence under Section 323a of the Criminal Code, if the act committed in exchange is a offences referred to in sentence 1. The plaintiff has to file the certificate with the application. (2) The State Administration of Justice can determine that the settlement authority may make its activity dependent on the deposit of a reasonable cost advance. (3) The rules The provisions of paragraphs 1 and 2 shall not apply if the official supervisor is empowered pursuant to Section 194 (3) or § 230 (2) of the Penal Code to file criminal proceedings. (4) If the parties do not reside in the same district, the order may be arranged after the order of the National justice administration apart from an atonation attempt. Unofficial table of contents

Section 381

The filing of the action shall be carried out in accordance with the minutes of the office or by the filing of an indictup. The action must comply with the requirements laid down in Article 200 (1). Two copies must be filed with the indictup. Unofficial table of contents

Section 382

If the action is correct, the court shall notify it to the accused person, in the light of a time limit for the declaration. Unofficial table of contents

Section 383

(1) Upon receipt of the declaration of the accused or expiry of the period, the Court of First Instance shall decide whether to open the main proceedings or to reject the action, in accordance with the provisions laid down by a public prosecutor's office are to be applied directly. In the decision by which the main proceedings are opened, the court designates the accused and the act according to § 200 para. 1 sentence 1. (2) If the perpetrator's guilt is low, the court may discontinue the proceedings. The setting is also allowed in the main hearing. The decision may be appealed with an immediate appeal. Unofficial table of contents

Section 384

(1) The further procedure shall be governed by the rules laid down for the procedure to be brought before the public action. (2) § 243 is to be applied with the proviso that the Chairman reads the decision on the opening of the main proceedings. (3) The Court of First Instance, without prejudice to § 244 (2) of the Rules of Procedure, shall apply. the extent of the taking of evidence. (4) The provision of Section 265 (3) on the right to demand the suspension of the main trial is not applicable. (5) Before the Court of Appeal, a private charge cannot be applied simultaneously with a public hearing. Proceedings pending before the Court of Action are being negotiated. Unofficial table of contents

Section 385

(1) Insofar as the public prosecutor's office is to be referred to and heard in the proceedings for a raised public action, private lawsuits shall be brought and heard in the proceedings in respect of the private lawsuit raised. All decisions made there by the Public Prosecutor shall be notified to the private prosecutor. (2) Between the notification of the charge of the private prosecutor to the main negotiation and the date of the latter, a period of at least (3) The right of access to the file can only be exercised by a lawyer by the private plaintiff. § 147 (4) and (7) and § 477 (5) apply accordingly. (4) In the cases of § § 154a and 430, the second sentence of paragraph 3 shall not apply. (5) In the review procedure, a request by the private-sector owner pursuant to § 349 (2) is not required. Section 349 (3) shall not apply. Unofficial table of contents

§ 386

(1) The Chairman of the Court of First Instance determines which persons are to be summoned to the main hearing as witnesses or experts. (2) The right of direct charge shall be granted to the private kläger and to the defendant. Unofficial table of contents

Section 387

(1) In the main hearing, the accused may also appear in the counsel of a lawyer or may be represented by such a lawyer on the basis of a written authorisation. (2) The provision of § 139 applies to the plaintiff's lawyer and to (3) The court shall have the power to order the personal appearance of the plaintiff and of the defendant, including the accused, of having the accused presitiated. Unofficial table of contents

Section 388

(1) If the injured person has filed a private lawsuit, the accused, until the end of the last word (§ 258 para. 2 sentence 2), may, by means of a counterclaim, apply for the punishment of the plaintiff in the first legal proceedings if he or she of the latter is also (2) If the plaintiff is not the person injured (Section 374 (2)), the accused person may not be the victim of the crime. (2) Rise up against the injured. In this case, the delivery of the counterclaim to the injured person and its summons to the main negotiation shall be required, provided that the counterclaim is not levied in the main hearing in the presence of the injured person. (3) The action and the counterclaim are at the same time. (4) The withdrawal of the action is without any influence on the proceedings concerning the counterclaim. Unofficial table of contents

Section 389

(1) If the Court of First Instance finds that the facts to be found constitute a criminal offence to which the procedure prescribed in this section is not applicable, it shall have jurisdiction to do so by judgment which shall: (2) The negotiations are to be communicated to the Public Prosecutor's Office in this case. Unofficial table of contents

§ 390

(1) The private prosecutor shall have the right to appeal to the public prosecutor's office in the proceedings for the proceedings brought to the public. The same shall apply from the request for the resumption of proceedings in the cases of § 362. The provision of Section 301 is to be applied to the appeal of the private person. (2) Revisionproposals and requests for the resumption of the proceedings concluded by a final judgment may only be made by a private person by means of one of the following: (3) The submission and submission of the files arranged in § § 320, 321 and 347 shall be carried out as in the proceedings at the public prosecutor's office and by the public prosecutor's office. The service of the appellant's opponent shall be notified by the office of the appellant. (4) The provision of § 379a on the payment of the fee advance and the consequences of non-timely payment shall apply. (5) The provision of section 383 (2) sentence 1 and 2 on the cessation of inactivity shall also apply in the appeal proceedings. The decision shall not be countervailable. Unofficial table of contents

§ 391

(1) The private action may be withdrawn in any circumstances of the proceedings. After the commencement of the hearing of the accused to the cause in the main hearing of the first legal suit, the withdrawal of the defendant's consent shall be required. (2) The withdrawal shall be deemed to be the case in the proceedings of the first legal suit and, as far as the defendant is the has appealed, in the proceedings of the second appeal, if the private prosecutor does not appear in the main hearing or is represented by a lawyer or does not appear in the main trial or another date, although the court his personal appearance, or a time limit which he had not received, which he had (3) In the event of the failure to comply with the provisions of Section 301, if the private accuser has appealed, it shall be immediately dismissed without prejudice to the provisions of Section 301. (4) The private carer may within the one week after the failure to reinstate, the reinstatement to the previous stand under the conditions laid down in § § 44 and 45. Unofficial table of contents

§ 392

The withdrawn private action cannot be brought up again. Unofficial table of contents

§ 393

(1) The death of the private plaintiff results in the termination of the proceedings. (2) However, after the death of the plaintiff, the private plaintiff can be continued by the persons entitled to collect the private plaintiff pursuant to § 374 (2). (3) The continuation is from the In case of loss of the right within two months, calculated from the death of the private prosecutor, to be declared in court. Unofficial table of contents

§ 394

The withdrawal of the private action and of the death of the private person and the continuation of the private action are to be announced to the accused.

Second section
Side action

Unofficial table of contents

§ 395

(1) The public action brought or the application in the security procedure can be followed by the secondary action, who is injured by an illegal act after

1.

§ § 174 to 182 of the Criminal Code,

2.

§ § 211 and 212 of the Criminal Code, which has been tried

3.

§ § 221, 223 to 226a and 340 of the Criminal Code,

4.

§ § 232 to 238, 239 (3), § § 239a, 239b and 240 (4) of the Criminal Code,

5.

§ 4 of the Violation Protection Act,

6.

Section 142 of the German Patent Act, § 10 of the Semiconductor Protection Act, § 39 of the Plant Variety Protection Act, § § 143 to 144 of the Trademark Act, § § 51 and 65 of the Design Act, § § 106 to 108b of the German Copyright Act, § 33 of the law on copyright in the works of the visual arts and photography and § § 16 to 19 of the Act against unfair competition.

(2) The same power shall be conferred on persons,

1.

whose children, parents, siblings, spouses or life partners have been killed by an unlawful act, or

2.

who brought about the public action by a request for a court decision (§ 172).

(3) Anyone who is injured by another illegal act, in particular in accordance with § § 185 to 189, 229, 244 (1) (3), § 249 to 255 and 316a of the Criminal Code, may join the public lawsuit filed with the subsidiary charge if: for special reasons, in particular because of the serious consequences of the action, it appears necessary to exercise its interests. (4) The connection shall be admissible in any circumstances of the proceedings. It may also be used for the filing of legal remedies. (5) If the prosecution is limited in accordance with § 154a, this does not affect the right to join the public lawsuit raised as a co-prosecutor. If the co-sucker is admitted to the proceedings, a restriction according to § 154a (1) or (2) shall not apply insofar as it relates to the secondary proceedings. Unofficial table of contents

§ 396

(1) The declaration of termination shall be submitted to the court in writing. A statement of public action taken before the public action brought before the public prosecutor's office or the court shall take effect in the collection of the public action. In the case of criminal orders, the connection becomes effective if the date of the main trial is scheduled (§ 408 para. 3 sentence 2, § 411 para. 1) or the request for the remission of a criminal order has been rejected. (2) The court decides on the authority after hearing the public prosecutor's office. In the cases of Section 395 (3), after hearing the accused, it shall also decide whether the connection for the reasons mentioned there is necessary; this decision shall be indisputable. (3) The court is considering the proceedings pursuant to Section 153 (2), § 153a (2), Section 153b (2) or § 154 (2), it shall first of all decide on the entitlement to the connection. Unofficial table of contents

Section 397

(1) The secondary councor, even if he is to be heard as a witness, is entitled to be present in the main trial. He is to be charged for the main trial; § 145a (2) sentence 1 and § 217 (1) and (3) apply accordingly. The power to refuse a judge (§ § 24, 31) or expert (§ 74), the right to question (§ 240 (2)), the right to challenge orders of the chairman (§ 238 paragraph 2) and questions (§ 242), the right of proof of evidence (§ 244 paragraph 3 to 6) as well as the right to make statements (§ § 257, 258) are also available to the secondary councor. Unless otherwise provided by law, the public prosecutor's office shall be responsible for the same extent as the public prosecutor's office. Decisions taken by the Public Prosecutor's Office shall also be made known to the co-prosecutor; § 145a (1) and (3) shall apply mutatis. (2) The co-prosecutor may serve the adviser of a lawyer or be assisted by such a lawyer. to be represented. The lawyer shall be entitled to attend the main hearing. He shall be notified of the date of the main hearing if his election is indicated to the court or if he has been appointed as a councor. Unofficial table of contents

Section 397a

(1) The co-prosecutor shall, on his request, appoint a lawyer as a counsel if he/she

1.

is infringed by a crime pursuant to sections 176a, 177, 179, 232 and 233 of the Criminal Code,

2.

is infringed by an attempted unlawful act in accordance with sections 211 and 212 of the Criminal Code or is a member of one who has been killed by an illegal act within the meaning of Section 395 (2) (1),

3.

is infringed by a crime under sections 226, 226a, 234 to 235, 238 to 239b, 249, 250, 252, 255 and 316a of the Criminal Code, which has caused or is likely to cause serious physical or psychological damage;

4.

is infringed by an illegal act in accordance with § § 174 to 182 and 225 of the Criminal Code and at the time of the act it is 18. had not yet been completed or could not sufficiently fulfil its own interests, or

5.

is infringed by an unlawful act in accordance with § § 221, 226, 226a, 232 to 235, 237, 238 (2) and 3, § § 239a, 239b, 240 (4), § § 249, 250, 252, 255 and 316a of the Criminal Code and he/she shall be 18. It has not yet completed its life year or is unable to fulfil its own interests sufficiently.

(2) if the conditions for an order referred to in paragraph 1 are not met, the co-prosecutor shall be required to grant legal aid under the same rules as in civil litigation for the confiscation of a lawyer at the request of legal aid, if he is not able to carry out his own interests sufficiently, or if he is not able to do so. Section 114 (1), first sentence, second half-sentence and paragraph 2 and § 121 (1) to (3) of the Code of Civil Procedure shall not apply. (3) Applications referred to in paragraphs 1 and 2 may be submitted prior to the declaration of the connection. The chairman of the court dealing with the case shall decide on the appointment of the attorney for which § 142 (1) applies accordingly and the approval of legal aid shall be decided by the chairman of the court. Unofficial table of contents

§ 398

(1) The progress of the proceedings will not be held up by the connection. (2) The main trial already scheduled and other dates shall take place on the specified days, even if the secondary councor is no longer charged due to a short period of time, or can be notified. Unofficial table of contents

§ 399

(1) Decisions which have already been taken before the connection and which were made known to the Public Prosecutor's Office do not require any notice to the co-prosecutor except in the cases of Section 401 (1) sentence 2. (2) The challenge of such decisions is also to be found in the following: the co-prosecutor no longer applies if the public prosecutor's office has expired the time limit for the dispute. Unofficial table of contents

§ 400

(1) The co-prosecutor cannot challenge the judgment with the aim of imposing a different legal consequence of the act or that the defendant is convicted of a breach of the law which does not entibe the person to be convicted. (2) The By the side, the immediate appeal against the decision to refuse the opening of the main proceedings or to cease the proceedings in accordance with § § 206a and 206b, in so far as it relates to the deed, on the basis of which the co-keeers are to be followed by is authorized. Moreover, the decision by which the procedure is set is indisputable for the co-sucker. Unofficial table of contents

§ 401

(1) The legal remedy may be used by the co-prosecutors independently of the prosecutor's office. If, after the judgment has been given, the contegal is brought to the conclusion of an appeal, the contegal shall be notified immediately of the judgment under appeal. The time limit for the justification of the appeal shall begin with the expiry of the time limit for the prosecutor's office for the filing of the appeal, or, if the judgment has not yet been delivered to the co-prosecutor, with the notification of the judgment to him, if a decision on the authority of the co-plaintiff has not been given for the connection. (2) If the co-plaintiff was present in the main hearing or represented by a lawyer, the time limit for the filing of the appeal shall commence for him. even with the delivery of the judgment, even if it is no longer present or represented in the case of the judgment He may not claim reinstatement in the previous stand against the failure of the deadline due to lack of evidence of the right to appeal. If the co-author has not been present or represented at all in the main hearing, the time limit begins with the delivery of the judgment formula to him. (3) If the co-author has appealed to him alone, this shall be if at the beginning of a case the following shall be: The main hearing did not appear to have appeared either by the co-prosecutor or by a lawyer, without prejudice to the provision of Section 301 immediately. In the course of a week following the failure to comply with § § 44 and 45, the secondary councillor may claim reinstatement in the previous stand. (4) The contested decision shall be applied to an appeal filed only by the co-sucker. , the operation of the case is in turn the prosecutor's office. Unofficial table of contents

§ 402

The declaration of termination loses its effect by revocation as well as by the death of the co-general.

Third Section
Compensation for the injured

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§ 403

The injured person or his/her heir may, against the accused, be entitled to a property rights arising out of the offence which is part of the jurisdiction of the ordinary courts and which has not yet been brought before the other courts, in the Criminal proceedings, in proceedings before the Local Court, irrespective of the value of the subject of the dispute. Unofficial table of contents

§ 404

(1) The application by which the claim is made may be made in writing or orally to the minutes of the document of the official, in the main hearing, also orally until the beginning of the final proposals. It must designate the subject matter and reason of the claim and shall contain the evidence. If the application is filed outside the main trial, it shall be sent to the accused person. (2) The application shall have the same effects as the application of the application in the civil dispute. You enter into court with the application of the application. (3) If the application is filed before the start of the main trial, the applicant will be notified of the place and time of the main hearing. The applicant, his legal representative and the spouse or life partner of the person entitled to the application may participate in the main hearing. (4) The application may be withdrawn until the judgment is announced. (5) The applicant and the applicant may be On application for legal aid, the accused must be granted legal aid in accordance with the same rules as in civil disputes, as soon as the action is brought. Section 121 (2) of the Code of Civil Procedure shall apply with the proviso that the accused person who has a defender shall be assigned to it; the applicant, who shall be served in the main proceedings of the adviser of a lawyer, shall be entitled to shall be attached. The decision shall be taken by the court responsible for the decision; the decision shall not be countervailable. Unofficial table of contents

§ 405

(1) At the request of the injured person or his heir and the defendant, the court takes up a comparison of the claims arising out of the offence in the protocol. (2) The Court of Civil Justice is responsible for deciding on objections to the legal effectiveness of the settlement, in the latter case the court of justice of the courts of justice shall be responsible for the decision to take a decision on the validity of the settlement. District the criminal court of the first legal train has its seat. Unofficial table of contents

§ 406

(1) The court shall give the application in the judgment with which the accused shall be convicted of an offence or a measure of improvement and security against him shall be ordered in so far as the application is based on the grounds of that offence. The decision may be limited to the reason or a part of the asserted claim; § 318 of the Code of Civil Procedure shall apply accordingly. The Court of First Instance departs from a decision if the application is inadmissible or if it appears unfounded. Moreover, the Court of First Instance may not be able to take a decision unless the application is not suitable, even in the light of the applicant's legitimate concerns, for the purposes of prosecution in the criminal proceedings. In particular, the application shall not be suitable for execution in criminal proceedings if its further examination, even if a decision is taken into account only on the basis or part of the claim, would significantly delay the proceedings. To the extent that the applicant claims to be entitled to receive a pain relief (Section 253 (2) of the Civil Code), a decision shall be admissible only in accordance with sentence 3. (2) Disclaimer of the defendant to the applicant's (3) The decision on the application shall be the same as the judgment delivered in the civil proceedings. The court declares the decision to be enforceable on a provisional basis; § § 708 to 712 as well as § § 714 and 716 of the Code of Civil Procedure shall apply accordingly. To the extent that the claim is not granted, it can be asserted elsewhere. If a final decision is taken on the basis of the claim, the trial of the amount pursuant to Section 304 (2) of the Civil Procedure Code shall be held before the competent civil court. (4) The applicant shall receive a copy of the judgment with reasons or an extract from it. (5) The Court of First Instance considers that it should refrain from taking a decision on the application, it shall inform the parties concerned as soon as possible. As soon as the Court of First Instance, after hearing the applicant, considers the conditions for a decision on the application not to be fulfilled, it shall, by decision, take a decision on the application. Unofficial table of contents

§ 406a

(1) An immediate appeal is admissible against the decision, which, in accordance with Section 406 (5), second sentence, is waied by a decision on the application, if the application has been filed before the start of the main hearing and as long as no legal suit is required. final decision. Moreover, the applicant is not entitled to an appeal. (2) If the court uphold the application, the defendant may contest the decision without the criminal part of the judgment with the legal remedy otherwise admissible. In such a case, the appeal may be decided by decision in a non-public sitting. If the appeal is admissible, an oral hearing by the parties concerned shall be held at the request of the defendant or the applicant. (3) The decision to be submitted to the application shall be waived if the defendant, with the suspension of the Conviction for the offence on which the decision on the application has been based, is not found guilty, nor is it ordered against a measure of improvement and security. This shall also apply if the judgment is not contested in so far as it is not contested. Unofficial table of contents

Section 406b

Enforcement shall be governed by the rules applicable to the enforcement of judgments and litigation in civil disputes. In accordance with § § 323, 731, 767, 768, 887 to 890 of the Code of Civil Procedure, the court of civil justice in whose district the criminal court of the first legal train has its registered office is responsible for the proceedings. Objections relating to the claim established in the judgment shall be admissible only in so far as the reasons on which they are based, after the conclusion of the main proceedings of the first legal action and, if the Court of Appeal has decided, shall be admissible in accordance with The conclusion of the main negotiation in the appeal proceedings has arisen. Unofficial table of contents

§ 406c

(1) The request for the resumption of proceedings may limit the defendant to bring about a substantially different decision on the claim. The court then decides without renewal of the main trial by decision. (2) The application for the resumption of proceedings is only against the criminal part of the judgment, so § 406a para. 3 applies accordingly.

Fourth Section
Other powers of the injured

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Section 406d

(1) The person who has been injured shall, upon request, be informed of the termination of the proceedings and the outcome of the judicial proceedings, insofar as it relates to him. (2) To the injured person must be informed, on request, whether:

1.

the convicted person has been given the instruction to make no contact with or not to return to the person who has been injured;

2.

Measures to be taken against the accused person or the convicted person are ordered or terminated, or whether, for the first time, full-time easing or leave is granted if it presents a legitimate interest and does not constitute an overriding protection worthy of protection Interest of the person concerned to the exclusion of the notification is available; in the cases referred to in § 395 (1) (1) to (5) and in the cases of § 395 (3) in which the injured person has been admitted to the secondary situation, the presentation of a not of legitimate interest;

3.

the convicted person shall be granted full relaxation or leave if a legitimate interest is shown or shown, and if there is no overriding protection of the convicted person's interest in the exclusion of the notification.

(3) Communications may not be available unless they are possible under an address indicated by the injured person. If the injured person has chosen a lawyer as a counsel, he has been assigned such a lawyer or if he is represented by such a lawyer, Section 145a shall apply accordingly. Unofficial table of contents

Section 406e

(1) For the injured person, an attorney may inspect the files which are available to the court or which would be submitted to the court in the case of the collection of the public action, as well as the evidence of evidence which has been officially dismissed, insofar as he or she is entitled to do so. Present interest. In the cases referred to in § 395, the presentation of a legitimate interest is not necessary. (2) The inspection of the files shall be refused, insofar as the overriding legitimate interests of the accused or of other persons are contrary. It can be denied in so far as the purpose of the investigation, including in another criminal case, appears at risk. It may also be denied if the proceedings were to be significantly delayed by it, unless the public prosecutor's office stated in the cases referred to in § 395 the conclusion of the investigation in the files. (3) On request, the Lawyer, unless there are important reasons to oppose the file, with the exception of the pieces of evidence, to be given to his or her premises or his home. The decision shall not be appealable. (4) In the preparatory proceedings and after the final conclusion of the proceedings, the public prosecutor's office shall decide on the granting of the inspection of the file, and the chairman of the court responsible for the case shall be the other. The decision of the Public Prosecutor's Office pursuant to the first sentence of the first sentence can be applied for by the court competent pursuant to Section 162. § § 297 to 300, 302, 306 to 309, 311a and 473a shall apply accordingly. The decision of the Court of First Instance shall be unquestionable as long as the investigation has not yet been completed. Such decisions shall not be provided for reasons which could jeopardizate the purpose of the investigation. (5) Under the conditions laid down in paragraph 1, information and transcripts may be obtained from the files of the file. (6) § 477 (5) shall apply accordingly. (6) § 477 (5) shall apply mutah. Unofficial table of contents

Section 406f

(1) Injured can be served by the counsel of a lawyer or can be represented by such a lawyer. The presence of a lawyer for the interrogation of the injured person is permitted. (2) In the case of an interrogation of injured persons, the presence of a person who has been published for questioning is to be allowed to be present at the request of the person who is being questioned. This is because this could endanger the purpose of the investigation. The decision shall be taken by the person responsible for the hearing; the decision shall not be countervailable. The reasons for rejection are to be informed. Unofficial table of contents

§ 406g

(1) In accordance with § 395 for the purpose of connection with the subsidiary envoy, it is also possible to serve as a counsel or to be represented by such a representative before the public action is collected and without the declaration of a connection by a lawyer. They are entitled to be present in the main trial, even if they are to be heard as witnesses. If it is doubtful whether a person is entitled to leave the court, the court, after hearing the person and the public prosecutor's office, shall decide on the right of presence; the decision shall be incapable of counteracting the decision. The legal counsel shall be notified of the date of the main hearing if they have requested this. (2) The lawyer of the secondary counsel is entitled to be present in the main hearing; the third sentence of paragraph 1 shall apply accordingly. He shall be notified of the date of the main hearing if his election is indicated to the court or if he has been appointed as a councor. Sentences 1 and 2 shall apply in the case of judicial interrogations and the taking of a judicial eye, unless the presence or notification of the lawyer could jeopardise the purpose of the investigation. (3) § 397a applies as appropriate for

1.

the appointment of a lawyer and

2.

The granting of legal aid for the execution of a lawyer.

In the preparatory proceedings, the court decides in accordance with § 162. (4) At the request of the person who is entitled to be a co-prosecutor, in the cases of § 397a (2), a lawyer can be appointed as a counsel if:

1.

this is necessary for special reasons,

2.

the participation of an adviser is in need of assistance; and

3.

the granting of legal aid seems possible, but a timely decision on this is not to be expected.

§ 142 (1) and § 162 shall apply accordingly for the order. The order shall end if a request for authorisation of legal aid is not made within a time limit to be determined by the judge or if the authorisation of legal aid is refused. Unofficial table of contents

§ 406h

Injured shall be informed, as early as possible, in writing and, as far as possible, in a language which is understandable for them, to their powers in accordance with § § 406d to 406g, and in particular also to point out that they

1.

Under the conditions laid down in § § 395 and 396 of this Act or § 80 (3) of the Juvenile Law of the Juvenile Law, join the public action with the secondary situation and, according to § 397a, may request that a lawyer be given a legal basis. orders or is granted legal aid for the execution of such assistance;

2.

In accordance with § § 403 to 406c of this Act and § 81 of the Juvenile Court Act, a right to property rights arising from the offence can be asserted in the criminal proceedings,

3.

in accordance with the Victim Compensation Act, can claim a pension entitlement,

4.

may request the issuing of orders against the accused in accordance with the law on the protection of violence, and

5.

Support and assistance can be obtained through victim support facilities, such as advice or psychosocial process support.

If the conditions of a particular power do not appear to exist in the individual case, the notice in question may not be taken. There is no obligation to give notice to injured people who have not provided an address that is capable of being sent. Sentences 1 and 3 shall also apply to relatives and heirs of injured persons in so far as they have the corresponding powers.

Sixth book
Special types of procedure

First section
Procedures for criminal orders

Unofficial table of contents

Section 407

(1) In proceedings before the criminal court and in proceedings which are part of the jurisdiction of the Schöffengericht, the legal consequences of the act may, in the case of a written request by the Public Prosecutor's Office, be carried out by written criminal order without the main hearing. shall be fixed. The public prosecutor's office shall submit this request if it does not consider a main hearing to be necessary after the result of the investigation. The application shall be directed to certain legal consequences. The public action is brought about by him. (2) Only the following legal consequences of the act, alone or side by side, may be determined by a criminal order:

1.

Fine, warning with penalty reservation, driving ban, decay, confiscation, destruction, unenforcing, announcement of the conviction and fine against a legal person or association of persons,

2.

withdrawal of the licence, in which the ban is not more than two years,

2a.

Prohibition of holding or caring for, trade or other professional handling of animals of any kind or of a particular species for a period of one year to three years, and

3.

Decrimination of punishment.

If the accused person has a defender, then a term of imprisonment of up to one year may also be fixed if their execution is suspended for probation. (3) The court's prior hearing of the accused (§ 33 para. 3) requires the court to be held in court. not. Unofficial table of contents

§ 408

(1) If the chairman of the Schöffengericht considers the responsibility of the criminal court to be justified, he shall issue the matter by means of the prosecution of the public prosecutor's office; the decision shall be binding on the criminal court, the prosecutor's office shall be bound immediate appeal. If the judge considers the jurisdiction of the Schöffengericht to be justified, he shall submit the files by mediation of the public prosecutor's office to the chairman of the court for a decision. (2) The judge does not consider the accused to be sufficient suspect, he is refusing to issue a criminal order. The decision is the same as the decision which rejected the opening of the main proceedings (§ § 204, 210 para. 2, § 211). (3) The judge shall comply with the application of the Public Prosecutor's Office if there are no objections to the remission of the criminal order. conflict. He shall deprive him of the main trial if he has concerns, without deciding any such, or if he or she wishes to depart from the legal assessment in the case of the punitive order or to set a legal order other than the requested legal order and the prosecutor's office. in the case of their application. The charge shall be sent to the defendant by means of a copy of the sentence of the punitive order without the requested legal sequence. Unofficial table of contents

Section 408a

(1) If the main proceedings have already been opened, the Public Prosecutor's Office may submit a request for a penalty in the proceedings before the Criminal Court and the Schöffengericht if the conditions of the first sentence of Article 407 (1) and (2) are fulfilled and if the the conduct of a main hearing precludes the absence or absence of the defendant or any other important reason. In the main hearing, the Public Prosecutor may submit the application orally; the essential content of the sentence of the Criminal Code shall be included in the minutes of the sitting. § 407 (1) sentence 4, § 408 shall not apply. (2) The judge shall comply with the application if the conditions of § 408 (3) sentence 1 are fulfilled. Otherwise, it shall reject the application by an indisputable decision and shall continue the main proceedings. Unofficial table of contents

Section 408b

If the judge considers that the application by the Public Prosecutor's Office for a criminal order must be in accordance with the legal order referred to in the second sentence of Article 407 (2), he shall appoint a defender to the accused person who has not yet received a defence lawyer. Section 141 (3) shall apply. Unofficial table of contents

§ 409

(1) The Criminal Code shall contain:

1.

details of the person of the defendant and of any other party involved,

2.

the name of the defender,

3.

the description of the act which is charged to the accused, the time and place of their observation and the description of the legal characteristics of the offence;

4.

the rules applied in accordance with paragraph, paragraph, number, letter and the name of the law;

5.

the evidence,

6.

the determination of the legal consequences,

7.

the information on the possibility of opposition and the time-limit and form prescribed for it, as well as the indication that the criminal order will become legally enforceable and enforceable in so far as no objection pursuant to § 410 is filed against him.

If a custodial sentence is imposed on the defendant, he will be warned with a criminal reservation or if a driving ban is ordered against him, he shall at the same time be lecturing in accordance with Section 268a (3) or § 268c sentence 1. § 111i (2) and Section 267 (6) sentence 2 shall apply accordingly. (2) The Criminal Code shall also be communicated to the legal representative of the defendant. Unofficial table of contents

Section 410

(1) The accused may lodge an objection in writing or to the minutes of the office against the criminal order within two weeks of notification to the court which issued the criminal order. § § 297 to 300 and § 302 (1) sentence 1, para. 2 apply accordingly. (2) The objection can be limited to certain objections. (3) Insofar as an objection has not been filed against a penalty order, it shall be subject to a final judgment equal to. Unofficial table of contents

§ 411

(1) If the opposition is filed late or otherwise inadmissible, it shall be dismissed by decision without the main trial; immediate appeal shall be admissible against the decision. Otherwise, an appointment will be made to the main trial. If the defendant has limited his objection to the amount of the daily rates of a fixed fine, the court, with the consent of the defendant, the defendant and the public prosecutor's office, may decide by decision without a main hearing; of (2) The accused may, in the main hearing, be entitled to an immediate appeal. (2) The defendant may, in the course of the trial, be entitled to an immediate appeal. (2) Defender represented. § 420 is to be applied. (3) The action and the opposition may be withdrawn until the judgment is announced in the first legal suit. § 303 shall apply accordingly. If the criminal order has been issued in accordance with § 408a, the action cannot be withdrawn. (4) In the case of the judgment of the sentence, the court is not bound by the sentence contained in the criminal order, to the extent that the opposition is filed. Unofficial table of contents

§ 412

If at the beginning of a main hearing of the accused neither appeared nor represented by a defender and if the failure is not sufficiently apologized, then § 329 (1), (3) and (4) shall be applied accordingly. If the legal representative has appealed, Section 330 shall also apply accordingly.

Second section
Security procedure

Unofficial table of contents

§ 413

If the public prosecutor's office does not carry out the criminal proceedings on the grounds of insolvency or inability to negotiate the perpetrator, it may submit the request to order the measures of improvement and security independently if this is legally permissible. and the arrangement according to the outcome of the investigation is to be expected (security procedure). Unofficial table of contents

Section 414

(1) The provisions relating to the criminal proceedings shall apply in accordance with the provisions of the security procedure unless otherwise specified. (2) The application shall be the same as the public action. The application shall be replaced by an application which must comply with the requirements of the indictof the indictof the indictof the indictof the indictof the indictof The application shall refer to the measure of improvement and security, the order of which is requested by the public prosecutor's office. If a measure of improvement and protection is not arranged in the judgment, it must be recognized that the application is rejected. (3) In the preliminary proceedings, an expert shall be given the opportunity to prepare the opinion to be made in the main hearing. will be given. Unofficial table of contents

§ 415

(1) Where, in the security procedure, the appearance of the accused before the court is impossible due to his condition or inappropriate for reasons of public security or order, the court may carry out the main hearing without the (2) In this case, the accused person is to be heard before the main hearing by an authorised judge, with the help of an expert. The public prosecutor's office, the accused, the defender and the legal representative shall be notified of the date of the consensual appointment. The presence of the public prosecutor, the defender and the legal representative for questioning is not necessary. (3) The state of the accused or a proper conduct of the main trial is otherwise required. it is not possible for the court to carry out the main hearing in the security procedure after the hearing of the accused, even if the accused is not present or is only present at times. (4) Insofar as a main hearing without the Accused of taking place, his previous statements, which are in a judicial protocol, read out. The minutes of the preliminary hearing referred to in the first sentence of paragraph 2 shall be read. (5) In the main hearing, an expert on the condition of the accused shall be heard. If the expert has not examined the accused before, he shall be given the opportunity to do so before the main hearing. Unofficial table of contents

§ 416

(1) In the security procedure after the opening of the main proceedings, if the accused's guilt and the court are not competent for the criminal proceedings, it shall, by decision, issue its insufficiency and refer the matter to the the competent court. Section 270 (2) and (3) shall apply accordingly. (2) In the security procedure after the opening of the main proceedings, the debtor's ability to recapitulate and the court is also responsible for the criminal proceedings, the accused person shall be subject to the changed To point out the legal situation and to give him the opportunity to defend himself. If he claims not to be sufficiently prepared for the defence, the main hearing shall be suspended at his request. If the accused has been negotiated in the absence of the accused, those parts of the main hearing in which the accused was not present shall be repeated. (3) The provisions of paragraphs 1 and 2 shall apply mutagenly if the person in question is in the The security procedure after the opening of the main proceedings shows that the accused is negotiable and that the security procedure is carried out because of its inability to negotiate.

2a.
Accelerated procedure

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§ 417

In proceedings before the criminal court and the public prosecutor's court, the public prosecutor's office shall submit the request for a decision in the expedited procedure in writing or orally if the case is based on the simple facts or the clear evidence of the case. immediate negotiation is appropriate. Unofficial table of contents

§ 418

(1) If the Public Prosecutor's Office makes the request, the main hearing shall be carried out immediately or within a short period of time, without the need for a decision on the opening of the main proceedings. There shall be no more than six weeks between the receipt of the application to the court and the start of the main trial. (2) The accused person shall be charged only if he does not voluntarily make himself to the main trial or not to the court shall be presented. The charge is communicated to him, which is charged to him. The charge period is twenty-four hours. (3) The filing of an indictship does not require it. If such a case is not filed, the prosecution shall be raised orally at the start of the main hearing and its essential content shall be included in the minutes of the sitting. § 408a applies accordingly. (4) If a term of imprisonment of at least six months is to be expected, the accused, who has not yet a defender, shall be appointed a defender for the expedited proceedings before the Local Court. Unofficial table of contents

§ 419

(1) The Criminal Court or the Schöffengericht shall comply with the application if the case is suitable for negotiation in this procedure. A higher term of imprisonment than a term of imprisonment of one year or a measure of improvement and security shall not be imposed in this procedure. The withdrawal of the driving licence is admissible. (2) The decision in the expedited procedure can also be rejected in the main trial until the judgment is announced. The decision shall not be contested. (3) If the decision is rejected in the expedited procedure, the court shall decide to open the main proceedings if the accused person is sufficiently suspicious of a criminal offence (§ 203); , and the decision is rejected in the accelerated procedure, the submission of a new indictment may be waited. Unofficial table of contents

§ 420

(1) The hearing of a witness, expert or co-accused may be replaced by a reading of transcripts of an earlier testimonial as well as of documents containing a written statement of their origin. (2) Statements may be read by authorities and other bodies concerning their official perceptions, investigations and findings as well as those of their relatives, even if the conditions of § 256 do not exist. (3) The procedure after paragraphs 1 and 2 shall be subject to the consent of the defendant, the defendant, and the public prosecutor's office, insofar as they are present in the main hearing. (4) In the proceedings before the criminal court, this shall determine the extent of the taking of evidence, without prejudice to § 244 (2). Unofficial table of contents

§ § 421 to 429 (omitted)

Third Section
Procedures for contraction and seizure of assets

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§ 430

(1) In addition to the expected penalty or measure of improvement and security, confiscation shall not be subject to weight or would involve an unreasonable effort or would require the proceedings to be carried out, in so far as it relates to recovery, or the The Court of First Instance, with the consent of the Public Prosecutor's Office, may, in any state of the proceedings, restrict the prosecution of the act to the other legal consequences. (2) In the preparatory proceedings, the Court of First Instance may, in the case of the Court of First Instance, Proceedings may be carried out by the Public Prosecutor's Office. The restriction shall be subject to action. (3) The court may repeal the restriction in any position of the proceedings. A request from the Public Prosecutor's Office is to be met. If the restriction is lifted again, § 265 shall apply accordingly. Unofficial table of contents

§ 431

(1) It is to be decided in the criminal proceedings relating to the confiscation of an object and it appears credible that:

1.

belongs to or is the subject of a person other than the accused person, or

2.

has a different right to the subject matter, the proceeds of which could be ordered in the event of confiscation (Section 74e (2) sentence 2 and 3 of the Penal Code),

the court orders the other party to be involved in the proceedings in so far as it relates to the confiscation (confiscation). The Court of First Instance may depart from the order if, as a result of certain facts, it is to be assumed that the participation is not executable. The court may also depart from the order if a party, association or institution were to be involved outside the territorial scope of this law, the aspirations against the stock or the security of the Federal Republic of Germany. Germany, or against one of the constitutional principles referred to in Article 92 (2) of the Penal Code, and if it is to be presumed that the party, association or institution or one of its middlemen, is the subject of the to promote their efforts; in this case it is sufficient to: before the decision on the confiscation of the object, to hear the owner of the object or the authority empowered to do so, if it can be carried out. (2) The court may order that the participation does not relate to the question of the guilt of the object. The following shall be extended if:

1.

the confiscation in the case referred to in paragraph 1 (1) (1) shall be taken into account only on condition that the subject-matter belongs to or is part of the accused person; or

2.

the subject-matter could, in the circumstances which may justify the confiscation, be permanently withdrawn from the confiscation party, even under the law of the law outside the criminal law, without compensation.

(3) If it is necessary to decide on the confiscation of the value of the value against a legal person or an association of persons (Section 75 in conjunction with Section 74c of the Criminal Code), the court orders their participation. (4) The procedural involvement can be (5) The decision by which the participation of the proceedings is ordered cannot be appealed against, and, if an admissible appeal is lodged, pending the termination of the final proposition. . If the procedural involvement is rejected or an order is made in accordance with paragraph 2, an immediate appeal shall be admissible. (6) If a person is in court or the public prosecutor's office in writing or in writing, or with another authority, in writing, that it does not intend to bring any objections to the recovery of the object, its procedural involvement shall not be ordered or the order shall be repealed. (7) The procedural participation will result in the progress of the proceedings. do not stop. Unofficial table of contents

Section 432

(1) If there is evidence in the preparatory procedure that a person is considered to be a confisitor, he shall be heard if this appears to be executable. § 431 (1) sentence 3 applies accordingly. (2) The person who is considered to be a confiscation participant is to declare that he wishes to have objections to the confiscation and it appears credible that he has a right to the subject matter if he/she is entitled to the right to confiscate the subject matter. , the rules on the hearing of the accused shall be taken into account in so far as his or her procedural involvement is considered. Unofficial table of contents

§ 433

(1) From the opening of the main proceedings, the confiscator shall, in so far as this law does not specify otherwise, have the powers to which a defendant is responsible. In the accelerated procedure, this applies from the beginning of the main trial, in the criminal command procedure from the adoption of the criminal order. (2) The court may order the personal appearance of the confiscist in order to elucidate the facts. If the confiscator, whose personal appearance is arranged, remains without an adequate excuse, the court may order its showing if he has been summoned by service, having regard to that possibility. Unofficial table of contents

Section 434

(1) The confiscator may be represented in any position of the proceedings on the basis of a written power of attorney by an attorney or another person who can be elected as a defender. The provisions of Sections 137 to 139, 145a to 149 and 218 applicable to the defence are to be applied accordingly. (2) The court may appoint a lawyer or another person who may be appointed as a defender to the confiscate party. if the legal or legal situation is difficult or if the confiser is not able to exercise his rights. Unofficial table of contents

§ 435

(1) The date of the main hearing shall be notified to the confislation party by service; § 40 shall apply mutagentily. (2) With the appointment message, to the extent that he is involved in the proceedings, he shall be indicted and in the cases of § 207. paragraph 2 of the opening decision. (3) At the same time, the confisceration party shall be informed that:

1.

even without him being able to negotiate and

2.

of the confiscation is also decided against him.

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§ 436

(1) In spite of a proper appointment message, the confiseration party shall be able to remain in the main trial, so that it can be negotiated without him. § 235 is not applicable. (2) In the case of evidence submitted by the confiscation party on the question of the guilt of the accused, § 244 para. 3 sentence 2, para. 4 to 6 shall not be applied. (3) The court orders the confiscation on the basis of circumstances, which are At the same time, the compensation of the confiscating party shall be contrary to the fact that compensation is not to be paid to the confiseration party. This does not apply if the court considers that the compensation of the confiscist is necessary because it would be undue hardship to refuse them; in this case, it also decides on the amount of compensation (Section 74f (3) of the Penal Code). The Court of First Instance has previously given the confisctor the possibility of such a decision and gives him the opportunity to comment. (4) If the confisctor was not present in the proclamation of the judgment and also did not represent it, then the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that to give it the verdict. The Court of First Instance may order that parts of the judgment which do not affect the confiscation are eliminated. Unofficial table of contents

§ 437

(1) In the case of appeal proceedings, the examination of whether the confiscation is justified in relation to the confiscation party only extends to the guilty verdict of the judgment under appeal only if the confiscation party presents objections in that regard and in the case of the appeal. prior proceedings without his fault in the guilty verdict has not been heard. If, after that, the examination also covers the guilty verdict, the court shall lay down the findings of the guilt in so far as it does not require a re-examination of the case by the confisctor. (2) The appeal shall apply to appeal. (3) In the revision procedure, the objections to the guilty verdict must be brought forward within the time limit of the foundation. (4) Only the following shall be taken into account. Decision on the level of compensation contested, may be used by the Decisions will be taken by decision if the parties do not object to it. The Court of First Instance has previously given them the possibility of such a procedure and of the appeal, and gives them the opportunity to express their views. Unofficial table of contents

§ 438

(1) If the confiscation is ordered by the criminal order, the criminal order shall also be sent to the confiscation party. Section 435 (3) no. 2 applies accordingly. (2) If only the objection of the confiscist is to be decided, Section 439 (3) sentence 1 and § 441 (2) and (3) shall apply accordingly. Unofficial table of contents

§ 439

(1) Where the confiscation of an object has been legally ordered and if a person is credible that he or she

1.

at the time of the legal force of the decision, have had a right to the subject-matter which is or is no longer present as a result of the decision; and

2.

in the absence of his or her fault, neither in the proceedings of the first legal proceedings nor in the appeal proceedings, the rights of the confisable party shall be able to exercise

He may, in a follow-up procedure, claim that the confiscation is not justified in relation to him. § 360 shall apply accordingly. (2) The subsequent procedure shall be requested within one month after the end of the day on which the applicant has become aware of the legally binding decision. The application shall be inadmissible if two years have elapsed since the entry of the legal force and the execution has been terminated. (3) The court shall not investigate the guilty verdict if, in the circumstances which have established the confiscation, the Criminal proceedings an order pursuant to Section 431 (2) would have been admissible. 4. If the right claimed by the applicant is not proven, the application is unfounded. (5) Before the decision, the court may, with the consent of the Public Prosecutor's Office, lift the order of confiscation, (6) A resumption of the proceedings pursuant to § 359 No. 5 for the purpose of asserting the objections under paragraph 1 shall be excluded. Unofficial table of contents

§ 440

(1) The Public Prosecutor's Office and the private prosecutor may submit the request to arrange the confiscation independently if this is permitted by law and the order is to be expected according to the outcome of the investigation. (2) In the application, the subject matter shall be: . It shall also indicate the facts which justify the admissibility of self-confiscation. In the rest, § 200 applies accordingly. (3) § § 431 to 436 and 439 apply accordingly. Unofficial table of contents

Section 441

(1) The decision on confiscation in the subsequent proceedings (§ 439) applies to the court of the first legal suit, the decision on the self-confiscation (§ 440) the court which would have jurisdiction in the case of the prosecution of a particular person. The court in whose district the subject-matter has been seized is also locally competent to decide on the self-confiscation. (2) The court decides by decision that is admissible against the immediate appeal. (3) shall, however, be decided on the basis of oral proceedings by a judgment, if the public prosecutor's office or otherwise a party has requested it or the court orders it; the provisions relating to the main hearing shall apply accordingly. Anyone who has filed a valid appeal against the judgment can no longer appeal against the appeal judgment. (4) If a decision has been taken, § 437 (4) shall apply accordingly. Unofficial table of contents

§ 442

(1) The decay, destruction, disuse and disposal of an illegal state shall be the same in the sense of § § 430 to 441 of the confiscation. (2) The decay according to § 73 para. 3 or § 73a of the Criminal Code against another shall be deemed to be the case. the accused person, the court orders that the other party be involved in the proceedings. He may invoke his objections to the ordering of the infringement in the post-trial proceedings if, without his fault, he was not in a position to do so in the proceedings of the first legal proceedings or in the appeal proceedings, the rights of the party to the proceedings performing. If a follow-up procedure is requested under these conditions, enforcement measures against the applicant shall not be taken until the end of this procedure. Unofficial table of contents

§ 443

(1) The assets or individual property of an accused person within the scope of this Act, in respect of which a criminal offence has been committed;

1.

§ § 81 to 83 (1), § 89a or § 89c (1) to (4), § § 94 or 96 (1), § § 97a or 100, § § 129 or 129a, also in conjunction with Section 129b (1), of the Criminal Code,

2.

a provision referred to in Article 330 (1), first sentence, of the Penal Code, provided that the accused is suspected of having intentionally endangered the body or life of another or a foreign matter of significant value; or under one of the conditions laid down in section 330 (1), second sentence, no. 1 to 3 of the Criminal Code, or in accordance with section 330 (2), § 330a (1), (2) of the Criminal Code,

3.

§ § 51, 52 (1) No. 1, 2 (c) and (d), Section 5, 6 of the Weapons Act, § § 17 and 18 of the German Foreign Trade Act, if the act is committed intentionally, or in accordance with Section 19 (1) to (3), Section 20 (1) or (2), also in conjunction with § 21, or § 22a (1) to (3) of the War Weapons Control Act, or

4.

In accordance with § 29 (3) sentence 2 no. 1 of the Narcotics Act, under the conditions specified therein or a criminal offence pursuant to § § 29a, 30 (1) No. 1, 2, 4, § 30a or § 30b of the Narcotics Act

the public action has been brought or the arrest warrant has been issued, it may be covered by a complaint. The seizure also includes the assets which the accused later accuse of. The seizure shall be cancelled at the latest after the end of the main trial of the first legal proceedings. (2) The seizure shall be ordered by the judge. In the event of danger in default, the Public Prosecutor's Office may provisionally order the seizure; the provisional order shall come out of force if it is not confirmed by the judge within three days. (3) The provisions of § § 291 to 293 shall apply accordingly.

Fourth Section
Procedure for the fixing of fines for legal persons and associations of persons

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§ 444

(1) If, in the case of criminal proceedings, the determination of a fine is to be decided against a legal person or an association of persons (Section 30 of the Code of Administrative Offences), the court orders their participation in the proceedings, to the extent that: the deed. § 431 (4), (5) shall apply accordingly. (2) The legal person or association of persons shall be summoned to the main trial; if their representative remains without an adequate excuse, they shall be able to negotiate without them. § § 432 to 434, 435 (2) and 3 (1), § 436 (2) and (4), § 437 (1) to (3), § 438 (1) and, to the extent that only their opposition is to be decided, § 441 (2) and (3) apply. (3) For the § § 440 and 441 (1) to (3) shall apply in accordance with independent procedures. The court in whose district the legal person or the association of persons has its registered office or a branch office is also in charge of the local court. Unofficial table of contents

§ § 445 to 448 (omitted)

Seventh Book
Enforcement and costs of proceedings

First section
Enforcement

Unofficial table of contents

§ 449

Criminal parts are not enforceable before they have become legally binding. Unofficial table of contents

§ 450

(1) The sentence of imprisonment to be executed shall be unshortened to the pre-trial detention that the defendant has suffered since he renounced the filing of an appeal or has withdrawn the filed legal remedy or has since then taken the custody of the accused person. (2) If, after the judgment, the driving licence has been preserved, seized or confiscated on the basis of Section 111a (5) sentence 2, that time shall be unshortened to the Driving prohibition (§ 44 of the Criminal Code) to be applied. Unofficial table of contents

§ 450a

(1) The custodial sentence to be enforced shall also be attributed to the deprivation of liberty suffered by the convicted person in an extradition procedure for the purpose of the enforcement of the sentence. This also applies if the convicted person has been extradited at the same time for the purpose of prosecution. (2) In the case of extradition for the purpose of the execution of several punishments, the deprivation of liberty suffered abroad is on the highest penalty, at the time of the sentence of the sentence. (3) The Court may, at the request of the Public Prosecutor's Office, order that the offsetting be wholly or partly suspended if, in view of the above, the Court of First Instance does not consider that the Court of First Instance has given the same sentence. on the behaviour of the convicted person following the adoption of the judgment in which the judgment is based the actual findings could be examined for the last time, not justified. If the Court of First Instance holds such an order, the deprivation of liberty suffered in another country, in so far as its duration does not exceed the penalty, shall not be credited to the penalty in another proceeding. Unofficial table of contents

§ 451

(1) The prosecution shall be carried out by the Public Prosecutor's Office as the executing authority on the basis of a certified copy of the certificate of enforceability, issued by the Office of the Office of the Office of the Office of the Office of the Public Prosecutor's Office. Judgment of the Court of Justice. (2) The Attorney's Office shall be responsible for the enforcement of the sentence only in so far as the Land Justice Administration has transferred it to them. (3) The Public Prosecutor's Office, which is the executing authority, shall also apply to the Trial Chamber of the State in respect of the Trial Chamber. another district court is responsible for the public prosecutor's duties. It may delegate its duties to the public prosecutor responsible for this court if it appears in the interests of the convicted person and if the public prosecutor's office agrees to the place of the Trial Chamber. Unofficial table of contents

§ 452

In matters in which the Federal Republic of Germany has decided to exercise jurisdiction in the exercise of jurisdiction, the right of pardon is to be granted to the Federal Government. In all other things, it is up to the countries. Unofficial table of contents

Section 453

(1) The subsequent decisions relating to a penalty suspension for probation or a warning with a reservation of penalty (§ § 56a to 56g, 58, 59a, 59b of the Criminal Code), shall be taken by the court without oral proceedings by decision. The prosecutor's office and the defendant are to be heard. § 246a (2) and § 454 (2) sentence 4 shall apply accordingly. If the Court of First Instance has to decide whether to revoke the sentence for failure to comply with conditions or instructions, it shall give the sentenced person the opportunity to attend the oral hearing. Where a probation officer is appointed, the court shall inform him if a decision on the revocation of the sentence or the criminal case is taken into consideration; the findings which have become known to the court from other criminal proceedings shall be taken into consideration. (2) The decision referred to in paragraph 1 shall be admissible against the decisions referred to in paragraph 1 of this Article. It can only be based on the fact that a decision taken is unlawful or that the probation period has been subsequently extended. The revocation of the suspension, the remission of the sentence, the revocation of the decree, the conviction on the penalty reserved and the determination that it has to be the case with the warning (§ § 56f, 56g, 59b of the Criminal Code), can be used with immediate effect. Complaints are challenged. Unofficial table of contents

Section 453a

(1) If the defendant has not been lectioned in accordance with Section 268a (3), the instruction shall be given by the court responsible for the decisions pursuant to Section 453. The Chairman may entrust a designated or requested judge with the instruction. (2) The instruction shall be issued orally except in cases of minor importance. (3) The accused shall also be informed of the subsequent decisions. . Paragraph 1 shall apply accordingly. Unofficial table of contents

Section 453b

(1) During the period of probation, the court shall monitor the life of the convicted person, including the fulfilment of conditions and instructions, as well as of offering and pledges. (2) The supervision shall be the responsibility of the competent authority responsible for the decisions pursuant to § 453 Court. Unofficial table of contents

§ 453c

(1) Where there are reasonable grounds for believing that the suspension shall be revoked, the General Court may, in order to insure the person of the convicted person, take provisional measures up to the legal force of the decision of revocation, in case of need, the conditions laid down in Article 112 (2) (1) or (2), or, where certain facts establish the risk that the convicted person will commit serious offences, an arrest warrant. (2) The arrest suffered as a result of an arrest warrant in accordance with paragraph 1 shall be credited to the custodial sentence to be executed. § 33 (4) sentence 1 as well as § § 114 to 115a, 119 and 119a shall apply accordingly. Unofficial table of contents

§ 454

(1) The decision as to whether the execution of the sentence shall be suspended for probation (§ § 57 to 58 of the Criminal Code) and the decision that such a request by the convicted person shall be made before the expiry of a specified period. shall be inadmissible, the General Court shall, without oral proceedings, take the decision. The public prosecutor's office, the convicted person and the law enforcement agency are to be heard. The convicted person shall be heard orally. Apart from the oral hearing of the convicted person, the following may be provided:

1.

the public prosecutor's office and the law enforcement agency are in favour of the suspension of an early custodial sentence and the court intends to suspend it,

2.

the convicted person has requested the suspension, at the time of the application

a)

in the case of a period of imprisonment, not more than half or less than two months;

b)

in the case of a life sentence of less than thirteen years

the sentence has been served and the court rejects the request for premature application; or

3.

the application of the convicted person is inadmissible (Section 57 (7), Section 57a (4) of the Penal Code).

The court decides at the same time whether an offsetting is ruled out in accordance with Section 43 (10) (3) of the Penitent Act. (2) The court shall obtain the opinion of an expert on the convicted if it is considered that the execution of the sentence

1.

to suspend life imprisonment or

2.

an early term of imprisonment of more than two years for a criminal offence of the kind referred to in § 66 (3) sentence 1 of the Penal Code and cannot be ruled out that grounds of public security are to be subject to early dismissal of the Convicted.

The opinion shall be expressed, in particular, on the question whether there is no longer any risk in the convicted person that the danger which has come to light is perpetuating. The expert is to be heard orally, with the public prosecutor's office, the convicted person, his defender and the law enforcement authority being given the opportunity to participate. The court may refrain from oral hearing of the expert if the convicted person, his defence counsel and the prosecutor's office do without it. (3) An immediate appeal against the decisions referred to in paragraph 1 shall be admissible. § 246a (2), § 268a (3), § § 268d, 453, 453a (1) and (3) and § § 453b and 453c of the German Public Prosecutor's Office are also subject to a suspensive effect. (4) shall apply accordingly. The instruction on the suspension of the criminal law will be issued orally; the instruction can also be transferred to the law enforcement agency. The instruction is to be issued immediately prior to dismissal. Unofficial table of contents

Section 454a

(1) The court decides to suspend the execution of the sentence of a custodial sentence at least three months before the date of dismissal, the period of probation shall be extended by the period from the legal force of the suspension decision until the date of release. (2) The Court of First Instance may again suspend the suspension of the execution of the sentence of imprisonment until the convicted person has been released, if the suspension is due to new facts or facts which have been made known or have been disclosed. No longer take account of the safety interest of the general public § 454 (1) sentence 1 and 2 as well as (3) sentence 1 shall apply accordingly. Section 57 (5) of the Criminal Code remains unaffected. Unofficial table of contents

Section 454b

(1) Custodial sentences and substitute custodial sentences shall be enforced immediately one after the other. (2) If several custodial sentences or custodial sentences and substitute custodial sentences are to be carried out one after the other, the enforcement authority shall interrupt: the execution of the first custodial sentence to be executed if:

1.

under the conditions laid down in § 57 (2) (1) of the Penal Code, half, but at least six months,

2.

in the case of a period of imprisonment, two-thirds, but not less than two months, or

3.

in the case of life imprisonment of 15 years

of the punishment. This shall not apply to criminal proceedings which are carried out on the basis of revocation of their suspension. If the conditions for an interruption of the first custodial sentence to be enforced already occur before enforceability of the custodial sentence to be carried out subsequently, the interruption shall be retroactive to the date of the entry of the Enforceability. (3) If the executing authority has interrupted the enforcement in accordance with paragraph 2, the court shall not take the decisions pursuant to Sections 57 and 57a of the Criminal Code only if the execution of the execution of the remains of all of the Penalties can be decided at the same time. Unofficial table of contents

§ 455

(1) The execution of a custodial sentence shall be postpone if the convicted person falls into mental illness. (2) The same shall apply to other diseases if there is a danger of life for the convicted person from the execution of the sentence. (3) The Enforcement may be postponed even if the convicted person is in a state of physical condition in which an immediate execution is incompatible with the establishment of the criminal law. (4) The enforcement authority may Enforcement of a custodial sentence shall be suspended if:

1.

the convicted person is falling into mental illness,

2.

in the event of a disease from being carried out, a near-life risk is to be obtained for the convicted person; or

3.

the convicted person is otherwise seriously ill and the disease cannot be recognized or treated in a law-enforcement institution or an anstaltic hospital

and it is to be expected that the disease is expected to continue for a considerable period of time. Enforcement shall not be interrupted if there are overriding reasons, namely public security. Unofficial table of contents

§ 455a

(1) The executing authority may postpone the execution of a custodial sentence or a detention order or interrupt the detention without the consent of the prisoner, if that is the case for reasons of (2) If the decision of the executing authority cannot be obtained in due time, the head of the institution may be required to execute the decision under the law of the the conditions laid down in paragraph 1 shall be provisionally suspended without the prisoner's consent Unofficial table of contents

§ 456

(1) On the application of the convicted person, enforcement may be postponed, provided that the immediate execution of the convicted person or his family is subject to significant disadvantages outside the criminal case. (2) The delay in the criminal proceedings may be No more than four months. (3) The authorization may be subject to a security or other conditions. Unofficial table of contents

§ 456a

(1) The executing authority shall be able to depart from the execution of a custodial sentence, a substitute custodial sentence or a measure of improvement and security if the convicted person is extradited for another act of a foreign government, is transferred to an international criminal court or if it is expelled from the scope of this federal law. (2) If the delivered, the transferred or the rejected return, the execution can be brought up. § 67c (2) of the Penal Code applies accordingly for the recovery of a measure of improvement and security. The executing authority may, at the same time, arrange for the removal from the execution of the execution for the case that the delivered, superposed or rejected returns, and to issue an arrest warrant or a placement command for that purpose , as well as the necessary search measures, in particular the invitation to tender for arrest, arrange for it; § 131 (4) and § 131a (3) apply accordingly. The convicted person is to be lecturing. Unofficial table of contents

§ 456b

(dropped) Unofficial table of contents

Section 456c

(1) In the event of the judgment, or with the consent of the convicted person, the Court of First Instance may postpone the effective application of the prohibition by decision if the immediate effect of the prohibition on the convicted person or his/her dependants is taken into account. Significant hardness, which lies outside its purpose and which can be preventable by means of a later effect, would mean a hardness. If the convicted person has a legal representative, his consent shall be required. (2) The executing authority may suspend the prohibition of the profession under the same conditions. (3) The postponement and the suspension may be linked to the performance of a security or to other conditions. Postponing and suspension shall not exceed the period of six months. (4) The period of postponing and suspension shall not be counted against the time limit fixed for the prohibition of the profession. Unofficial table of contents

§ 457

(1) Paragraph 161 shall apply mutationally to the purposes referred to in this Section. (2) The executing authority shall be entitled to issue a preliminary or arrest warrant for the execution of a custodial sentence if the convicted person is entitled to the order of imprisonment of the person who has been sentenced to Charge for accreting the penalty has not been made or the escape is suspicious. It may also issue a preliminary or arrest warrant if a criminal prisoner escapes or otherwise withdraws from the execution. (3) In addition, in the cases referred to in paragraph 2, the enforcement authority has the same powers as the Law enforcement authority, insofar as the measures are determined and appropriate to arrest the convicted person. In the case of the examination of proportionality, particular consideration shall be given to the duration of the custodial sentence still to be carried out. The judicial decisions which become necessary shall be taken by the court of the first legal proceedings. Unofficial table of contents

§ 458

(1) If doubts arise about the interpretation of a criminal part or the calculation of the recognized penalty, or if objections are raised against the admissibility of the enforcement of the sentence, the decision of the court shall be brought about. (2) The court also decides if, in the cases of § 454b (1) and (2) and § § 455, 456 and 456c (2), objections are brought against the decision of the executing authority or if the executing authority orders that a decision be made to the court of law. Delivered or expelled the execution of a sentence or a measure of the (3) The progress of enforcement shall not be inhibited; the court may, however, give rise to a postponement or an interruption of the enforcement of the order. order. In the cases of § 456c (2), the court may order a consecrate order. Unofficial table of contents

§ 459

The enforcement of the fine shall be governed by the provisions of the Code of Justice, to the extent that this law does not specify otherwise. Unofficial table of contents

Section 459a

(1) According to the legal force of the judgment, the enforcement authority decides on the granting of payment facilities in the case of fines (§ 42 of the Criminal Code). (2) The executing authority may decide on the payment of payment facilities. (1) or in accordance with section 42 of the Criminal Code subsequently to amend or repeal the Code. In doing so, it may not depart from a previous decision to the detriment of the convicted person only on the basis of new facts or evidence. (3) The dismise in accordance with § 42 sentence 2 of the Penal Code, the fine in certain cases In the case of partial amounts, this shall be recorded in the files. The enforcement authority may again approve payment facilitation. (4) The decision on payment facilities shall also cover the costs of the procedure. It may also be taken solely in terms of costs. Unofficial table of contents

Section 459b

In the event that the convicted person does not make any provision in the payment, the partial amounts are first of all charged to the fine, then to the secondary consequences, which are arranged, for example, which commit to a payment of money and, most recently, to the costs of the proceedings. Unofficial table of contents

Section 459c

(1) The fine or the partial amount of the fine shall be recovered only before the expiry of two weeks after the due date of the due date, if it is clear on the basis of certain facts that the convicted person intends to withdraw the payment. (2) The Enforcement cannot be carried out if it is to be expected that it will not be successful in the foreseeable future. (3) In the remission of the convicted person, the fine may not be enforced. Unofficial table of contents

Section 459d

(1) The court may order that the execution of the fine shall not be wholly or partly subject to the sentence of

1.

has been suspended or suspended in the same procedure or suspended for probation, or

2.

is subject to a different procedure of imprisonment and the conditions of § 55 of the Criminal Code are not fulfilled

(2) The Court of First Instance may also take a decision in accordance with paragraph 1 with regard to the costs of the proceedings. Unofficial table of contents

Section 459e

(1) The substitute custodial sentence shall be enforced upon the order of the executing authority. (2) The order assumes that the fine cannot be brought in or that the execution in accordance with § 459c (2) does not apply. (3) Because of a partial amount, which does not correspond to a full day of imprisonment shall not be ordered for the execution of the substitute custodial sentence. (4) The replacement custodial sentence shall not be enforced to the extent that the fine is paid or recovered or the execution of the sentence is not enforced. according to § 459d. Paragraph 3 shall apply accordingly. Unofficial table of contents

Section 459f

The court orders that the execution of the sentence of replacement shall not be carried out if the execution of the convicted person would be of an undue hardship. Unofficial table of contents

Section 459g

(1) If the decay, confiscation or unenforceability of a case has been ordered, the order shall be enforced by the fact that the case is taken away from the convicted person or the confiscation or confiscation party. § § 459, 459a, 459c (1) and (2) and § 459d apply accordingly for the execution of the rules of the judicial settlement order. (2) For the execution of minor consequences which require payment of a cash payment, the rules shall apply mutatily. Unofficial table of contents

§ 459h

The court shall decide on objections to the decisions of the executing authority in accordance with § § 459a, 459c, 459e and 459g. Unofficial table of contents

Section 459i

(1) § § 459, 459a, 459b, 459c, 459e, 459f and 459h apply for the execution of the financial penalty (§ 43a of the Criminal Code). (2) In the cases of § § 111o, 111p, the measure must be repealed only after the end of enforcement. Unofficial table of contents

§ 460

If a person has been sentenced to penalties by various legally enforceable sentences, and if the provisions relating to the award of a total penalty (§ 55 of the Criminal Code) have been disregarded, the recognized penalties shall be determined by a subsequent judicial decision to a total penalty. Where several financial penalties are attributed to a total capital punishment, such penalties shall not be less than the maximum penalty achieved, even if the amount of the penalty is equal to the value of the assets of the convicted person at the time of the post-ex-post period. of the court ruling. Unofficial table of contents

§ 461

(1) If the person convicted has been placed in a hospital separate from the detention centre at the beginning of the execution of the sentence, the duration of the stay in the hospital shall be included in the penalty period, if not the Convicted with the intention of interrupting the execution of the sentence, the illness brought about. (2) In the latter case, the Public Prosecutor's Office shall bring about a decision of the Court of First Instance. Unofficial table of contents

§ 462

(1) The court decisions, which become necessary pursuant to § 450a (3) sentence 1 and § § 458 to 461, shall be taken by the court without oral proceedings by decision. This also applies to the re-awarding of lost abilities and rights (§ 45b of the Criminal Code), the cancellation of the reservation of confiscation and the subsequent order of confiscation of an object (§ 74b para. 2 sentence 3 of the Criminal Code). Criminal code), the subsequent arrangement of decay or confiscation of the valuation of the value (§ 76 of the Criminal Code) as well as for the extension of the limitation period (§ 79b of the Criminal Code). (2) Before the decision, the prosecutor's office and the convicted to hear. If the court orders an oral hearing, it may determine that the convicted person is in a place other than that of the court and that the hearing, simultaneously in image and sound, shall be the place where the convicted person is holding, and into the Session room is transmitted. The court may disregard the hearing of the convicted person in the cases of a decision under Section 79b of the Criminal Code if, as a result of certain facts, it is to be assumed that the hearing cannot be carried out. (3) The decision shall be with immediate effect. Appeal may be appealed. The immediate appeal of the Public Prosecutor's Office against the decision ordering the interruption of enforcement shall have suspensive effect. Unofficial table of contents

Section 462a

(1) If a custodial sentence is enforced against the convicted person, the prison chamber responsible for the decisions to be taken in accordance with § § 453, 454, 454a and 462 shall be the criminal law enforcement chamber in whose district the criminal law shall be located in which the convicted person shall be responsible for the date on which the Court of First Instance is dealing with the matter. This Trial Chamber shall also be responsible for decisions to be taken after the execution of a custodial sentence has been suspended or the execution of the sentence has been suspended for probation. The Trial Chamber may make individual decisions pursuant to § 462 in conjunction with Section 458 (1) to the General Court of the first legal proceedings; the charge is binding. (2) In cases other than those referred to in paragraph 1, the court of the first Legal action in charge. The Court of First Instance may, in whole or in part, issue the decisions to be taken pursuant to Article 453 to the Local Court in whose district the convicted person has his habitual residence or, in the absence of a place of residence, his habitual residence; the levy is binding. By way of derogation from paragraph 1, in the cases referred to therein, the court of the first legal proceedings shall have jurisdiction if it has reserved the order for the preservation of the security and, in accordance with the first sentence of Article 66a (3) of the Penal Code, still (3) In the cases of § 460, the court of the first legal train shall decide. Where the various judgments have been issued by various courts, the decision shall be taken by the court, which has recognised the most serious criminal offence or, in the case of penalties of the same kind, on the highest penalty and, in the case of a number of courts, would be the court whose judgment was last handed down. If the judgment in question was issued by a court of a higher legal order, the court of the first legal suit shall fix the total penalty; if one of the judgments was issued by a Higher Regional Court in the first legal proceedings, the court shall Oberlandesgericht held the total penalty. If a local court is responsible for the formation of the total sentence and if his criminal lawyer is not sufficient, the Trial Chamber of the District Court of that jurisdiction shall decide. (4) Have different courts the convicted person in other than the one in § 460 In the event of a criminal conviction or a warning of a penalty, only one of them shall be responsible for the decisions to be taken in accordance with Articles 453, 454, 454a and 462. The second and third sentences of paragraph 3 shall apply accordingly. In the cases referred to in paragraph 1, the Trial Enforcement Chamber shall decide; paragraph 1, sentence 3 shall remain unaffected. (5) In place of the Trial Enforcement Chamber, the Court of First Law shall decide if the judgment of a Higher Regional Court in the first Legal provisions are adopted. The Oberlandesgericht (Oberlandesgericht) may make the decisions to be taken in accordance with paragraphs 1 and 3 in whole or in part to the Trial Chamber. The charge is binding; however, it can be revoked by the Higher Regional Court. (6) The court of the first legal suit is the court to which the matter has been referred back in the cases of § 354 para. 2 and § 355, and in the cases in which the case has been referred back to the court of law. Re-admission procedure a decision in accordance with § 373 has been issued, the court that has taken this decision. Unofficial table of contents

§ 463

(1) The provisions relating to the enforcement of sentences shall apply to the execution of measures of improvement and security, unless otherwise specified. (2) § 453 shall also apply to the measures to be taken in accordance with § § 68a to 68d of the Criminal Code Decisions. (3) § 454 (1), (3) and (4) shall also apply to the decisions to be taken pursuant to Article 67c (1), § 67d (2) and (3), § 67e (3), § § 68e, 68f (2) and section 72 (3) of the Criminal Code. In the cases of § 68e of the Criminal Code, oral hearing of the convicted person does not require. Section 454 (2) also applies in the cases of § 67d (2) and (3) and 72 (3) of the Criminal Code, irrespective of the offences referred to therein, as well as in the case of examination of the conditions of Section 67c (1), first sentence, point 1 of the Criminal Code, also irrespective of whether the court is considering a suspension, in so far as the court has to decide on the execution of the detention order; moreover, Section 454 (2) applies to the offences referred to in that court. In order to prepare the decision pursuant to Section 67d (3) of the Criminal Code as well as the subsequent decisions pursuant to Section 67d (2) of the Criminal Code, the Court of First Instance has to seek the opinion of an expert, in particular on the question of whether or not of the Convicts continue to be expected to be significant unlawful acts. If the accommodation has been placed in the security custody order, the court orders the convicted person who has no defender to a defender in good time before a decision under Section 67c (1) of the Penal Code. (4) Within the framework of the According to § 67e of the Penal Code, the court is to seek the expert opinion of an expert after five years of full accommodation in a psychiatric hospital (§ 63). The expert may not have been concerned with the treatment of the person who has been accommodated, nor shall he work in the psychiatric hospital in which the person under consideration is located. The expert shall be granted access to the patient data of the hospital via the person under the care of the person. Section 454 (2) shall apply accordingly. The person who has not been placed in a psychiatric hospital shall not appoint the court for the proceedings in accordance with sentence 1. (5) § 455 paragraph 1 shall not be applied if the accommodation is located in a psychiatric hospital. If the accommodation has been arranged in a destitute or in the custody and the convicted person is in mental illness, the execution of the measure may be postponed. § 456 shall not apply if the placing of the convicted person is placed in the custody custody. (6) § 462 shall also apply to the provisions of § 67 (3) and (5) sentence 2, § 67a and 67c (2), § 67d (5) and (6), § § 67g, 67h and 69a (7) as well as Articles 70a and 70b of the Criminal Code. The court declares the ordering of measures pursuant to § 67h (1) sentence 1 and 2 of the Penal Code to be enforced immediately if significant unlawful acts of the convicted are threatened. (7) For the purposes of the application of Section 462a (1), the management supervision is in place. the cases of § 67c (1), § 67d (2) to (6) and § 68f of the Penal Code are the same as the suspension of a criminal act. (8) If the accommodation is enforced in the security custody, the court orders the convicted person who does not Defender, in respect of proceedings relating to the judicial proceedings to be carried out in the field of enforcement Decisions a defender. The order shall be made in good time before the first judicial decision and shall also apply to any further proceedings, as long as the order is not lifted. Unofficial table of contents

Section 463a

(1) The supervisory authorities (§ 68a of the Criminal Code) may request information from all public authorities to monitor the behaviour of the convicted person and the performance of instructions and investigations of any kind, with the exclusion of any kind of authority They can either carry out their own activities or have them carried out by other authorities within the limits of their competence. If the stay of the convicted person is not known, the head of the executive supervisory authority may order his tendering procedure (§ 131a (1)). (2) The supervisory authority may be responsible for the duration of the management supervision or for a shorter period of time. To ensure that the convicted person is spelled out for the purpose of monitoring the police checks which allow the identification of the person's personal data. Section 163e (2) shall apply accordingly. The arrangement shall be made by the head of the management supervisory authority. The necessity for the continuation of the measure must be reviewed at least annually. (3) At the request of the supervisory authority, the court may issue a pre-order order if the convicted person of a instruction pursuant to section 68b (1) sentence 1 no. 7 or No. 11 of the The penal code has not been complied with without sufficient excuse and it has been pointed out in the summons that in this case its performance is admissible. If the court of the first legal train is competent, the chairman shall decide. (4) The supervisory authority shall collect and save in the case of a instruction pursuant to section 68b (1), first sentence, point 12 of the Criminal Code, with the aid of the person convicted of the any technical means carried out automatically data on the location of their residence and any adverse effects on the collection of data; in so far as it is technically possible, it must be ensured that the convicted person does not have any information within the convicted person's home The fact that their presence is present will be collected. The data may only be used without the consent of the person concerned, to the extent that this is necessary for the following purposes:

1.

for the determination of the breach of an instruction pursuant to section 68b (1), first sentence, point 1, 2 or 12 of the Criminal Code,

2.

to take measures of management supervision which may be followed by a breach of an instruction in accordance with Article 68b (1), first sentence, points 1, 2 or 12 of the Criminal Code,

3.

A breach of an instruction pursuant to section 68b (1), first sentence, point 1, 2 or 12 of the Criminal Code,

4.

to avert a significant present danger to life, physical integrity, personal freedom or the sexual self-determination of third parties, or

5.

for the prosecution of a criminal offence referred to in Article 66 (3) sentence 1 of the Criminal Code.

In order to comply with the purpose limitation referred to in the second sentence, the processing of the data for the determination of infringements as set out in the second sentence of the second sentence of the second sentence of the first sentence of Section 68b (1), first sentence, point 1 or 2 of the Criminal Code shall be carried out automatically and the data shall be against to ensure that unauthorised access to the market is particularly secure. The supervisory authority may have the collection and processing of the data carried out by the authorities and officers of the police service, which shall be obliged to comply with the request of the supervisory authority. The data referred to in the first sentence shall be deleted no later than two months after the date of their survey, provided that they are not used for the purposes set out in the second sentence. Every time the data is retrieved, at least the time to log the retrieved data and the worker is to be recorded; § 488 (3) sentence 5 shall apply accordingly. If the convicted person is collected within the apartment of the convicted person beyond the circumstance of being present, they may not be used and are to be deleted immediately after being aware of the fact. The fact of their knowledge and deletion is to be documented. (5) Local authority is the supervisory authority in whose district the convicted person is domicated. If the convicted does not reside within the scope of this Act, the supervisory authority shall have local jurisdiction in the district of which he has his habitual residence and, if such is not known, his last place of residence, or habitual residence. Unofficial table of contents

Section 463b

(1) If a driving licence is to be held officially pursuant to § 44 (2) sentences 2 and 3 of the Criminal Code and is not issued voluntarily, it shall be seized. (2) Foreign driving licences may be used for the registration of a note on the (3) If the driving licence is not found in the case, the person convicted shall, at the request of the person who has been authorised, be seized of the licence or the ban (§ 44 (2) sentence 4, § 69b (2) of the Criminal Code). Enforcing authority in the district court to issue an affidavit of the whereabout. Section 883 (2) and (3) of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

§ 463c

(1) If the public announcement of the conviction has been ordered, the decision shall be notified to the person entitled to the judgment. (2) The order referred to in paragraph 1 shall be carried out only if the applicant or an applicant in his/her position is entitled to: within one month of the notification of the final decision. (3) If the publisher or the responsible editor of a periodical publication does not comply with his obligation, such a notice shall be published in the printing unit , the Court of First Instance shall, at the request of the executing authority, keep it by: To fix a penalty of up to twenty-five thousand euros, or from forced confinement for up to six weeks. Penalty payments can be fixed repeatedly. § 462 applies accordingly. (4) Paragraph 3 shall apply mutas to the notice in broadcasting if the person responsible for the programme design does not comply with his obligation. Unofficial table of contents

§ 463d

In order to prepare the decisions to be taken in accordance with § § 453 to 461, the court or the executing authority of the Court of Justice may serve; this shall be the case, in particular, before a decision on the revocation of the sentence or of the court of law. suspension of the criminal case, unless a probation officer is appointed.

Second section
Costs of the procedure

Unofficial table of contents

§ 464

(1) Each judgment, each penalty order and any decision taken must be determined by whom the costs of the proceedings must be borne. (2) The decision as to who bears the necessary expenses shall be taken by the Court of First Instance. in the judgment or in the decision which concludes the procedure. (3) An immediate appeal is admissible against the decision on the costs and the necessary expenses; it is inadmissible if a challenge to the provisions referred to in paragraph 1 is applied The main decision by the complainant is not admissible. The appeal court shall be bound by the actual findings on which the decision is based. If the judgment, in so far as it concerns the decision on the costs and the necessary expenses, is appealed immediately and in the rest of the appeal or revision, the Court of Appeal or the Court of Appeal shall, as long as it is with the appeal, or It is also responsible for the decision on the immediate complaint. Unofficial table of contents

Section 464a

(1) The costs of the proceedings shall be the fees and expenses of the State Treasury. The costs also include the costs of the preparation of the public action and the cost of the execution of a legal consequence. The costs of an application for the resumption of the proceedings concluded by a final judgment also include the costs incurred in the preparation of a retrial (§ § 364a and 364b), insofar as they are due to a request by the Convicts are caused. (2) The necessary outlays of a party also include:

1.

the compensation for a necessary time failure in accordance with the rules applicable to the compensation of witnesses; and

2.

the fees and outlays of a lawyer, in so far as they are to be reimbursed pursuant to Section 91 (2) of the Code of Civil Procedure.

Footnote

Section 464a (2) (2): compatible with the GG in accordance with the decision-making formula, BVerfGE v. 6.11.1984; 1985 I 194-2 BvL 16/83- Unofficial table of contents

Section 464b

The amount of the costs and expenses which a party has to reimburse to another person shall be determined by the court of first law at the request of a party. On request, it should be stated that the fixed costs and expenses are to be galvanissed from the affixing of the request for fixing the application. The level of the interest rate, the procedure and the enforcement of the decision shall be subject to the provisions of the Code of Civil Procedure. Unofficial table of contents

Section 464c

Where an interpreter or translator has been used for an accused person who is not proficient in the German language, an interpreter or translator, the expenses thus incurred shall be imposed on the accused person, insofar as he or she is responsible for the expenses incurred by the interpreter or translator. , except in the case of Section 467 (2), this is expressly to be pronounced, except in the case of Section 467 (2). Unofficial table of contents

§ 464d

The deposits of the state treasury and the necessary outlays of the participants can be distributed according to fractions. Unofficial table of contents

§ 465

(1) The costs of the proceedings shall be borne by the defendant in so far as they have been incurred as a result of the proceedings for an act on the grounds of which he is convicted or of a measure of improvement and security against him. A conviction within the meaning of this provision is also available if the accused is cautioned with a criminal reservation or if the court disregards the sentence. (2) Are investigations into the investigation of certain incriminating or relieving circumstances of the court In the case of special expenses and these investigations have been carried out in favour of the accused, the court has to impose the expenses incurred in part or on the state treasury if it would be unfair to place a burden on the defendant. This applies in particular if the defendant is not convicted of individual separable parts of an act or of individual ones of several violations of the law. Sentences 1 and 2 shall apply in accordance with the necessary expenses of the accused. (3) A convicted person shall die before the judgment has entered into force, and his remission shall not be liable for the costs.

Footnote

Section 465 (1) sentence 1: IdF d. Annex 3 to the G v. 12.9.1950 p. 455 compatible with the GG, BVerfGE v. 19.1.1965 I 42-2 BvL 8/62- Unofficial table of contents

§ 466

Co-defendants, against which punishment is recognized in relation to the same deed or a measure of improvement and security, shall be liable for the outlays as the total debtor. This shall not apply to the costs arising from the activity of a defender or of an interpreter and the costs incurred as a result of execution, provisional accommodation or pre-trial detention, and for expenses incurred by: Investigations which were directed exclusively against a co-defendant have arisen. Unofficial table of contents

Section 467

(1) Insofar as the accused acquitted, the opening of the main proceedings against him is rejected or the proceedings against him are terminated, the deposits of the state treasury and the necessary expositions of the accused of the state treasury shall fall to the Last. (2) The costs of the proceedings, which the accused person caused by a culpable sabre, are imposed on him. The expenses incurred by him in this respect shall not be imposed on the treasury. (3) The necessary expenses of the accused shall not be imposed on the treasury if the accused has led to the imposition of the public action by the fact that: he has faked in a self-indication to have committed the act he was accused of. The Court of First Instance may disregard the need to impose the necessary expositions of the State Treasury's accused person if he

1.

(a) the imposition of the public action by the fact that he himself, in essential respects, has been subject to any breach of his or his subsequent declarations or has concealed substantial circumstances in which he is responsible, although he is the person who is responsible for the application of the the accusation, or

2.

because of a criminal offence, it is not condemned, because there is a procedural obstacle.

(4) If the Court of First Instance establishes the proceedings in accordance with a provision which allows this to be granted at its discretion, it may not be necessary to impose the necessary outlays on the accused of the State Treasury. (5) The necessary outlays for the accused the state treasury shall not be imposed if the procedure is finally terminated after the preliminary cessation (§ 153a) has been made.

Footnote

§ 467: IdF d. Art. 2 N ° 25 G v. 24.5.1968 I 503 compatible with the GG, BVerfGE v. 15.4.1969 I 429-1 BvL 20/68- Unofficial table of contents

§ 467a

(1) If the public prosecutor's office withholds the public action and establishes the proceedings, the court in which the public action was brought has, at the request of the public prosecutor's office or the accused person, required the necessary adult To impose expositions of the State Treasury. § 467 (2) to (5) shall apply mutadas. (2) The necessary expositions for a secondary party (§ 431 (1) sentence 1, § § 442, 444 (1) sentence 1) may be taken by the court in the cases referred to in the first sentence of paragraph 1 at the request of the public prosecutor's office or the (3) The decision referred to in paragraphs 1 and 2 shall be incapable of countering the decision. Unofficial table of contents

§ 468

In the case of reciprocal insults, the conviction of one or both parts in the costs will not be ruled out by the fact that one or both of them will be declared unpunished. Unofficial table of contents

§ 469

(1) Where a non-judicial procedure has been brought about by a deliberate or reckless untrue advertisement, the Court of First Instance shall, after having been heard, have the costs of the proceedings and the costs of the proceedings. To impose on adult necessary expositions. The Court of First Instance may impose the necessary expositions on the person concerned (Section 431 (1) sentence 1, § § 442, 444 (1) sentence 1). (2) If no court has yet dealt with the case, the decision shall be taken at the request of the Prosecutor's office by the court which would have been responsible for opening the main proceedings. (3) The decision under paragraphs 1 and 2 is indisputable. Unofficial table of contents

§ 470

If the proceedings are terminated due to the withdrawal of the application, the applicant shall have the costs and the necessary expenses for the accused and the accused person (§ 431 (1) sentence 1, § § 442, 444 (1) sentence 1). Leeway to be worn. They may be imposed on the accused or by a side-party as far as he agrees to take charge of the State Treasury, if it would be unfair to place a burden on the parties concerned. Unofficial table of contents

§ 471

(1) In a procedure on a private lawsuit raised, the convicted person shall also have to reimburse the necessary expositions to the private kläger. (2) If the lawsuit is rejected against the accused, or if the accused is acquitted, or if the proceedings are (3) The court may adequately distribute the costs of the proceedings and the necessary expenses of the parties concerned, or shall, at the discretion of the person concerned, impose on one of the parties concerned if:

1.

it only partially corresponded to the requests made by the private sector;

2.

it has suspended the proceedings pursuant to section 383 (2) (§ 390 (5)) on account of the minor nature of the proceedings;

3.

It has been brought to a close.

(4) Several private kläger shall be liable as a full debtor. The same shall apply in respect of the liability of several accused persons for the necessary outlays for the private-sector careermen. Unofficial table of contents

§ 472

(1) The necessary expositions shall be imposed on the accused person if he is convicted of an act relating to the co-defendant. This may be, in whole or in part, as far as it would be unfair to charge the accused person. (2) If the Court of First Instance finds the proceedings in accordance with a provision which it allows at its discretion, it may be the case referred to in paragraph 1. shall, in whole or in part, impose the necessary outlays on the accused, in so far as this corresponds to the equity for particular reasons. If the Court of First Instance definitively sets the procedure after the preliminary cessation of the proceedings (Section 153a), paragraph 1 shall apply. (3) Paragraphs 1 and 2 shall apply mutagenically to the necessary expositions to be made to a consignor as a co-prosecutor. have grown up in the exercise of their powers under Section 406g. The same applies to the necessary expositions of a private prosecutor if the prosecution has taken over the prosecution pursuant to Section 377 (2). (4) § 471 (4) sentence 2 shall apply accordingly. Unofficial table of contents

Section 472a

(1) In so far as the application for the recognition of a claim arising from the offence is granted, the defendant shall also bear the special costs incurred thereby and the necessary expenses of the injured person. (2) Sees the Court of Justice of the If a part of the claim is not granted to the injured person or if the injured person withholds the request, the court decides, at the discretion of the court, to determine who the legal expenses incurred in this respect and the to the extent to which the parties concerned are required to carry out necessary adult The judicial outlays may be imposed on the treasury, if it would be unfair to place a burden on the parties concerned. Unofficial table of contents

Section 472b

(1) If the decay, the confiscation, the reservation of confiscation, the destruction, the unusable or the disposal of an unlawful state are ordered, the special costs incurred by its participation may be borne by the secondary party. shall be imposed. The necessary outlays for the secondary participant may, to the extent that it corresponds to the equity, be imposed on the accused, in the self-employed procedure also by another side party. (2) If a fine is imposed on a legal person, or an association of persons, it shall bear the costs of the proceedings in accordance with § § 465, 466. (3) shall be subject to the order of one of the minor consequences referred to in the first sentence of paragraph 1 or to the fixing of a fine against a the legal person or association of persons, the person responsible for the Any necessary outlays on the part of the State Treasury or any other party concerned shall be imposed. Unofficial table of contents

Section 473

(1) The costs of a withdrawn or unsuccessfully engaged legal remedy shall meet the person who has lodged it. If the accused has unsuccessfully appealed or withheld the appeal, he or she shall be entitled to the necessary expositions in the exercise of his powers pursuant to § 406g, which shall be deemed to be the right of the co-defendant or the consignee to be connected as a co-defendant. on the market. If, in the case of the first sentence, an appeal has been lodged or carried out by the co-workers alone, it shall be replaced by the necessary expositions of the accused person. In the case of the costs of the appeal and the necessary expenses of the parties concerned, Section 472a (2) shall apply accordingly if an immediate appeal admissible pursuant to Section 406a (1) sentence 1 is inadmissible by a decision concluding the appeal (2) If, in the case of paragraph 1, the public prosecutor's office has appealed for the benefit of the accused or of a secondary party (§ 431 (1) sentence 1, § § 442, 444 (1) sentence 1), the necessary expositions of the public prosecutor's office shall be the State treasury. The same shall apply if the appeal lodged by the Public Prosecutor's Office in favour of the accused or by a secondary party has been successful. (3) If the accused or another participant has limited the appeal to certain objections (4) If the appeal is partially successful, the court has to pay the fee and the expenses incurred in part or in part have to be paid. to impose on the state treasury, as far as it would be unfair, the parties concerned to put a strain on. (5) An appeal is deemed to be unsuccessful in so far as an order pursuant to Section 69 (1) or § 69b (1) of the Penal Code is not upheld only because its conditions are fulfilled. (6) The provisions of paragraphs 1 to 4 shall apply in accordance with the provisions of Section 111a (1) of the Code of Criminal Law (Section 111a (1)) or of the Arrest, Safeguarding or seizure of the licence (Section 69a (6) of the Criminal Code). for the costs and the necessary expenses, which shall be made by a request

1.

on the resumption of the proceedings concluded by a final judgment, or

2.

on a post-trial procedure (§ 439)

(7) The costs of re-establishment of rights to the previous stand shall be borne by the applicant in so far as they have not been caused by an unfounded contradiction of the opponent. Unofficial table of contents

Section 473a

If, at the request of the person concerned, the Court of First Instance has to decide in a separate decision on the legality of an investigative measure or of its enforcement, it shall at the same time determine who the costs and the necessary expenses of the parties concerned are concerned. They are. These are, in so far as the measure or its enforcement is declared unlawful, the State Treasury, otherwise to impose on the applicant. § 304 (3) and § 464 (3) sentence 1 shall apply accordingly.

Eighth book
Provision of information and access to files, other use of data for cross-process purposes, file regulations, cross-national public prosecutor's register

First section
Provision of information and access to files, other use of data for cross-process purposes

Unofficial table of contents

§ 474

(1) courts, public prosecutors and other judicial authorities shall obtain access to the file if necessary for the purposes of the administration of justice. (2) Further information from files to public authorities shall be permitted where:

1.

the information is required to identify, enforce or defend legal claims in connection with the offence,

2.

may, in other cases, be transferred to such bodies by means of criminal proceedings, on the basis of a special provision on the basis of personal data, or where, after the transfer of such data, the transfer of personal data may be carried out by the Data is required for task performance, or

3.

the information on the preparation of measures to be communicated to such bodies by means of criminal proceedings, pursuant to a special provision on the ground of personal data, may be required.

The provision of information to the intelligence services is governed by § 18 of the Federal Constitutional Protection Act, § 10 of the MAD Act and § 8 of the BND Act as well as the corresponding national regulations. (3) Under the conditions of the Paragraph 2 may be granted access to the file if the issuing of information would require a disproportionate effort or if the file inspection body declares that the grant of an information to be provided for the purpose of the information is to be provided (4) Under the conditions laid down in paragraphs 1 (5) files may be sent for inspection in the cases referred to in paragraphs 1 and 3. (6) Land legislation, the parliamentary committees a right to access to the file shall not be affected. Unofficial table of contents

§ 475

(1) For a private person and for other bodies, without prejudice to the provision of section 406e, a lawyer may obtain information from files which are available to the court or which would be submitted to the court in the case of the collection of the public action, insofar as he/she there is a legitimate interest in this. Information must be withheld if the person concerned has a legitimate interest in denunciation. (2) Under the conditions set out in paragraph 1, access to the file may be granted where the provision of information is disproportionate (3) Under the conditions set out in paragraph 2, officially custody of evidence may be visited. Upon request, the attorney may, in so far as access to the file is granted and not important reasons, be given the files with the exception of the pieces of evidence in his business premises or his apartment. The decision shall not be countervailable. (4) Under the conditions laid down in paragraph 1, private persons and other bodies may also be provided with information from the files. Unofficial table of contents

Section 476

(1) The transfer of personal data in files to universities, other bodies engaged in scientific research, and public authorities shall be permitted where:

1.

whereas this is necessary for the implementation of certain scientific research;

2.

the use of anonymized data is not possible for this purpose or the anonymization is associated with a disproportionate effort and

3.

the public interest in the research work considerably outweighs the protection worthy interest of the person concerned in the exclusion of the transmission.

In the case of the assessment referred to in the first sentence of paragraph 3, the scientific interest in the research project must be taken into account in particular in the context of the public interest. (2) The transmission of the data shall be provided by the provision of information, if this is the case. The purpose of the research work can be achieved and the grant does not require a disproportionate effort. Otherwise, access to the file can also be granted. The files may be sent for inspection. (3) Personal data will only be transmitted to such persons who have been particularly pledged for public service or for the public service or who have been obligated to maintain secrecy. Article 1 (2), (3) and (4) (2) of the Obligations Act applies to the obligation to maintain secrecy. (4) The personal data may only be used for the research work for which they have been transmitted. The use of any other research or dissemination shall be governed by paragraphs 1 to 3 and shall be subject to the consent of the body which has ordered the transmission of the data. (5) The data shall be against unauthorised knowledge by third parties. . The body responsible for scientific research shall ensure that the use of the personal data is spatially and organizationally separated from the performance of such administrative tasks or business purposes for which this data is provided. (6) As soon as the research purpose permits, the personal data are to be anonymized. As long as this is not yet possible, the characteristics must be kept separately, with which details can be attributed to the personal or factual circumstances of a specific or determinable person. They may only be merged with the individual information provided that the purpose of the research is required. (7) Anyone who has received personal data in accordance with paragraphs 1 to 3 may publish it only if this is necessary for the presentation of Research results on the events of contemporary history are essential. The publication requires the consent of the body which transmitted the data. (8) If the recipient is a non-public body, the provisions of the third section of the Federal Data Protection Act shall also apply if the data are not in place in or from files. Unofficial table of contents

Section 477

(1) Information may also be provided by the transfer of copies from the files. (2) Information from files and inspection of files shall be refused if the transmission of the purpose of the criminal proceedings, including the risk to the investigation for the purpose of a criminal investigation, shall be refused. other criminal proceedings, or special federal or equivalent statutory provisions on the use of the law. Where a measure under this Act is permitted only on suspicion of certain offences, the personal data obtained on the basis of such a measure may, without the consent of the persons affected by the measure, be used for evidence in other cases. Criminal proceedings shall be used only for the purpose of investigating such offences, for which such a measure may have been ordered in accordance with this law. In addition, personal data obtained by a measure of the kind referred to in the second sentence may be used without the consent of the persons concerned by the measure.

1.

to avert a serious threat to public security,

2.

for the purposes for which a transmission in accordance with Section 18 of the Federal Constitutional Protection Act is admissible, and

3.

in accordance with § 476.

§ 100d (5), § 100i (2) sentence 2 and § 108 (2) and (3) shall remain unaffected. (3) In proceedings in which

1.

the defendant acquitted, the opening of the main proceedings has been rejected or the proceedings have ceased, or

2.

the conviction is not included in a management certificate for authorities and has elapsed since the legal force of the decision for more than two years,

may only be provided from the files and the inspection of files to non-public bodies if a legal interest in the knowledge of the information is made credible and the former accused no interest in the protection of the (4) The responsibility for the admissibility of the transmission shall be borne by the addressee, insofar as this is a public body or a lawyer. In this case the transmitting body shall examine only whether the request for transmission lies within the scope of the tasks of the addressee, unless there is a particular reason for further examination of the admissibility of the transmission. (5) The following § § 474, 475 acquired personal data may only be used for the purpose for which the information or file inspection has been granted. Use for other purposes is permissible if information or access to the file is likely to be granted for this purpose and, in the case of § 475, the body which has granted access to information or access to the file agrees. If an information is provided without the inclusion of a lawyer, reference should be made to the earmarking. Unofficial table of contents

Section 478

(1) In the preparatory proceedings and after the final conclusion of the proceedings, the public prosecutor's office shall decide on the granting of information and the inspection of the file, and the chairman of the court dealing with the case shall also be responsible. The public prosecutor's office is also entitled to provide information after the public lawsuit has been raised. The Public Prosecutor's Office may authorise the authorities of the police service who have carried out or conduct the investigation in the cases of Section 475 of the file inspection and the information. The decision of the Public Prosecutor's Office may be sought against their decision. The transfer of personal data between the authorities of the police service or an appropriate inspection of the file shall be admissible without a decision pursuant to sentence 1, unless there are doubts as to the admissibility of the transmission or of the Access to the file. (2) Information may only be supplied from files which are not included in the file, if the applicant gives the consent of the body in order to obtain the file's files; the same applies to the inspection of the file. (3) In the Cases of § 475 may be brought against the decision of the Public Prosecutor's Office pursuant to paragraph 1 of Decision is requested by the court in charge of the application in accordance with § 162. § § 297 to 300, 302, 306 to 309, 311a and 473a shall apply accordingly. The decision of the Court of First Instance shall be unquestionable as long as the investigation has not yet been completed. Such decisions shall not be reasoned, insofar as the purpose of their disclosure of the purpose of the investigation could be jeopardised. Unofficial table of contents

§ 479

(1) From its own point of view, personal data from criminal proceedings may be transmitted to law enforcement and criminal courts for the purpose of prosecution, as well as to the competent authorities and courts for the purpose of prosecution of administrative offences. where such data are necessary from the point of view of the transmitting body. (2) The transfer of personal data of an official's own motion from a criminal proceedings shall also be admissible if the knowledge of the data is from the point of view of the Need to be notified for

1.

enforcement of penalties or measures within the meaning of Section 11 (1) (8) of the Criminal Code or the execution or execution of educational measures or breeding funds within the meaning of the Juvenile Juvenile Law,

2.

the enforcement of deprivation measures,

3.

Decisions in criminal matters, in particular on the suspension of sentences for probation or their revocation, in fines or mercy cases.

(3) § 477 (1), (2) and (5) as well as § 478 (1) and (2) shall apply accordingly; the responsibility for the admissibility of the transmission shall be borne by the transmitting body. Unofficial table of contents

§ 480

Special legal provisions which order or permit the transfer of personal data from criminal proceedings shall remain unaffected. Unofficial table of contents

§ 481

(1) The police authorities may use personal data from criminal proceedings in accordance with police law. For the purposes set out therein, law enforcement and law enforcement authorities may transmit personal data from criminal proceedings to police authorities or grant access to the file. Sentences 1 and 2 do not apply in cases where the police are acting solely for the protection of private rights. (2) The use is inadmissible to the extent that special federal or equivalent national legal regulations for the use of such rights are not permitted. (3) If the police authority has doubts as to whether a use of personal data pursuant to this provision is permissible, the first sentence of Article 478 (1) and the second sentence of paragraph 478 shall apply accordingly. Unofficial table of contents

§ 482

(1) The Public Prosecutor's Office shall inform the police authority which has dealt with the matter with its file number. (2) It shall inform the police authority of the outcome of the proceedings in the cases referred to in paragraph 1, by means of a communication of the Decision-making formula, the decisive body and the date and the nature of the decision. The sending of an impression of the notice on the Federal Central Register is admissible, in the case of the requirement also the judgment or a reasoned opinion decision. (3) In proceedings against unknown as well as in the case of road traffic offences, where they are not covered by Articles 142, 315 to 315c of the Criminal Code, the outcome of the proceedings referred to in paragraph 2 shall not be notified of its own motion. (4) Where a judgment has been sent which has been challenged, it shall be stated who is an appeal. .

Second section
File rules

Unofficial table of contents

§ 483

(1) Courts, law enforcement agencies, including enforcement authorities, probation officers, supervisory authorities in the case of management supervision and the Tribunals may store, modify and use personal data in files to the extent that this is necessary for the purposes of: of the criminal proceedings. (2) The data may also be used for other criminal proceedings, international mutual legal assistance in criminal matters and causes of mercy. (3) In a file of the police, the data are stored together with data, the data of which is If it is stored in accordance with the law of the police, it is The processing and use of personal data and the rights of the persons concerned shall be governed by the law applicable to the storage body. Unofficial table of contents

Section 484

(1) Law enforcement authorities shall be allowed to apply for the purposes of future criminal proceedings

1.

the personal data of the accused person and, where necessary, other characteristics suitable for identification,

2.

the competent authority and the file number,

3.

the detailed description of the offences, in particular the tides, the crime scenes and the amount of any damage,

4.

the accusation of the offence by indicating the legal provisions,

5.

the initiation of proceedings, as well as the procedural requirements of the public prosecutor's office and the court in addition to the statutory provisions

store, modify and use files. (2) Further personal data of accused persons and persons involved may only store, modify and use them in files, insofar as this is necessary, because of the nature or execution of the act, the The personality of the accused person or the person involved, or any other evidence, has the reason to believe that further criminal proceedings are to be brought against the accused. If the accused is acquitted in a legally binding manner, the opening of the main proceedings against him is rejected indisputably, or the proceedings are not only provisionally set, the storage, modification and use according to the sentence 1 shall be inadmissible if: (3) The Federal Ministry of Justice and the State Governments determine for their respective business division by means of a regulation of the law of the Federal Republic of Germany. More detailed information on the nature of the data referred to in paragraph 2 for the purposes of future criminal proceedings may be stored. This does not apply to data in files that are temporarily withheld and deleted within three months of their creation. The State Governments may transfer the authorization to the relevant Ministries of the Land by means of a legal regulation. (4) The use of personal data which are or will be stored in files of the police for the purpose of future criminal proceedings, shall be governed by the law of the police, with the exception of the use for the purposes of criminal proceedings. Unofficial table of contents

§ 485

Courts, law enforcement agencies, including enforcement authorities, probation officers, supervisory authorities and judicial authorities may store, modify and use personal data in files as far as this is concerned for the purposes of: Job management is required. Use for the purposes referred to in § 483 shall be permitted. Use for the purposes referred to in § 484 shall be permitted insofar as the storage would also be permissible under this provision. Section 483 (3) shall apply accordingly. Unofficial table of contents

§ 486

(1) The personal data may be stored in joint files for the positions referred to in § § 483 to 485. (2) In the case of cross-country joint files, the claims for damages of a person concerned are subject to § 8 of the Federal Data Protection Act accordingly. Unofficial table of contents

§ 487

(1) The data stored in accordance with § § 483 to 485 may be transmitted to the competent authorities, insofar as this is for the purposes specified in these provisions, for purposes of a mercy procedure or international legal assistance in criminal matters. is required. § 477 para. 2 and § 485 sentence 3 apply accordingly. (2) Information can also be provided from a file, to the extent that the provisions of this law could grant access to files or information from the files. The same applies to communications according to § § 479, 480 and 481 (1) sentence 2. (3) The responsibility for the admissibility of the transmission shall be borne by the transmitting body. Where the transmission is carried out at the request of the beneficiary, the latter shall bear the responsibility. In such a case, the notified body shall examine only whether the request for transmission lies within the scope of the tasks of the recipient, unless there is a particular reason for further examination of the admissibility of the transmission. (4) The following § § § 483 to 485 stored data may also be transmitted for scientific purposes. § 476 applies accordingly. (5) Special statutory provisions which order or permit the transmission of data from criminal proceedings shall remain unaffected. (6) The data may only be used for the purpose for which they have been transmitted. Use for other purposes is permitted, provided that the data may also have been transmitted for this purpose. Unofficial table of contents

§ 488

(1) The establishment of an automated retrieval procedure or an automated enquiry and information procedure shall be permitted for transmissions pursuant to section 487 (1) between the bodies referred to in § 483 (1), insofar as this form of the Data transmission taking into account the legitimate interests of the persons concerned is appropriate because of the large number of transfers or because of their special need for urgent action. The bodies involved shall ensure that the relevant state of the art measures are taken in order to ensure data protection and data security, in particular the confidentiality and integrity of the data , in the case of the use of generally accessible networks, appropriate encryption methods shall be applied to the state of the art. (2) For the purpose of establishing an automated retrieval procedure, § 10 (2) of the Federal Data Protection Act accordingly. This requires the approval of the respective federal and state ministries responsible for the storage and retrieval positions. The storage body shall send the provisions of the body responsible for checking compliance with the rules on data protection in the case of public authorities. (3) The responsibility for the admissibility of the individual call shall be borne by the Receiver. The storage body shall examine the admissibility of the calls only if there is reason to do so. The storage body shall ensure that the transmission of personal data can be determined and verified, at least by means of appropriate sampling procedures. It is intended to record at least the time, the retrieved data, the identification of the retrieving location and the recipient's file at each tenth call. The historical data may only be used for checking the admissibility of the calls and shall be deleted after twelve months. Unofficial table of contents

§ 489

(1) Personal data in files shall be corrected if they are incorrect. (2) You are to be deleted if their storage is inadmissible or if, on the occasion of a case-by-case processing, the knowledge of the data for the data in accordance with § § 483, 484, 485 is no longer required. It should also be deleted

1.

data stored in accordance with § 483, with the execution of the proceedings, insofar as their storage is not permitted in accordance with § § 484, 485,

2.

data stored in accordance with § 484, in so far as the examination in accordance with paragraph 4 shows that the knowledge of the data is no longer necessary for the purpose referred to in § 484 and that its storage is not permitted under section 485,

3.

data stored in accordance with § 485, as soon as their storage is no longer necessary for the management of the job.

(3) The execution of the proceedings shall be deemed to have been carried out by the Public Prosecutor's Office or, if the public action has been filed, in the case of a court. Where a penalty or other sanction has been ordered, the conclusion of enforcement or of the decree shall be decisive. If the proceedings are terminated and the suspension does not prevent the resumption of the pursuit, the procedure shall be deemed to have been completed with the entry of the limitation period. (4) The storing authority shall examine, in accordance with fixed time limits, whether according to § 484 stored data is to be deleted. The deadline shall be:

1.

in the case of accused persons who, at the time of the deed, had completed the eighteenth year of life, ten years,

2.

for young people five years,

3.

in the cases of the final acquittal, the indisputable rejection of the opening of the main proceedings and the three-year period not only provisional,

4.

in the case of persons who had not been punishable by criminal law at the time of the crime, according to § 484 (1), two years.

(6) If the data of a person is stored in the file for a further procedure, the deletion shall not be deleted until all entries have been received by the data file. Deletion requirements are available. The first sentence of paragraph 2 shall remain unaffected. (7) A blocking shall be replaced where a deletion occurs, to the extent that:

1.

There is reason to believe that the interests of an affected person would be compromised,

2.

the data are needed for ongoing research, or

3.

Deletion due to the special nature of the storage is not possible or can only be deleted with disproportionate effort.

Personal data shall also be blocked, insofar as they are only stored for the purposes of data protection or data protection control. Locked data may only be used for the purpose for which the deletion has not been deleted. They may also be used to the extent that this is essential in order to remedy an existing evidence of evidence. (8) If the storing body finds that personal data which are not correct, to be deleted or to be blocked have been transmitted, the (9) In place of the deletion of the data, the data carriers must be sent to a state archive, insofar as special conditions are required. Archive law shall provide for this. Unofficial table of contents

§ 490

The storage body shall, for each automated file in a setting-up order, specify at least:

1.

the name of the file,

2.

the legal basis and the purpose of the file,

3.

the group of people through which data is processed in the file,

4.

the nature of the data to be processed,

5.

the delivery or input of the data to be processed,

6.

the conditions under which data processed in the file are transmitted to which recipients and in what procedure,

7.

Test rists and storage duration.

This does not apply to files that are temporarily withheld and deleted within three months of their creation. Unofficial table of contents

Section 491

(1) In accordance with § 19 of the German Federal Data Protection Act (Bundesdatenschutzgesetz), the person concerned shall be informed in accordance with Section 19 of the Federal Data Protection Act in so far as the granting or failure of information in this Act is not particularly regulated Information on proceedings in respect of which the initiation of proceedings at the public prosecutor's office at the time of the request for information has not yet been completed more than six months shall not be granted. The Public Prosecutor's Office may extend the period of sentence 2 up to 24 months if, in view of the difficulty or extent of the investigation, there is still a need for confidentiality in the individual case. The Attorney General, in proceedings of the General Prosecutor's Office of the Federal Prosecutor General, decides to extend the time limit beyond that. The decisions taken pursuant to sentences 3 and 4 and the reasons therefor shall be documented. The applicant shall be referred to the scheme in sentences 2 to 5, whether or not proceedings are brought against him or not. (2) In the case of a joint file, the person concerned is not in a position to establish the place of storage, such as it can turn to any other authorized body involved. In order to obtain information, it shall decide in agreement with the body which has entered the data.

Third Section
Cross-country Public Prosecutor's Register

Unofficial table of contents

§ 492

(1) The Federal Office of Justice (Registry Office) shall conduct a central public prosecutor's register. (2) The register shall be entered in the register.

1.

the personal data of the accused person and, where necessary, other characteristics suitable for identification,

2.

the competent authority and the file number,

3.

the detailed description of the offences, in particular the tides, the crime scenes and the amount of any damage,

4.

the accusation of the offence by indicating the legal provisions,

5.

the initiation of proceedings, as well as the procedural requirements of the public prosecutor's office and the court in addition to the statutory provisions

shall be entered. The data may only be stored and changed for criminal proceedings. (3) The public prosecutors shall communicate the data to be submitted to the register authority for the purposes set out in the second sentence of paragraph 2. Information from the register of proceedings may only be provided to law enforcement authorities for the purposes of criminal proceedings. Article 5 (5), first sentence, No. 2 of the German Weapons Act and Section 8a (5), first sentence, No. 2 of the Explosives Act shall remain unaffected; the information on the registration shall be provided in agreement with the Public Prosecutor's Office, who shall provide the personal data for the purposes of (4) The data referred to in paragraph 2, first sentence, no. 1 and 2 may be obtained in accordance with the provisions of Section 18 (3) of the Federal Constitution Protection Act, also in conjunction with Section 10 (2) of the Act on Military shielding service and § 8 Paragraph 3 of the Law on the Federal Intelligence Service, on request also to the Constitutional Protection Authorities of the Federation and the Länder, the Office for the Military shielding service and the Federal Intelligence Service will be transmitted. § 18 para. 5 sentence 2 of the Federal Constitutional Protection Act applies accordingly. (4a) If the register authority cannot unambiguate a communication or a request to a data record, it shall transmit it to the requesting body for the determination of identity Records for people with similar personal data. Once the identification has been completed, the requesting body shall immediately delete all data which does not relate to the person concerned. If an identification is not possible, all the data transmitted must be deleted. In the legal regulation according to § 494 (4), the number of data records which may be transmitted on the basis of a call shall be limited to the amount necessary for an identification. (5) The responsibility for the admissibility of the transmission shall be borne by the the recipient. The register authority shall examine the admissibility of the transmission only if there is particular reason to do so. (6) Without prejudice to the third sentence of paragraph 3 and paragraph 4, the data may be used only in criminal proceedings. Unofficial table of contents

§ 493

(1) The transmission of the data shall be carried out by means of an automated retrieval procedure or an automated request and information procedure, in the event of a failure to transmit data, or in case of exceptional urgency, by telephone or by fax. The bodies involved shall ensure that the relevant state of the art measures are taken in order to ensure data protection and data security, in particular the confidentiality and integrity of the data , in the case of the use of generally accessible networks, the respective state of the art shall be subject to appropriate encryption procedures. (2) For the purpose of establishing an automated retrieval procedure, Article 10 (2) of the Federal Data Protection Act. The register authority shall send the findings to the Federal Commissioner for Data Protection. (3) The recipient shall be responsible for the admissibility of the individual automated call. The register authority shall examine the admissibility of the calls only if there is reason to do so. At each tenth call, it has at least the time to log the retrieved data, the identification of the retrieving location and the file number of the recipient. The protocol data may be used only for checking the admissibility of the calls and shall be deleted after six months. (4) The provisions of paragraphs 2 and 3 shall apply mutatily to the automated request and information procedures. Unofficial table of contents

§ 494

(1) The data shall be corrected if they are incorrect. The competent authority shall immediately inform the register authority of the inaccuracy; it shall be responsible for the accuracy and timeliness of the data. (2) The data shall be deleted;

1.

if their storage is inadmissible, or

2.

as soon as it emerges from the Federal Central Register that in the criminal proceedings from which the data have been transmitted, a judicial decision or disposition of a judicial decision which is subject to a participation in accordance with section 20 of the Bundeszentralregistergesetz (Bundeszentralregistergesetz) is available to the Law enforcement authority has been issued.

If the accused is legally acquitted, the opening of the main proceedings against him is rejected indisputably, or the proceedings are not only provisionally closed, the data shall be deleted two years after the proceedings have been completed; A further procedure for entry in the register of proceedings shall be communicated before the date of cancellation of the cancellation period. In this case, the data remain stored until all entries are subject to the deletion requirements. The public prosecutor's office shall immediately inform the register authority of the admittment of the erasure requirements or the beginning of the deletion period in accordance with the second sentence. (3) § 489 (7) and (8) shall apply accordingly. (4) The Federal Ministry of Justice shall be determined by Ordinance with the consent of the Federal Council, the more detailed information, in particular

1.

the nature of the data to be processed,

2.

the delivery of the data to be processed,

3.

the conditions under which data processed in the file are transmitted to which recipients and in what procedure,

4.

the establishment of an automated retrieval procedure,

5.

the technical and organizational measures required in accordance with § 9 of the German Federal Data Protection Act.

Unofficial table of contents

§ 495

According to § 19 of the German Federal Data Protection Act, the data subject is to be provided with information from the procedural register; § 491 (1) sentences 2 to 6 shall apply accordingly. The register authority shall decide on the issue of information in agreement with the public prosecutor's office, which has disclosed the personal data for entry in the procedural register. In so far as information from the register of proceedings has been issued to a public authority and the person concerned is seeking information on the data thus collected, this body shall, in agreement with the public prosecutor's office, decide on this point: the personal data for entry into the process register has been communicated. Unofficial table of contents

Annex EV Excerpt from EinigVtr Annex I, Chapter III, Sachgebiet A, Sections III and IV
(BGBl. II 1990, 889, 933, 940)
Section III
-measures in respect of the territory which has been acceded (Art. 3 Unification)-
Section IV
-special arrangements for the Land of Berlin,

Section III
Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, subject to the special arrangements applicable to the Land of Berlin in Section IV of the Treaty referred to in Article 3 of the Treaty:
...

14.

Criminal procedure in the version of the Notice of 7 April 1987 (BGBl. 1074, 1319), as last amended by Article 12 (1) of the Law of 9 July 1990 (BGBl I). 1354), with the following measures:

a)

to (c) (not to be applied)

d)

The execution of a legal order from a decision of a criminal court of the German Democratic Republic is admissible, unless it is established by a court that the conviction is not compatible with the rule of law or that the nature or amount of the legal order is not appropriate in accordance with the principles of the rule of law or is contrary to the purpose of a federal law. It may also be established that the legal sequence is to be completed in a milder type of consequence. The request for a determination may be made by the convicted person or by the public prosecutor. The application is inadmissible if a cassation procedure or a rehabilitation procedure has been carried out or a rehabilitation procedure can still be carried out. The Court of First Instance decides on the application, under the Criminal Law Rehabilitation Act of 29 June 2009. October 1992 (BGBl. I p. 1814) would be responsible for the rehabilitation. § 458 (3), first sentence, and § 462 (1) sentence 1 and (2) apply accordingly. The decision shall not be countervailable. The postponing or interruption of the execution may also be ordered by the public prosecutor's office.

e)

(no longer apply)

f)

(no longer apply)

g)

and (h) (no longer apply)

i)

and (j) (no longer apply)

k)

(no longer apply)

...

28.

(no longer apply)

Section IV
...

3.

The following provisions shall apply in the Land of Berlin for the following provisions referred to in Section III: ... e) (no longer applicable) ...

j)

(no longer apply)

...