Code Of Criminal Procedure

Original Language Title: Strafprozeßordnung

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Code of criminal procedure (StPO) StPO Ausfertigung date: 12.09.1950 full quotation: "code of criminal procedure as amended by the notice of 7 April 1987 (BGBl. I p. 1074, 1319), most recently by article 2 paragraph 2 of the Act of June 12, 2015 (BGBl. I p. 926) is changed" stand: Neugefasst by BEK. v. 7.4.1987 I 1074, 1319, last amended by article 2 para 2 G v. 12.6.2015 I 926 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.1.1981 +++) (+++ requirements due to EinigVtr cf. StPO annex EV;)
sometimes no longer apply +++) (+++ official note of the standard authority on EC law: implementation of EWGRL 439/91 (CELEX Nr: 391 L 0439) cf. V v. 24.4.1998 I 747 +++) (+++ to the application d. section 100 c cf. OrgKVerbG article 5 +++) revision of the code of criminal procedure of the 1.2.1877 RGBl. P. 253 by article 9 d. G v. 12.9.1950 I 455 overview first book General provisions of first section factual jurisdiction of the courts of §§ 1 to 6a second section jurisdiction sections 7 to 21 third section exclusion and objection the Court persons articles 22 to 32 fourth Section judicial decisions and communication between the involved articles 33 till 41a fifth section deadlines and restitutio in integrum sections 42 to 47 sixth section witnesses §§ 48-71 seventh section expert and inspection sections 72 to 93 eighth section seizure, interception of telecommunications, Dragnet, use of technical means, using undercover and search sections 94 to 111 p ninth section arrest and provisional arrest §§ 112 to 130 9a. Section more measures to ensure the prosecution and enforcement sections 131 and 132 section temporary employment ban 9B. section 132a of the tenth section interrogation of the suspect articles 133 to eleventh section 136a defense articles 137 to 150 second book procedures at first instance first section public complaint §§ 151 to 157 second section preparation of public complaint of §§ 158-177 third section (dropped out) sections 178 to 197 fourth section deciding the main proceedings sections 198 to 211 fifth section preparation of trial sections 212 to 255a sixth section
 
 
 
Trial §§ 226 to 275 seventh section deciding whether reserved in the judgment or the subsequent arrangement of backup storage section 275a eighth section proceedings against absent sections 276 to 295 third book appeal first section General provisions sections 296 to 303 second section complaint sections 304 to third section 311a appeal sections 312 to 332 fourth section revision §§ 333-358 fourth book recovery by final Urteilabgeschlossenen procedure articles 359 to 373a fifth book participation of the victim in the proceedings of the first section private prosecution sections 374-394 second Section civil sections 395 to 402 third section compensation of injured sections 403 to 406 c fourth section other powers of the injured 406d §§ up to 406 h sixth book special types of procedure first section procedure Strafbefehlen paragraphs 407 to 412 second section backup procedures sections 413-429 third section procedures for recovery and asset seizures sections 430-443 fourth section procedure for imposition of fines against legal persons and associations of persons articles 444 to 448 seventh book of enforcement of penalties and costs first section enforcement sections 449 to 463d
 
Second section costs sections 464 to 473a eighth book giving information and documents, any other use of information for process cross-purposes, file systems, cross-border staatsanwaltschaftliches process register paragraphs 474 to 495 first section obtaining of information and documents, any other use of information to process cross-purposes of §§ 474-482 second section file regulations sections 483 to 491 third section international staatsanwaltliches proceedings register paragraphs 492 to 495 first book General provisions first section substantive jurisdiction of the courts of article 1 which is factual jurisdiction of the courts by the law determined by the judiciary.

Section 2 (1) related criminal matters, which would include various individually to the jurisdiction of courts, can be made connected pending at the Court, which attends the higher jurisdiction. Related criminal matters, of which individual would belong to the competence of special criminal courts according to section 74, paragraph 2, as well as the sections 74a, and 74 c of the Judicature Act, can be made connected pending in the Criminal Division, according to § 74e of the courts act is the priority.
(2) for reasons of expediency, the separation of the related criminal matters can be arranged by this Court's decision.

§ 3 a correlation exists when a person is accused of several crimes, or if several persons as perpetrators, participants or favoring, penalty thwarting or handling stolen goods are accused in an act.

§ 4 connection can be (1) a contiguous or a separation of related criminal matters even after the main proceedings at the request of the Prosecutor or the accused or officio are arranged by judicial decision.
(2) the Court of higher-order is responsible for the decision, if the other courts belong to his district. One such dish is missing the community top court decides.

Article 5 for the duration of the connection is the Straffall, which belongs to the jurisdiction of the Court, higher-order apply for the procedure.

§ 6 the Court has to consider its substantive jurisdiction in any position of the proceedings by virtue.

Section 6a of the responsibility of special criminal courts to the provisions of the Judiciary Act (section 74 paragraph 2, sections 74a, 74 c of the courts Act) until the opening of the main proceedings, the Court examines officio. Then it may note its lack of jurisdiction only on the objection of the defendant. The defendant may assert the objection only until the beginning of his interrogation to the point in the main proceedings.
Second section jurisdiction § 7 (1) the place of jurisdiction is justified the Court in whose district the crime is committed.
(2) if the offence carried out by the content of a printed publication published within the scope of this federal law, only the Court is so as the Court referred to in paragraph 1, in whose district the document is published. However the Court in whose district the publication has been spread, is responsible, in cases of insult, unless the prosecution by way of private prosecution takes place, if in this district, the offended person has their domicile or habitual residence.

§ 8 (1) the place of jurisdiction is also at the Court in whose district the accused at the time of the bringing of the action resides.
(2) has accused the jurisdiction by the usual place of residence is not domiciled within the territorial scope of this federal law, and, if one is not known, is determined by the last place of residence.

§ 9 the place of jurisdiction is justified also by the Court in whose district the accused is taken.

Article 10 (1) is outside the scope of this act committed the offence on a vessel that is entitled to fly the flag of the Federal, so the Court has jurisdiction, in whose district the home port or the port within the territorial scope of this Act is, the ship reached first after the fact.
(2) paragraph 1 shall apply accordingly for air vehicles, which are entitled to lead the State affiliation character of the Federal Republic of Germany.

Article 10a a jurisdiction is not justified for an offence committed outside the scope of this law in the area of the sea, Hamburg is place of jurisdiction; competent court is the District Court of Hamburg.

§ 11 (1) German, who enjoy the right of extraterritoriality, as well as the officials of the Federation or a German land hired from abroad retain the residence they had in the country in terms of jurisdiction. If they did not have such a residence, the seat of the Federal Government is regarded as their residence.
(2) on election consuls are these rules do not apply.

section 11a will commit an offence outside the scope of this Act by soldiers or soldiers in special foreign use (article 62 paragraph 1 of the law of the soldier), so is the place of jurisdiction in the Court for the city of Kempten.

§ 12 (1) at several courts jurisdiction under the provisions of §§ 7-11a and 13a to the preferred, which has first opened the investigation.
(2) however the investigation and decision can be transferred another of the competent courts by the community of the upper court.

Article 13 (1) for related criminal matters, which would include individually according to the requirements of sections 7 to 11, to the jurisdiction of different courts, is a place of jurisdiction for any court which is responsible for one of the criminal cases.
(2) are multiple related criminal matters in different courts pending have been made, so they can be connected all or in part through an agreement of this dishes at one of them corresponding to the requests of the public prosecutor's Office. Such an agreement is not concluded, shall decide if the public prosecutor or an offender then carries the community upper court, whether and in what court the connection to enter has.
(3) in the same way, the connection can be lifted again.

§ 13a lacking within the scope of this federal law in a Court of competent jurisdiction or is not detected, the Federal Supreme Court determined the competent court.

§ 14 is the Court which has to undergo the examination and decision between several courts dispute about the jurisdiction, so the community upper court determines.

§ 15 is legally or actually prevents itself jurisdiction in a single case in the exercise of the Office of judge or to get a threat to public safety by the proceedings before this Court, so the first upper court to transfer the investigation and decision the same Court of a different district.

§ 16 the Court examines its territorial jurisdiction until the main proceedings officio. Then it may pronounce its competence only on the objection of the defendant. The defendant may assert the objection only until the beginning of his interrogation to the point in the main proceedings.

§§ 17 and 18 (dropped out) § 19 have several dishes, of which one is responsible, through decisions that are no longer disputable, pronounced their competence, so the Community High Court referred to the competent court.

Article 20 the investigation actions of incompetent by a court are invalid does not have this competence due to.

§ 21 a competent court has to undergo investigation actions to be made within his district, where the imminent danger is.
Third section a judge is excluded from the exercise of the Office of judge law exclusion and objection the Court persons article 22, 1 when he injured himself by the offence;
2. If he is spouse, life partner, guardian or supervisor of the accused or the victim or has been;
3. If he is related to or related by marriage, related in collateral line up to the third degree, or related by marriage to the second degree with the accused or the injured person in a straight line or was;
4. when he worked as an official of the public prosecutor, police officer, lawyer of the injured or as a defender in the;
5. If he is heard on the merits as a witness or expert.

Section 23 (1) a judge who has participated in a decision contested by an appeal, is excluded from the participation in the decision in a higher instance by operation of law.
(2) a judge who has participated in a decision contested by an application for reopening of the case, is excluded from participation in decision-making in the retrial law. Did the decision in a higher instance, so also the judge is excluded, which has participated in the underlying decision at a lower instance. Sentences 1 and 2 shall apply mutatis mutandis for the participation in decisions about preparing a recovery procedure.

Section 24 (1) a judge may be refused in cases where he is excluded from the exercise of the Office of judge by operation of law, as well as the partiality.
(2) due to the partiality, the rejection occurs if there is a reason which is such as to justify distrust the impartiality of a judge.
(3) the right of refusal is to the public prosecutor's Office, the Prosecutor and the accused. The Court people appointed to participate in the decision are the persons entitled to reject request designated to make.

Section 25 (1) until the beginning of the interrogation of the first accused about his personal circumstances, in the hearing of the appeal or the revision to the beginning of the presentation of the rapporteur, the rejection of a discerning judge of partiality is allowed. All grounds for refusal must be provided at the same time.
(2) after this time a judge may only be rejected if the circumstances on which the refusal is based, later entered 1 or later become known the person entitled to reject and 2. the rejection immediately claim is made.
After the last word of the defendant, the rejection is no longer allowed.
Footnote (+++ § 25: to apply to main negotiations which have begun before April 1, 1987 cf. § 25 para 1 sentence 1 in the version applicable up to 31 March 1987 (article 12 para 2 of the Criminal Procedure Amendment Act 1987 by January 27, 1987 - Gazette I p. 475) +++) section 26 (1) is the application of rejection of with the Court, the judge is to install; It can be explained from the Secretariat to the Protocol. section 257a does not apply.
(2) the reason of rejection of and in the cases of § 25 paragraph 2 the requirements of timely submissions to make. The oath is excluded as a means of Glaubhaftmachung. To the Glaubhaftmachung can reference be made to the certificate of the judge rejected.
(3) the rejected judge has official to comment on the reason for rejection.

Section 26a (1) rejects the Court rejection of a judge as inadmissible, if 1 the rejection is delayed, 2. a reason to reject or a means of Glaubhaftmachung not specified is or should be 3 by the rejection obviously the procedure only deported or only process external purpose.
(2) the Court decides on the warp referred to in paragraph 1, without having the rejected judge retires. In the case of paragraph 1 No. 3 it requires a unanimous decision and an indication of the circumstances which result in the fault reason. A Commissioner or a requested judge, a judge in the preparatory proceedings or a criminal is rejected, so he himself decides whether the rejection as inadmissible is to discard.

Section 27 (1) will the rejection as inadmissible discarded, the Court, which belongs to the rejected, without whose participation shall decide on the refusal request.
(2) a judicial member of the discerning Criminal Court rejected the Criminal Division in the occupation prescribed for decisions outside the main hearing will decide.
(3) a judge at the District Court is rejected, another judge of that court shall decide. A decision there is no need, if the rejected holds the request of rejection of to be well-founded.
(4) if the Court convened to decide through elimination of rejected Member incapable of decision the first High Court shall decide.

Section 28 (1) of the decision declaring the refusal to be well-founded, is not subject to appeal.
(2) against the decision by which the rejection as inadmissible is discarded, or rejected as unfounded, immediate appeal is allowed. The decision concerns a discerning judges, so she may be challenged only with the judgment.

Section 29 (1) a rejected judge has before completion of the rejected application to perform only such acts which allow no postponement.
(2) If a judge is rejected during the main hearing and the decision on the opposition (sections 26a, 27) would require a break in the trial so they can continue so long, until a decision on the refusal without delay the main hearing is possible; rejection is to decide no later than the beginning of the next trial day and always before the final talks. Explains the rejection to be well-founded and must the trial not be exposed, her lying after the installation of the application of of rejection of part is to repeat; This does not apply to such acts, which allow no postponement. After installation of the application of of rejection of, which can be outside of the main hearing may decisions only with the participation of the rejected, if they allow no delay.

Section 30 that Court has to perform a rejected application to decide if such request is not appropriate, a judge but does display a relationship that could justify its rejection, or if doubts about other initiative, whether a judge law is excluded.

Article 31 (1) the provisions of this section apply for aldermen, clerk of the Court and other than pedophiles drawn to persons.
(2) the decision of the Chairman. The large criminal division and the jury decide the judicial members. The clerk is given to a judge that decides on the rejection or exclusion.

§ 32 (dropped out) fourth section judicial decisions and communication between the involved section 33 (1) a decision of the Court, which was made in the course of a trial, after hearing the parties issued.
(2) a decision of the Court, which was made outside a trial, will be adopted after written or oral explanation of the public prosecutor's Office.
(3) in the case of a decision referred to in paragraph 2, another is involved to hear before to his detriment facts or proof of results, which it still not has been heard, will be recovered.
(4) in the case of arrangement of pre-trial detention, seizure, or other measures, paragraph 3 is not to apply if the previous hearing would jeopardize the purpose of the arrangement. Rules governing the consultation of stakeholders especially, are not affected by paragraph 3.

§ 33a no complaint and no other remedy has against the decision the Court in a decision the claim of one of the parties to be heard in decision way injured and stands him, put's the procedure in that location back, was that before the adoption of the decision by decision unless the party this is still adversely affected, on its own initiative or at the request of extent. Article 47 shall apply mutatis mutandis.

§ 34 that actionable decisions and that, through which a proposal is rejected, are by an appeal to reasons.

a decision causes after a timely appeal immediately the legal force of the decision section 34a, so the force is regarded as occurred at the end of the day of the decision making.

Section 35 (1) decisions taken in the presence of the person concerned, be her by proclamation made known. On request, a copy is your grant.
(2) other decisions are made known through delivery. No period in running is used by the notification of the decision, an informal message is sufficient.
(3) the delivered document request to read is the currently not on the loose.

section 35a in the notice of a decision which can be challenged by a limited right of appeal, is the person concerned about the possibilities of appeal against and the deadlines for this prescribed forms to teach. Appeal is permitted against a decision the defendant through the legal consequences of article 40, paragraph 3, and of sections 329 is so to instruct 330. The person concerned also is is an understanding (§ 257 c) preceded by a ruling, to teach that he is free in any case in his decision to file an appeal.

The presiding officer at the notification of the decision article 36 (1). The Office ensures that the service is effected.
(2) decisions, which require enforcement, are to pass the public prosecutor's Office who will arrange the necessary. This does not apply to decisions concerning the order in the sessions.

Section 37 (1) for the procedure for delivery the provisions of civil procedure shall apply mutatis mutandis.
(2) delivery for a party to several beneficiaries will cause the calculation of a period after the last effected delivery addresses.
(3) article 187 paragraph 1 and 2 a process in accordance with to provide a translation of the judgment, the Court Constitution Act, the judgment together with the translation is to deliver. Delivery to the other stakeholders took place in these cases the notification pursuant to sentence 1.

Section 38 persons involved in criminal proceedings, the authority is enclosed, directly to invite witnesses and experts, have to instruct the bailiff with the delivery of the cargo.

§ 39 (dropped out) section 40 (1) a service on a defendant a summons to main proceedings was still not delivered the not be effected in the manner prescribed in the domestic and appears unworkable, or expected to be unsuccessful following the rules for deliveries abroad, so the public service is permitted. Delivery is considered to have been effected if two weeks have passed since the posting of the notice.
(2) the summons to the hearing was already delivered to the defendant, then public notification on him is permitted if she can be not effected in the manner prescribed in the domestic.
(3) public notification if delivery does not see an address is possible, has been placed under the last is already allowed in the proceedings on an appeal submitted by the defendant, or the defendant has recently stated that.

Section 41 notifications to the public prosecutor's Office carried out presentation of the original of the document to be served. If the running of a period begins with the delivery, is the day of the presentation by the prosecution on the original note.

section 41a (1) to the oriented explanations, requests, or whose grounds which are expressly to draft or sign according to this law court or the public prosecutor's Office may as electronic document be filed if this with a qualified electronic signature according to the signature law is equipped and suitable for the machining by the Court or the public prosecutor's Office. Under the Ordinance referred to in paragraph 2 also another secure method can be approved in addition to the qualified electronic signature, which ensures the authenticity and the integrity of the transmitted electronic document. An electronic document is entered as soon as the device intended for the reception of the Court or the public prosecutor's Office has recorded it. A transmitted electronic document processing is not suitable, this is the sender, indicating the current technical conditions must be notified immediately. From the electronic document, a file expression to make is immediately.
(2) the Federal Government and the State governments determine the date from which on electronic documents to the courts and public prosecutor's Office may be submitted, and the form appropriate for the processing of the documents for their area by a regulation. The State Governments can confer Ordinance on the land justice administrative authorities the empowerment. The approval of the electronic form can be limited to individual courts or public prosecutor's offices or procedures.
Fifth section deadlines and restitutio in integrum article 42 when calculating a time limit, which is determined in days, is not counting the day, the time or the event falls on the beginning of the period will vary according to the.

§ 43 (1) a period which is determined after weeks or months, expires at the end of the day of the last week or last month, which corresponds to the day by his name or number, in which the period began; This tag is missing in the last month, the period ends with the expiry of the last day of this month.
(2) is the end of a period of time on a Sunday or a general holiday or a Saturday, so the deadline at the end of the next business day.

Section 44 was someone without fault prevented to comply with a time limit, to grant him restitutio in integrum request. The failure to meet of a legal deadline is regarded as fault, if the instruction is there have been no after the section 35a, sentence 1 and 2, article 319, paragraph 2, sentence 3 or § 346 para 2 sentence 3.

Article 45 (1) which is to provide, where the deadline to exercise would have been within one week after removal of the obstacle to the court application for restitutio in integrum. The deadline, it is sufficient if in due time shall be at the Court, which decides on the request.
(2) the facts in support of the application are in the application or in the proceedings on the request to make. The application deadline is the omitted Act to catch up. This is done, reinstatement without request may be granted.

Section 46 (1) on the application decides the Court, which would have been even called for timely action to the decision in the case.
(2) the decision be held the application is subject to any appeal.
(3) against the decision discard the request for immediate appeal is allowed.

Article 47 (1) the application for restitutio in integrum is not hampered the enforcement of a judicial decision.
(2) However, the Court may order a stay of execution.
(3) the reinstatement breaks through the legal force of a judicial decision, again effective detention and accommodation commands, as well as other arrangements that have existed at the time of the occurrence of the force of law. At a detention or lodging command the Court grant the reinstatement ordered its abolition if arises easily, that its criteria no longer exist. Otherwise, the Court according to article 126 par. 2 has immediately carry out a detention.
Sixth section witnesses section 48 (1) witnesses are required to appear on the date for their hearing before the judge. You have a duty to testify, if there is no exception that is allowed in the law.
(2) the charge of witnesses happens with reference to procedural provisions which serve the interests of the witness, on existing ways of witness care and on the legal consequences of the failure of.

Section 49 which is Federal President to hear in his apartment. He will not load to the main hearing. The Protocol on his judicial hearing is to read at the trial.

Section 50 (1) which are members of the Bundestag, the Federal Council, a diet or a second Chamber to hear during their stay at the headquarters of the Assembly there.
(2) the members of the Federal Government or a provincial Government Office headquarters or, if you reside outside of official residence, are to hear her whereabouts.
(3) to a deviation from the foregoing provisions needed for the members of any body of the approval of this body, for the members of the Federal Government, the approval of the Federal Government, for the members referred to in paragraph 1 a the approval of the provincial government.
(4) the members of the organs of the legislation referred to in paragraph 1 and the members of the Federal Government or a State Government, not be loaded if they are been heard outside of the main hearing, to this. The Protocol on their judicial questioning is to read at the trial.

Article 51 (1) a properly loaded witness who does not appear, the costs caused by the absence of imposed. At the same time, a fine is against him and Ordnungshaft set in the event that this does not can be recovered. Also, the compulsory screening of witnesses is permitted; Article 135 shall apply mutatis mutandis. In the event of repeated absence of the Feuerbach can be fixed again.
(2) the imposition of costs and the establishment of a means of order be avoided, if the absence of the witness is excused in time enough. The excuse pursuant to sentence 1 is done not on time, so the imposition of costs and the establishment of a means of order is omitted unless is made credible that no fault the witnesses on the delay of the apology. Is the witness subsequently enough excuse, the reached arrangements under the conditions of the sentence 2 shall be repealed.
(3) the power to these measures is also a judge in the pre-litigation procedure, as well as the contracted and requested judge.

Article 52 (1) the refusal of the certificate the fiancee of the accused or the person with the accused, entered into a promise to establish a life partnership; may 1.
2. the spouse of the accused, even if the marriage no longer exists;
2A. the spouse of the accused, even if the partnership no longer exists;
3. who is related to or related by marriage, related in collateral line up to the third degree, or related by marriage to the second degree with the accused in a straight line or was.
(2) minors due to lack of maturity of mind or minors or supervised due to a mental illness or mental or psychological handicap of the importance of the journalists have no sufficient notion, so it may be heard only, if they are willing to testify, and also its legal representative of questioning agrees. Is the legal representative of even suspect, so he can decide on the exercise of the journalists; the same applies to the accused not parent if both parents are entitled to legal representation.
(3) that are authorized persons in the cases of paragraph 2 also their representatives and authorized to decide on the exercise of the journalists, to the refusal of the certificate prior to any questioning of their right to teach. You can revoke the waiver of this right during the interrogation.

Section 53 (1) the refusal of the certificate are furthermore entitled 1 priest about what is entrusted to them in their capacity as chaplains or become known;
2. defender of the accused on that which is entrusted to them in this property or become known;
3. attorneys at law, patent attorneys, notaries, auditors, sworn auditors, tax advisors and tax agents, doctors, dentists, psychological psychotherapists, other members of a Chamber of lawyers are just children and youth psychotherapists, pharmacists and midwives about what is entrusted to them in this property or become known, lawyers;
3A. members or officers of a recognized consulting authority according to the articles 3 and 8 of the pregnancy conflict Act about what has been entrusted to them in this property or become known;
has consultant for matters of Narcotic addiction in an outpatient clinic, the an or a corporation, institution or Foundation under public law recognised 3B. or set up with him about what has been entrusted to them in this property or become known;
4. members of the German Bundestag, the Federal Assembly, Parliament of the Federal Republic of Germany or a Parliament of people the them in their capacity as members of such bodies or which they facts have entrusted in this property, and on these facts.
5. persons who professionally work with film reports or the serving information or opinion information and communication services in the preparation, manufacture, or distribution of printing works, broadcasts, or have participated.
That in sentence 1 No. 5 persons referred may refuse the testimony about the person of the author or sender of articles and documents or of any other informants and the messages made them in regard to their activities, whose content and the content of itself acquired materials and the subject of professional perceptions. This applies only insofar as to posts, documents, messages and materials for the editorial section or editorially prepared information and communication services.
(2) that in paragraph 1 sentence 1 No. 2 to 3b mentioned the testimony may refuse, if they are released from the obligation to maintain secrecy. Permission to the denial of the certificate which in paragraph 1 set 1 No. of perceptions corresponding to 5 above about the content of itself acquired materials and the subject matter is eliminated, if the statement is to contribute to the investigation of a crime, or if a subject of the investigation 1. offence of peace treason and endangering the democratic rule of law or of treason and endangering external security (sections 80a, 85 , 87, 88, 95, also in conjunction with § 97 b, § 97a, 98-100a of the Criminal Code), is 2. an offence against sexual self-determination after the articles 174 to 176, 179 of the Penal Code or 3. money laundering, a concealment of unlawfully obtained assets according to § 261 para 1 to 4 of the Penal Code and the investigation of the facts of the case or the determination of the place of residence of the accused otherwise would be impossible or substantially more difficult. The witness can but also in these cases that deny statement, as far as to the revelation of the person of the author or sender of articles and documents or of any other informants or of him in terms of his referred to in paragraph 1 sentence 1 No. 5 made messages or their content would lead.
Footnote 218 b para 2 No. 1 Penal Code § standing recognised consultancy bodies after the recognized advisory bodies according to § 3 of the G on the education, prevention, family planning and counselling right gem. BVerfGE v. 4.8.1992 I 1585-2 BvQ 16/92, etc.;

§ 53a (1) the in section 53, paragraph 1, sentence 1 No. 1 to 4 the people and their servants are referred to, the preparation for the profession of professional activity participate in. On the exercise of the right of these assistants, to deny the testimony, you decide No. 1 to 4 above in section 53, paragraph 1, sentence 1 except that this decision can not be achieved any time soon.
(2) the delivery by the obligation to maintain secrecy (§ 53 para 2 sentence 1) also applies to the assistants.

The special bibliographical rules article 54 (1) for the hearing of judges, officials and other persons in the public service as a witness about circumstances, their obligation to maintain official secrecy refers to, and approval to the statement.
(2) for the members of the Bundestag, a State Parliament, the federal or a provincial government, as well as for the employees of a faction of the Bundestag and a diet apply the special rules governing it.
(3) the President may refuse the testimony if the taking of the testimony would give the benefit of the Federation or a German land disadvantages.
(4) these rules apply even if the above-mentioned persons are no longer in the public service or employees a group or their mandates have been completed, insofar as it is facts that occurred during their service, employment or term or reach them during their service, employment or term note.

Article 55 (1) each witness can refuse the information on such questions whose answering persecuted himself or one who would draw the danger nationals referred to in article 52, paragraph 1, for a crime or a misdemeanor to be.
(2) the witness is to teach about his right to refuse the information.

56. the fact that the witness supports the refusal of the testimony in the cases of articles 52, 53 and 55, is credibly to make. It is sufficient the affidavit insurance of the witness.

§ 57 before of the interrogation be admonished the witnesses to the truth and informed about the criminal consequences of an incorrect or incomplete statement. You will be advised on the possibility of swearing. In the case of the inauguration, they are about the importance of the oath, and to instruct that the oath with or without religious affirmation can be done.

section 58 
(1) the witness can be heard individually, and in the absence of witnesses to be heard later.
(2) a comparison with other witnesses or the defendant in the proceedings is allowed if it is for the rest of the procedure.

section 58a (1) the hearing of a witness can be recorded on image sound carriers. She should are recorded of this relevant circumstances and as a judicial hearing occur when 1 so that the legitimate interests of persons under 18 years of age and can be better preserved by people who have been injured by one of the offences referred to in section 255a paragraph 2 as children or teenagers, or 2 to get is that the witness at the trial may not be heard and the recording to the research of the truth is required.
(2) the use of the image-sound-recording is only for law enforcement purposes and is only to the extent permitted, as this to explore the truth requires. § 101 paragraph 8 shall apply mutatis mutandis. The sections 147, 406e are apply mutatis mutandis, with the proviso that the copies of the recording entitled to the inspection of files can be left. The copies may not be duplicated or passed on. They are to release to the public prosecutor as soon as no legitimate interest in further use. Transfer the recording or the publication of copies to other than the aforementioned make requires the consent of the witness.
(3) the witness of provided a copy of the recording of his interrogation is contrary to under paragraph 2 sentence 3, so providing a transfer of record in a written record of those entitled to the inspection occurs in their place in accordance with §§ 147, 406e. Who manufactured the transmission, provides its own signature with the addition that the accuracy is confirmed the transfer. The right to visit the record in accordance with §§ 147, 406e remains unaffected. The witness is pointing to his right of objection pursuant to sentence 1.

section 58 b which can questioning a witness outside the main hearing in the manner that it resides in a different location than the interviewing person and is at the same time transferred the interrogation in image and sound in the place where the witness resides, and in the interrogation room be.

Section 59 (1) witnesses be sworn in only if it considers in its sole discretion the Court because of the crucial importance of the statement or to bring about a true statement necessary. The reason is that the witness is sworn in, the log does not need to be specified, unless the witness heard outside of the main hearing.
(2) the swearing-in of witnesses is carried out individually and according to their interrogation. Unless otherwise provided, it takes place in the main hearing.

Section 60 of the swearing is to see 1 persons, still not have reached age 18 at the time of the hearing, or who have no sufficient notion due to lack of maturity of mind or a mental illness or a mental or emotional disability of the essence and the meaning of the oath;
2 in individuals, that fact, which forms the subject of the investigation, or the participation in it or encourage, penalty thwarting or handling stolen goods are suspicious or therefore already doomed.

§ 61 in article 52, paragraph 1 referred to relatives of the accused have the right to refuse the swearing of the certificate; Furthermore, they are to teach.

Article 62 in the preparatory proceedings is allowed when danger in delay is 1 or 2 the witness will probably be prevented at the show in the main hearing and the provisions of article 59, paragraph 1 the swearing-in ceremony.

Section 63 is a witness by a contracted or requested judge heard swearing must be, unless she is allowed, if it is required on behalf of or at the request of the Court.

Article 64 (1) oaths with religious asseveration is done in such a way that the judge of the witness is the words: "You swear by Allah the Almighty and all-knowing, that you have said the only truth to the best of our knowledge and concealed nothing" and the witness then speaks the words: "I swear, so help me God".
(2) the oath without religious asseveration is done in such a way that the judge of the witness is the words: "You swear that you have said the only truth to the best of our knowledge and concealed nothing" and the witness then speaks the words: "I swear".
(3) a witness indicates that he would use a protestation formula of this community as members of a religious or confessional community, so he can add them the oath.
(4) the swearing to raise the right hand when taking the oath.

Section 65 (1) a witness indicates that he wants take no oath of faith or conscience, so he has the truth of the statement to reaffirm. The affirmation is equivalent to the oath; This is the witness to point out.
(2) the truth of the statement is confirmed in the manner that the judge of the witness is the words: "You affirm in the consciousness of your responsibility in court, that you have said the only truth to the best of our knowledge and concealed nothing" and the witness then speaks: "Yes".
(3) § 64 para 3 shall apply accordingly.

Section 66 (1) one hearing or speech impaired person shall take an oath to their choice by means of speaking to the oath, by writing off and signing the oath or hire a person allowing the understanding, by the Court is. The Court has to provide the appropriate technical equipment. The hearing impaired or speech impaired person is pointing to their right to vote.
(2) the Court may require a written oath or arrange the involvement of a person allowing the understanding, if the hearing or speech impaired person has not made use of their voting rights referred to in paragraph 1 or an oath in the form chosen pursuant to paragraph 1 does not or only at disproportionate time and effort is possible.
(3) sections 64 and 65 shall apply mutatis mutandis.

Section 67 is the witness after he's been on honour heard in same preliminary proceedings or heard again in the same trial, so the judge rather than the repeated swearing assure the accuracy of his statement, citing the previously rendered oath the witness can.

Article 68 (1) begins the questioning that is questioned the witness about the given name, surname, maiden name, age, occupation and place of residence. A witness who has made perceptions in official capacity, can specify the location instead of the place of residence.
(2) a witness will also be allowed to indicate his business or place of employment, or a different summonable address instead of the place of residence if a there are reasonable grounds for concern that legal interests of witnesses or any other person is endangered by the indication of the place of residence or that witness or another person unfair advantage will be influenced. In the main hearing, the Chairman should allow the witnesses in the conditions of sentence 1 do not specify its location.
(3) there is a there are reasonable grounds for concern that by revealing the identity or residence or place of stay of the witness of life, body or freedom of the witness or other person is endangered, so can be allowed him to provide information to the person not, or only a former identity. He has however the main hearing on request to specify in what capacity the facts which it expresses are known him.
(4) evidence, that there are the conditions of paragraphs 2 or 3, is the witness to the specified powers to point out. The witness will be supported in the case of paragraph 2 in the naming of a cargo enabled address. The documents, which ensure the determination of the place of residence or the identity of the witnesses, are deposited with the public prosecutor's Office. To the files, they are only to take, if the concern is the danger.
(5) the provisions of paragraphs 2 to 4 shall apply also after completion of the examination. As far as provided the witnesses not to give data, is information from and inspections in files to make sure that these data others not known are, except that a threat within the meaning of paragraphs 2 and 3 appears to be excluded.

§ 68a (1) ask for facts that can redound to the dishonour of the witness or a person who is its national in the sense of § 52 para 1, or their personal sphere concern, should be made only if it is essential.
(2) questions must be according to circumstances affecting the credibility of the witnesses in the present case, especially after his relations with the accused or the injured person, insofar as this is necessary. The witness should be asked after criminal history if its finding is necessary to decide the existence of conditions of § 60 No. 2 or to assess its credibility.

paragraph 68b (1) witnesses can operate to a legal adviser. The presence of a legal counsel appearing for questioning of witnesses is permitted. He can be excluded from the hearing, if certain facts justify the assumption that his presence would not only marginally affect the overall evidence. This will be generally the case when due to certain facts to accept is that 1.
the assistance fact under investigation or one with her in the context is involved in upcoming favoring, penalty thwarting or receiving stolen property, 2 is influenced behavior of as a result of the witness statement, that the assistance appears committed not only the interests of the witness, or 3. the assistance number 3 uses the evidence obtained at the hearing for blackout acts within the meaning of article 112, paragraph 2 or propagates in a manner that endangers the purpose of the investigation.
(2) one is for the duration of a witness who has no legal counsel during his questioning and whose legitimate interests may be worn, not on other account to assign, if special circumstances exist, from those results, that the witness may not even perceive his powers in his interrogation. Article 142, paragraph 1 shall apply mutatis mutandis.
(3) decisions pursuant to paragraph 1 sentence 3 and paragraph 2 sentence 1 are unassailable. Their reasons are on record to make, as far as not to jeopardise the purpose of the investigation.

Section 69 (1) the witness is to induce, to specify what is known to him from the subject of his interrogation in the context. Before his interrogation, the subject of the investigation and the person of the accused is the witness, if one exists, to call.
(2) to the enlightenment and to complete the statement, as well as to the study of reason, based on the knowledge of the witness, if necessary questions to ask are. Witnesses who are injured by the offence, is in particular opportunity, to comment on the impact that had the Act on them.
(3) the provisions of § 136a also applies for the hearing of the witness.

Section 70 (1) is the testimony or refused the oath without any legal reason, that the costs caused by the refusal are imposed upon the witness. At the same time, a fine is against him and Ordnungshaft set in the event that this does not can be recovered.
(2) also the detention can be, not arranged to the enforcement of the testimony but about the time of the termination of the proceedings at the instance, not over a period of six months beyond.
(3) the power to these measures is also a judge in the pre-litigation procedure, as well as the contracted and requested judge.
(4) the measures are exhausted, so they can not be repeated in the same or in another case, which has same fact to the subject.

Section 71 of the witness will be reimbursed according to the rates and Compensation Act.
Seventh section is the sixth section on witnesses expert and judicial inspection § 72 on experts apply mutatis mutandis unless deviating regulations are met in the following paragraphs.

Article 73 (1) the selection of to be experts and determining their number is carried out by the judge. He should meet with this arrangement, within which period the opinion will be reimbursed.
(2) experts are for certain types of opinions publicly ordered, so others should be selected only if special circumstances require it.

Section 74 (1) an expert may be refused for the same reasons which entitle to the rejection of a judge. A reason for rejection can be removed but not from this that the expert witness is been heard.
(2) the right of refusal is to the public prosecutor's Office, the Prosecutor and the accused. The appointed experts are to make their legitimate, if not special circumstances stand in the way of the rejection.
(3) the reason for rejection is to be credible; the oath is excluded as a means of Glaubhaftmachung.

Section 75 (1) appointed to the expert has to follow the appointment if he is publicly ordered to render opinions of the required kind or if he publicly exercise the science, the art and the industry, knowledge of which is a prerequisite of the review, to purchase, or if it is publicly ordered or authorized for their exercise.
(2) the reimbursement of the opinion also is obliged to, which, agreed in court.

Section 76 (1) same reasons which entitle a witness to refuse testimony, authorize an expert to the refusal of the opinion. For other reasons, an expert opinion can be relieved of the obligation to refund.
(2) the special bibliographical rules for the hearing of judges, officials and other persons in the public service as an expert. The governing them special provisions apply to the members of the federal or a provincial government.

Section 77 (1) in case of no show or the refusal of an expert for the reimbursement of the opinion is imposed that the costs caused by this. At the same time, a fine is set against him. In case of repeated disobedience, the fine can be set once again in addition to the imposition of costs.
(2) an expert enlisted to the reimbursement of the opinion, refuses to discuss an appropriate period according to § 73 para 1 sentence 2, or he misses the agreed deadline, so a fine can be set against him. A threat under a grace period must precede the fixing of the fine money. In the event of repeated failure of the period, you can set the fine once again.

Section 78 of the judges has, as far as this seems necessary to conduct the activities of the experts.

The expert can section 79 (1) according to the discretion of the Court are sworn in.
(2) the oath is payable after reimbursement of the opinion; He is that the expert impartially and in good faith and conscience have refunded the opinion.
(3) the expert for the reimbursement of opinion of the kind concerned is usually sworn in, citing the oath provided is sufficient.

Section 80 (1) can be procured on his request for the preparation of the opinion the expert through questioning of witnesses or the accused more enlightenment.
(2) for the same purpose, may be allowed him to inspect the files, to attend the interrogation of witnesses or the accused person and ask questions directly to them.

§ 80a is likely that placing the accused in a psychiatric hospital, a detox facility, or in the backup storage is to be arranged, so to the preparation of the opinion to be reimbursed at the trial will be given the opportunity in the pre-litigation procedure an expert.

Article 81 (1) to prepare an opinion on the mental state of the accused can the court order after consulting an expert and defender, that the accused in a public psychiatric hospital will be brought and there observed.
(2) the Court meets the arrangement referred to in paragraph 1 only if the accused of indeed is strongly suspected. The Court can make this arrangement, when it is the thing and to expected punishment or measure of improvement and assurance out of proportion to the importance.
(3) in the preliminary proceedings, decides the Court that would be competent for the main proceedings.
(4) immediate appeal is allowed against the decision. It has suspensive effect.
(5) the accommodation in a psychiatric hospital referred to in paragraph 1 may not exceed the duration of a total of six weeks.

section 81a (1) a physical examination of the accused may be arranged finding of facts, which are for the procedure of importance. For this purpose, the takings of blood samples and other physical interventions which are carried out by a physician according to the rules of medical art for study purposes, are permitted without the consent of the accused, if no disadvantage to fear for his health.
(2) the order shall be entitled to the judges, in their discovery people (§ 152 of the courts Act) and danger of examination success due to delay of the public prosecutor's Office.
(3) the defendant extracted from blood samples or other body cells are allowed only for purposes of sampling used underlying or of other pending criminal proceedings; they immediately be destroyed as soon as they are no longer required for this purpose.

§ insofar as it is necessary for the purpose of conducting criminal proceedings or for the purposes of the detection service, may 81 b photographs and recorded fingerprints of the accused even against his wishes and made measurements and similar measures on him.

section 81c (1) persons other than the accused may, if they come as witnesses into consideration, only tested without their consent, as far as to research the truth must be determined, whether her body a certain track or result of a crime is.
(2) in the case of persons other than the accused are studies on the establishment of paternity and the collection of blood samples without consent of the allowed to be, if not a disadvantage is essential for his health to worry about and the action for the investigation of the truth. The investigation and the collection of blood samples may be made only by a physician.
(3) investigations or withdrawals of blood samples can be denied for the same reasons as the witness. Minors due to lack of maturity of mind or minors or supervised due to a mental illness or mental or emotional disabilities of the significance of their right of refusal have no sufficient notion so decides the legal representative; § 52 para 2 sentence 2 and paragraph 3 shall apply mutatis mutandis. Is the legal representative of the decision (§ 52 para 2 sentence 2) excluded or prevented a timely decision for other reasons and the immediate investigation or taking blood samples of evidence is deemed necessary, so these measures are permitted only on special order of the Court and, if this is not available, the public prosecutor's Office. The decision to associate the action is final. The evidence collected pursuant to sentence 3 may be used in the proceeding only with the consent of the legal representative, authorized.
(4) measures pursuant to paragraphs 1 and 2 are not allowed, if they can be expected to the person concerned in all circumstances.
(5) the order may refer to the Court when their discovery people (§ 152 of the courts Act) and danger of examination success due to delay of the public prosecutor's Office; Paragraph 3 sentence 3 shall remain unaffected. section 81a para 3 shall apply mutatis mutandis.
(6) in the case of refusal of the person concerned, the provision of section 70 shall apply mutatis mutandis. Direct coercion may be applied only on the special order of the judge. The arrangement requires that insists the victim despite setting an order fee for refusal or that is dangerous in arrears.

§ 81d (1) may violate the physical examination the sense of shame so it is made by a person of the same sex or of a doctor or a doctor. If you are legitimately interested wishing to transfer the investigation a person or a particular sex doctor, should be met. A person of trust is to be approved at the request of the person concerned. The person concerned is to point out the provisions of in sentences 2 and 3.
(2) this rule applies even if the person concerned agrees to the investigation.

section 81 (1) of the material gained from measures under section 81a, paragraph 1 also molecular genetic examinations may be carried as far as it comes to determining the ancestry or the fact, whether found on trace materials from the accused or the injured, are required; Here, the sex of the person may be implemented. Investigations are also allowed for relevant findings on the material gained from measures under section 81 c pursuant to sentence 1. Findings other than the facts referred to in sentence 1 may not be carried out; Investigations on this style are not permitted.
(2) examinations permitted referred to in paragraph 1 may be carried out on traces of material found on, the sure or seized. Paragraph 1, first half-sentence apply sentence 3 and section 81a para 3.

section 81f (1) investigations may be arranged according to article 81, paragraph 1 without the written consent of the person concerned only by the Court, at the imminent danger by the public prosecutor's Office and their investigation persons (§ 152 of the courts Act). The consent a person is to instruct the data to be collected are used for what purpose.
(2) the examination after section 81e are to hire experts who publicly ordered or required under the law of obligation or are officials who do not belong to the leading investigation authority in the written arrangement or an organizational unit belonging to this authority, which is organizationally and materially separate from the leading discovery services. They have technical and organisational measures to ensure that invalid molecular genetic examinations and unauthorized inspection third party are excluded. The examination material without notice of the name, the address and the birth day and month of the person concerned to pass is the expert. The expert is a non-public place is section 38 of the Federal data protection law with the proviso that the supervisory authority also supervised the execution of the data protection regulations, if you possess no sufficient evidence of a violation of these rules and the expert automatically processes the personal data in files.

Article 81 is g (1) the accused of an offence of major importance or an offence against sexual self-determination suspiciously, may cells taken from him to the identification in future criminal proceedings and examined genetic finding the DNA identification pattern as well as the sex, if due to the type or version of the Act, is the personality of the accused or any other findings of reason to believe that future criminal proceedings for an offence of major importance are against him. The repeated Commission of other offences may be just the wrongfulness of a crime of considerable importance.
(2) the extracted body cells may be used only for the molecular genetic investigation referred to in paragraph 1; they immediately be destroyed as soon as they are no longer required for this purpose. Examination findings other than those that are required to identify of the DNA identification pattern and sex taken must not; Investigations on this style are not permitted.
(3) the removal of the body cells may be arranged without the written consent of the suspect only by the Court, at the imminent danger by the public prosecutor's Office and their investigation persons (§ 152 of the courts Act). The molecular genetic investigation of the body cells may be arranged without the written consent of the suspect only by the Court. The consent a person is to instruct the data to be collected are used for what purpose. section 81f, paragraph 2 shall apply mutatis mutandis. In the written reasons of the Court are individual cases related to demonstrate 1 that the findings on the basis of which there is reason to believe that against the accused in future criminal proceedings to be for the assessment of the facts be determined relevance of crime 2., and 3. the consideration of the relevant circumstances.
(4) paragraphs 1 to 3 shall apply mutatis mutandis when the person concerned finally convicted for the offence or only 1 proven or not to exclude debt inability, 2nd on mental illness not convicted based inability to negotiate or 3. missing or not to exclude missing responsibility (section 3 of the Juvenile Court Act) and the corresponding entry in the Federal Register or education register is not yet extinguished.
(5) the information collected may be stored at the Federal Criminal Police Office and used in accordance with the laws of the Federal Criminal Police Office. The same applies to the data collected under article 81, paragraph 1 an accused person 1 under the conditions referred to in paragraph 1 and 2 for the data collected under section 81 subsection 2.
The data may be transferred only for the purposes of criminal proceedings, security and the international legal assistance for this purpose. In the case of theorem 2 No. 1 is the accused immediately from the storage to notify and to point out that he can apply for the judicial decision.

§ 81 h (1) whether certain facts may suspect that a crime against life, limb, personal freedom or sexual self-determination has been committed, people, certain, on the offender meet probably true testing features with their written consent 1. cells removed, this to determine the DNA identification pattern and gender genetic examined 2. and 3. the identified DNA identification patterns with the DNA identification patterns of trace materials automatically be matched , as far as this is necessary to determine whether the traces originate from these individuals, and the measure in particular is indeed on the number of people affected by it not out of proportion to the severity.
(2) a measure requires the court order referred to in paragraph 1. This is issued in writing. She must identify the persons concerned on the basis of certain characteristics of the examination and shall be justified. A previous hearing of the persons concerned is not required. The decision of the measure is ordered, is not subject to appeal.
(3) section 81f, paragraph 2 and article 81 shall apply for the implementation of the action g paragraph 2 accordingly. As far as the records about the established by the measure DNA identification patterns for the investigation of the crime are no longer required, they are to delete immediately. The cancellation must be documented.
(4) the persons concerned are to instruct that the action may be implemented only with their consent in writing. Here they are sure to point out that 1 the extracted body cells used exclusively for the investigation referred to in paragraph 1 and immediately destroyed as soon as they are no longer required for this purpose, and 2. the identified DNA identification patterns not for determining identity in future criminal proceedings at the Federal Criminal Police Office are stored.

Article 82 
During the pre-litigation procedure it depends by the order of the judge, whether the experts have to submit its opinion in writing or orally.

Section 83 (1) the judge may order a new assessment by same or other experts, if he considers the opinion of insufficient.
(2) the judge may order the examination by an other expert, if an expert is rejected after reimbursement of the opinion with success.
(3) in important cases the opinion of a specialised agency can be obtained.

84 the expert receives a fee according to the rates and compensation law section.

§ 85 if proof of past facts or conditions, a special expertise was required to their perception, knowledgeable people are heard, the provisions concerning the witnesses shall apply.

§ 86 takes place taking a judicial inspection, the found thing stock is so in the log to determine and to provide information, which missed signs or characteristics, whose Vorhandensein could be suspected according to the specific nature of the case.

Section 87 (1) the inquest is made by the public prosecutor, at the request of the public prosecutor's Office of the judge, under approval of a doctor. A doctor is not pulled, when this is obviously not necessary for the investigation of the facts of the case.
(2) the autopsy is performed by two physicians. One of the doctors must be court physician head of a public forensic or pathological Institute or a representative of this doctor of the Institute with forensic expertise. The autopsy is the doctor who has treated the deceased in the immediately preceding the death disease, not to transfer. He, however, can be prompted to attend the autopsy, to give information from the history of the disease. The public prosecutor's Office may take part in the autopsy. The autopsy in the presence of the judge takes place at their request.
(3) to the tour or opening an already buried corpse, their excavation shall be permitted.
(4) the autopsy and the excavation of a buried corpse is ordered by the judge; the public prosecutor's Office is empowered to arrange if jeopardizes the success of the investigation due to delay. Allocated the excavation the notification of relatives of the dead is at the same time be arranged if the nationals without particular difficulties can be determined and the purpose of the investigation is not endangered by the notification.

Section 88 (1) before of the autopsy is to establish the identity of the deceased. For this purpose, the unit can be used to in particular persons who have known the deceased, interviewed and performed erkennungsdienstlicher measures. To determine the identity and sex the removal of body cells and their molecular genetic investigation are allowed; section 81f, paragraph 2 shall apply accordingly for the molecular genetic investigation.
(2) If an accused is present, so the corpse to the recognition to appear before him.

Section 89 must extend, as far as the State allows it the corpse, always the autopsy on the opening of the head, chest and abdomen.

Article 90 in opening up the body of a newborn child is investigating in particular setting, whether it lived after or during birth, and whether it has been mature or at least able to continue the life outside of the womb.

Section 91 (1) is suspected of poisoning, so the investigation is in the body, or otherwise found suspect substances by a chemist or an trade authority existing for such studies to make.
(2) it can be arranged to take place having this investigation under involvement or direction of a physician.

Article 92 (1) is the suspicion of a money - or counterfeiting of stamps, the money or the characters of value of are so, if necessary, submit the Authority used by the real money or real stamp of its kind in circulation. The opinion of this authority is to obtain about the spuriousness or distortion and in whatsoever the forgery has been allegedly committed.
(2) if it is money or stamps of a foreign currency area, that a German may be required in place of the opinion of the authority of the foreign currency area.

§ 93 to determine of the authenticity or spuriousness of a document, as well as to identify of its author can be made a Schriftvergleichung under consultation of experts.
Eighth section to take items that are can be as evidence for the study of important seizure, interception of telecommunications, Dragnet, use of technical means, using undercover and search § 94 (1) custody or ensure in any other way.
(2) the goods are in the custody of a person and they are not voluntarily issued so needed the seizure.
(3) paragraphs 1 and 2 apply for driver's licenses, which are subject to confiscation.

Section 95 (1) who a subject which aforementioned kind in his custody who is obliged to submit it to require and to deliver.
(2) in the case of refusal, you can be set against him in article 70 of specific regulatory and coercive measures. This does not apply for persons who are entitled to the denial of the certificate.

§ 96 the presentation or delivery of files or other in official custody documents by authorities and public officials may not be required, if its Supreme Administrative Authority explains that disclosed the contents of these files or documents would cause disadvantages to the well-being of the Federation or a German land. Sentence 1 shall apply accordingly for files and other documents that are in the custody of a member of the Bundestag or a diet or an employee of a faction of the Bundestag or a diet, if the body responsible for issuing a statement permission has issued such a declaration.

Article 97 (1) the seizure not 1 written communications between the accused person and the persons who no. 1 to 3 b; refuse the certificate according to article 52 or article 53, paragraph 1, sentence 1 are subject to
2. records, which made the No. 1 to 3 b above via the information entrusted to them by the accused or other circumstances in section 53, paragraph 1, sentence 1 the privilege extends to the;
3. other items including the medical examination findings, on which is the privilege in section 53, paragraph 1, sentence 1 No. 1 to 3 b called extends.
(2) these restrictions apply to only, if the items in the custody of the beneficiaries to the denial of the certificate, unless it is to an electronic health card within the meaning of section 291a of the fifth book of the social code. Not objects, which are the privilege of doctors, dentists, psychological psychotherapists, children's and youth psychotherapists, pharmacists and midwives covered, if they are in the custody of a hospital or a service provider, which collects personal data for the above, processes or uses, and items that are subject to the seizure also is the privilege extends in section 53, paragraph 1, sentence 1 No. 3a and 3B referred persons , if they are in the custody of the counselling referred to in that provision. The limitations of the seizure do not apply if certain facts justify the suspicion that the refusal of certificate of authorized person fact or a benefit, penalty thwarting or handling stolen goods is involved, or if it's objects are spawned, or used to commit a crime or intended by a crime or that resulting from a criminal offence.
(3) paragraphs 1 and 2 shall apply accordingly as far as the assistants (§ 53a) the witness may refuse to grant referred to no. 1 to 3 b the in section 53, paragraph 1, sentence 1.
(4) unless the privilege the ranges persons referred to in no. 4 in section 53, paragraph 1, sentence 1, the seizure of goods is not permitted. This seizure protection also extends to items which are entrusted to their assistants (§ 53a) persons referred to in no. 4 in section 53, paragraph 1, sentence 1. Sentence 1 shall apply accordingly if the assistants (§ 53a) which are likely to refuse the testimony people referred to in no. 4 in section 53, paragraph 1, sentence 1.
(5) where the privilege which is people referred to in no. 5 in section 53, paragraph 1, sentence 1, the seizure of documents, sound, image and disks, pictures and other representations that are in the custody of these persons or the editorial, Publisher, the printer or the broadcaster, is not permitted. Paragraph 2 sentence 3 and § 160a, para 4, sentence 2 shall apply mutatis mutandis, the participation rules in paragraph 2 sentence 3 but only if the particular facts justify an urgent suspicion of involvement. the seizure is allowed but also in these cases only, if it is para 1 sentence 2 of the basic law not out of proportion to the importance of the matter, taking into account the fundamental rights under article 5 and the investigation of the facts of the case or the determination of the place of residence of the offender in other ways would be impossible or substantially more difficult.

Article 98 
(1) seizure may be arranged only by the Court, at the imminent danger by the public prosecutor's Office and their investigation persons (§ 152 of the courts Act). The seizure may be arranged according to § 97 paragraph 5 sentence 2 in the premises of an editorial, a publishing house, a printer or a broadcasting company only by the Court.
(2) the officer who has seized an item without a court order, should apply for the judicial confirmation within three days, if the seizure neither of of sufferers still a member of the adult was present or if the person concerned and in case of his absence, an adult member of the person concerned against the seizure raised explicit opposition. The interested party may request at any time the judicial decision. The jurisdiction of the Court are governed by § 162. The person concerned may submit the application in the District Court, in whose district the seizure took place; This forwards the application to the competent court. The person concerned has to teach about his rights.
(3) following his public complaint the seizure occurred by the public prosecutor's Office or any of its discovery people, display is the Court of the seizure within three days to make; the seized items are available to him.
(4) a seizure in a service building, or one is not commonly accessible facility or equipment of the Bundeswehr required, so the front office of the Bundeswehr is invited to their implementation. The applicant is entitled to participate. The request need not, if the seizure in rooms to make is inhabited only by people other than soldiers.

section 98a (1) if sufficient actual evidence available, that an offence of major importance for 1 in the field of illicit narcotics or arms traffic, money - or counterfeiting of stamps, 2nd in the field of State protection (sections 74a, 120 of the courts Act), 3. in the field of homicidal offences, 4th number against body or life, sexual self-determination or personal freedom, 5th - or habitually or 6 by a gang member or otherwise organized has been committed , so may, without prejudice to sections 94, 110, 161, personal data of persons who meet specific, applicable to the perpetrator probably test features, other machine are compared to data, to exclude not suspects or to determine persons that meet more examination characteristics meaningful for the investigations. The measure may only be ordered if the investigation of the facts of the case or the determination of the place of residence of the offender in other ways would be considerably less promising or much more difficult.
(2) to which in paragraph 1 designated purpose the storing place has the matching for the required data from the databases to weed out and law enforcement agencies to submit.
(3) if the data to be submitted can be separated from other data only at disproportionate time and effort, also the other data shall be transmitted on the order. Their use is not permitted.
(4) on the request of the public prosecutor's Office, the storing place has the job, the matching performs to support.
(5) section 95 paragraph 2 shall apply accordingly.

§ Comparison of the 98 b (1) and the transmission of the data should be arranged only by the Court, in danger in delay by the Prosecutor. The Prosecutor made the arrangement, she immediately requested the judicial confirmation. The arrangement shall cease to be power, if she is not confirmed within three working days by the Court. The arrangement was made in writing. It must refer to the obligation to deliver and to limit required for each individual case data and test features. The transmission of data, usage special federal or corresponding landesgesetzliche usage rules preclude, may be ordered. Paragraph 1 sentence 2 shall apply the §§ 96, 97, 98.
(2) regulatory and coercive measures (§ 95 para 2) may be arranged only by the Court, in danger in delay by the Prosecutor. the establishment of detention is reserved for the Court.
(3) have been submitted to the data on disks, these are so after completion of the comparison must be returned immediately. Personal data which were transferred to other media, are immediately to delete as soon as they are no longer needed for the criminal proceedings.
(4) upon termination of a measure under section 98a, the point is to teach, which is responsible for the monitoring of compliance with the rules on data protection in public places.

§ 98c to the investigation of an offence or to the determination of the place of residence of a person, after which we can search for purposes of criminal proceedings, may be matched personally identifiable information from a criminal case with others to prosecution or enforcement or security machine stored data. Conflicting special federal or corresponding landesgesetzliche usage provisions remain unaffected.

§ 99 is allowed the seizure of postal items addressed to the accused and telegrams, which are in the custody of persons or companies, provide the businesslike postal or telecommunications services or participate. As well, a seizure of mail and telegrams is allowed to close is where present facts that they come from the accused or intended for him and that their content for the investigation is important.

Section 100 (1) seizure (section 99) is entitled only to the Court, at the imminent danger the public prosecutor's Office.
(2) the seizure ordered by the public prosecutor's Office is, even though she has not yet entail extradition, override, if she is not confirmed within three working days.
(3) the opening of the delivered mail may refer to the Court. The public prosecutor's Office's may delegate this power, insofar as this is necessary in order not to jeopardize the success of the investigation by delaying. The transfer is not subject to appeal; She can be revoked at any time. As long as an arrangement is not acted pursuant to sentence 2, the Prosecutor shall you delivered mail immediately, and while sealed mail unopened, before the Court.
(4) the competent under article 98 Court a seizure ordered by the public prosecutor. The Court, which has ordered the seizure or confirmed decides on the opening of a delivered mail.
(5) mail, whose opening has not been ordered, shall be automatically forwarded to the intended recipient without delay. The same applies if the withholding is not required after the opening.
(6) the part of a consignment of reserved post whose withholding expedient, not with respect to the investigation is received to inform the intended recipient.

§ 100a monitored telecommunications (1) even without knowledge who may concerned, be recorded if 1 particular facts suspect justify someone as a perpetrator or participant has prepared a serious offence referred to in paragraph 2 in cases where the attempt is punishable, tries to commit, or by a crime committed, 2 heavy weighs the fact in each individual case and 3 significantly complicates the investigation of the facts of the case or the determination of the place of residence of the accused otherwise or hopeless would be.
(2) severity are offences within the meaning of paragraph 1 No. 1: 1 of the Penal Code: a) crime of betrayal of peace, of high treason and endangering the democratic rule of law and of treason and endangering external security after the sections 80 to 82, 84 to 86, 87 to 89 a, 89 c paragraphs 1 to 4, 94 to 100 a, b) bribery and bribery of elected representatives according to § 108e , c) offences against the national defense after the sections 109 d to 109 h, d) offences against the public order after the §§ 129-130, e) forgery of money and stamps after the sections 146 and 151, also in connection with article 152, as well as section 152a subsection 3 and § 152 b paragraphs 1 to 4, f) crimes against sexual self-determination in the cases of articles 176a, 176 b, 177 paragraph 2 No. 2 and section 179, para 5 No. 2 , g) distribution, acquisition and possession of child - and youth-pornographic writings according to § 184b paragraph 1 and 2, § 184 c paragraph 2, h) murder and manslaughter after the sections 211 and 212, i) offences against personal freedom after the articles 232 and 233a, 234, 234a, 239a and 239 b, j) gang theft pursuant to section 244 subsection 1 No. 2 and gang larceny according to section 244a, k) crimes of robbery and blackmail to sections 249 to 255 , l) professional receiving stolen property, gang receiving stolen property and commercial gang of handling stolen goods after the §§ 260 and 260a, m) money laundering and concealment of unlawfully obtained assets according to section 261, paragraph 1, 2 and 4, n) fraud and computer fraud under the conditions referred to in article 263, paragraph 3, sentence 2, and in the case of § 263 5, also in conjunction with section 263a para 2, o) subsidy fraud under the conditions referred to in article 264, paragraph 2, sentence 2, and in the case of section 264 paragraph 3 in conjunction with § 263, paragraph 5 (p).
(Offences of forgery under the conditions specified in article 267, paragraph 3, sentence 2, and in the case of § 267 4, also in connection with article 268, paragraph 5 or article 269 paragraph 3 as well as article 275 par. 2 and § 276 para 2, q) bankrupt under the conditions referred to in section 283a, sentence 2, r) offences against competition according to § 298 and, under the conditions referred to in section 300, set of 2 , according to § 299, s) larcenous offences in cases of sections 306 to 306 c, 307 para 1 to 3, Section 308 subsection 1 until 3, § 309 para 1 to 4, § 310 par. 1, the §§ 313, 314, 315 (3), of section 315 b paragraph 3 as well as the sections 316a and 316 c, t) bribery and corruption after the sections 332 and 334, 2 from the tax code : a) tax evasion under the § 370 para 3 sentence 2 requirements referred to in no. 5, b) commercial, violent and gang-moderate smuggling according to § 373, c) tax handling stolen goods in the case of § 374 para 2, 3 from the drug law: offences according to article 95, paragraph 1 No. 2a under the in section 95, paragraph 3, sentence 2 No. 2 letter of b conditions, 4 from the asylum procedure act: a) inducement for abusive asylum applicants pursuant to section 84, paragraph 3 , b) number - and gang-modest inducement for abusive asylum applicants under paragraph 84a, 5 of the residence Act: a) smuggling of foreigners according to § 96 para 2, b) smuggling resulting in death and number - and gang-like locks according to article 97, 6 from the foreign trade law: intentional offences referred to in sections 17 and 18 of the Foreign Trade Act, 7 from the Narcotic Drugs Act: a) offences after a in section 29, paragraph 3, sentence 2 No. 1 in terms of adopted regulations under the conditions there laid down , b) offences referred to in articles 29, 30 paragraph 1 No. 1, 2 and 4, as well as the sections 30a and 30B, 8 from the precursor monitoring Act: requirements referred to offences pursuant to section 19 para 1 under in article 19, paragraph 3, sentence 2, 9 of the law on the control of weapons of war: a) offences referred to in § 19 para 1 to 3 and § 20 para 1 and 2, and section 20a para 1 to 3 , also in connection with article 21, b) offences according to § 22a para 1 to 3, 10 from the international penal code: a) genocide according to § 6, b) crimes against humanity pursuant to § 7, c) war crimes after §§ 8 to 12, 11 from the gun laws: a) offences according to § 51 para 1 to 3, b) offences pursuant to § 52 para 1 No. 1 and 2 letter c and d, as well as paragraph 5 and 6 (3) should the arrangement only against the accused or against persons focus , to assume that on the basis of certain facts is that certain of the accused or by him resulting messages accept or share or that the accused used their connection.
(4) actual indications for the assumption there are, that referred to in paragraph 1 only findings from the core area of private life design would become a measure, the action is inadmissible. Findings from the core area of private life design, obtained through a measure referred to in paragraph 1 may not be recycled. Records thereof shall immediately to delete. The fact of obtaining and deletion is on record to make.

§ must be arranged 100B (1) measures according to article 100a only at the request of the public prosecutor's Office by the Court. With the imminent danger, the arrangement can be made also by the public prosecutor's Office. As far as the order of the public prosecutor's Office within three business days by the Court is confirmed, she shall cease to be power. The arrangement is limited to a maximum of three months. An extension of not more than three months is allowed insofar as the requirements on the arrangement, taking into account the findings of the investigation.
(2) the arrangement has been made in writing. In its decision formula shall be indicated: 1 as far as possible, the name and address of the person concerned, the measure is aimed against the, 2. the telephone number or other ID of the connection being monitored or of the device, unless specific facts, that this is also associated with another end device, 3 type, scope and duration of the activity under name of the end time.
(3) on the basis of the arrangement has anyone who provides telecommunications services or it is, according to article 100a to enable the measures the Court, the public prosecutor's Office and their investigation persons (§ 152 of the courts Act) in the police force and to furnish the necessary information without delay. Whether and to what extent this provision are determined according to the Telecommunications Act and the telecommunication monitoring regulation. Article 95, paragraph 2 shall apply mutatis mutandis.
(4) the requirements of the order no longer exist, so are the measures taken on the basis of the arrangement to terminate immediately. After completion of the action is the appointing Court about their results to teach.
(5) countries and the Attorney General report the Federal Office of Justice at each until June 30 of the year following the year under review measures ordered under its jurisdiction according to article 100a. The Federal Office of Justice creates an overview of the measures arranged nationwide in the year under review and publish them on the Internet. (1) (6) in the reports under paragraph 5 shall specify: 1. the number of cases in which measures; ordered according to article 100a, paragraph 1
2. the number of monitoring arrangements pursuant to section 100a paragraph 1, divided into a) initial and renewal orders, and b) landline, mobile and Internet telecommunications.
3. each underlying cause offence in accordance with the subdivision in section 100a, paragraph 2-1) official note: the Internet address of the Federal Office for Justice is: www.bundesjustizamt.de footnote (+++ § 100 b paragraph 5 and 6: the application cf. Article 12 par. 1 StPOEG +++) (1) even without knowledge who may concerned the word spoken in an apartment not public by technical means section 100 c intercepted and recorded when 1 specific facts justify the suspicion , that as perpetrators or participants to commit committed or in cases where an attempt is punishable by law, has anyone tried a particularly serious criminal offence referred to in paragraph 2, 2. particularly heavy weighs the fact in each individual case, 3. on the basis of actual evidence to assume is that by monitoring statements of the accused collected, which are for the exploration of the facts or the determination of the place of residence of a fellow defendant of importance , and 4th disproportionately hampered the investigation of the facts of the case or the determination of the place of residence of a fellow defendant in another way or would be futile.
(2) particularly serious offences within the meaning of paragraph 1 No. 1 are: 1. from the Penal Code: a) offences of peace treason, treason and endangering the democratic rule of law and of treason and endangering external security according to the § § 80, 81, 82, 89 a, 89 c paragraphs 1 to 4, after the sections 94, 95 § 3 and § 96 para 1, also in conjunction with article 97 b , as well as according to the § 97a, 98 para 1 sentence 2, § 99 paragraph 2 and the sections 100, 100a, paragraph 4, b) education criminal associations pursuant to section 129 para 1 in conjunction with § 4 half-sentence 2 and training terrorist groups pursuant to section 129a para 1, 2, 4, 5 set 1 of alternative 1, also in conjunction with section 129 b paragraph 1, c) forgery of money and stamps after the sections 146 and 151 , also in connection with article 152, as well as section 152a subsection 3 and § 152 b paragraphs 1 to 4, d) crimes against sexual self-determination in cases section 176a para 2 No. 2 or § 3, section 177 subsection 2 No. 2 or § 179, par 5 No. 2, e) dissemination, acquisition and possession of child pornographic writings in the cases of § 184 b paragraph 2, f) murder and manslaughter after the sections 211 , 212, g) offences against personal liberty in the cases of sections 234, 234a para 1, 2, sections 239a, 239 b and trafficking in human beings for the purpose of sexual exploitation and for the purpose of labour exploitation according to § 232 par. 3, paragraph 4 or paragraph 5, section 233 paragraph 3, each as far as it is crime, h) gang theft pursuant to section 244 subsection 1 No. 2 and gang larceny according to section 244a , i) serious robbery and robbery resulting in death according to article 250, paragraph 1 or paragraph 2, § 251, j) predatory extortion after conditions according to article 253 among the in section 253, paragraph 4, sentence 2 referred to in section 255 and especially serious case of blackmail, k) professional receiving stolen property, gang receiving stolen property and commercial gang of handling stolen goods after the sections 260, 260a, l) especially serious case of money laundering, disguising illegally obtained assets according to § 261 under the conditions referred to in section 261, subsection 4, sentence 2 , m) especially serious case of bribery and corruption after section 335 paragraph 1 under section 335, paragraph 2 No. 1 to 3 conditions, 2 from the asylum procedure act: a) inducement for abusive asylum applicants under section 84 paragraph 3, b) number - and gang-moderate inducement to the abusive asylum application according to § 84a ABS. 1, 3 from the residence Act: a) smuggling of aliens pursuant to article 96, paragraph 2 , b) smuggling resulting in death or number - and gang-like locks according to article 97, 4. the Narcotic Drugs Act: a) especially serious case of an offence under section 29, subsection 1, sentence 1 No. 1, 5, 6, 10, 11 or 13, paragraph 3 which in section 29, paragraph 3, sentence 2 referred to in no. 1 requirement, b) an offence under sections 29, 30 paragraph 1 No. 1, 2 , 4 paragraph 30 a, 5 of the law on the control of weapons of war: a) an offence under section 19, subsection 2 or § 20 para 1, also in conjunction with section 21, b) especially serious case a crime according to § 22a para 1 in conjunction with paragraph 2, 6 from the international penal code: a) genocide according to § 6, b)
Crimes against humanity pursuant to § 7, c) war crimes after §§ 8 to 12, 7 from the gun laws: a) especially serious case of an offence under section 51 para 1 in conjunction with paragraph 2, b) especially serious case of a criminal offence are based on article 52, paragraph 1 No. 1 in conjunction with subsection 5 (3) that may measure only against the accused and are carried out only in the homes of the accused. In apartments of other people, the measure is permitted only if to assume on the basis of certain facts is that 1 who is there, accused in the arrangement pursuant to section 100 d para 2 and 2 alone will make the measure in homes of the accused not to investigate the facts of the case or to the determination of the place of residence of a fellow defendant.
The measure may also be performed if other people are inevitably affected.
(4) the measure may only be ordered if to assume on the basis of actual evidence, in particular to the nature of the premises to be monitored and the ratio of the people listen to each other, is that statements which are attributable to the core area of private life design, are not covered by the monitoring. Conversations in operating or business premises are usually attributable to not the core area of private life design. The same applies to discussions on committed criminal acts and statements, by means of which offences are committed.
(5) the interception and recording is to interrupt, as far as during of the surveillance evidence arising, that statements which are attributable to the core area of private life design, be collected immediately. Records of such statements are to delete immediately. Knowledge of such statements may not be recycled. The fact of the acquisition of data and their deletion shall be documented. A measure has been interrupted pursuant to sentence 1 so she may continue under the conditions referred to in paragraph 4. In case of doubt is about the interruption or continuation of the action immediately to bring about a decision of the Court; section 100 d, paragraph 4 shall apply mutatis mutandis.
(6) in the cases of § 53 a measure pursuant to paragraph 1 is inadmissible; arises during or after implementation of the measure, that is a case of the article 53, shall apply paragraph 5 sentence 2 to 4 according to. In the cases of § § 52 and 53a lessons learned may be recycled from a measure referred to in paragraph 1 only, if this is taking into account the importance of the underlying relationship of trust, not out of proportion to the interest in the study of the facts of the case or the determination of the place of residence of an accused person. section 160a (4) shall apply mutatis mutandis.
(7) as far as banning exploitation comes after paragraph 5 into account, the public prosecutor's Office has a decision in issuing the usability of the obtained knowledge to bring about immediately. If the court denies a usability, this is binding for the rest of the procedure.

section 100 d (1) measures may be arranged according to sec. 100 c only at the request of the public prosecutor's Office by the Chamber of the District Court referred to in article 74a par. 4 of the courts act, in whose district, the public prosecutor's Office is headquartered. This arrangement can be made also by the Chairman at the imminent danger. The order shall cease to be power, if she is not confirmed within three working days of the Criminal Division. The arrangement must be limited to no more than one month. An extension is allowed, by not more than one month as far as survive the conditions, taking into account the findings of the investigation. The duration of the arrangement on a total of six months has been extended, the higher regional court decides on further extensions.
(2) the arrangement has been made in writing. The arrangement shall be indicated: 1 as far as possible, the name and address of the defendant against whom the measure is aimed, 2. the charge, on the basis of which the measure is ordered, 3. the apartment to be monitored or the living areas to be monitored, 4 type, scope and duration of the action, 5. the type of the measure to gathering information and their significance for the process.
(3) in the explanatory statement of the order or extension are to set out their requirements and the essential aspects of consideration. In particular involved individual to specify: 1. the specific facts giving rise to the suspicion, 2. the essential considerations of the necessity and proportionality of the measure, 3. the actual evidence in the sense of section 100 c para 4 set 1 (4) which is issuing court about the progress and the results of the action to teach. The conditions of the order no longer exist, the Court has to order the termination of the action, provided that the demolition was not already initiated by the public prosecutor's Office. The arrangement of the abandonment of the measure can be done also by the Chairman.
(5) personal data from an acoustic room monitoring may be used for other purposes in accordance with the following stipulations: by a measure under section 100c may 1 acquired actionable personal data in other criminal proceedings without the consent of extent monitored persons only for the investigation of an offence on the basis of which the measure under paragraph 100 c could be arranged, or be used for the determination of the residence of the person accused of such an offence.
2. the use by a measure under section 100 c obtained personal data, including those for section 100 c para 6 set is 1 half set of 2, for purposes of security just to ward off a danger of existing in a particular case or an urgent danger to life or freedom of a person or items of significant value, which are used to feed the population, are of outstanding cultural value or in article 305 of the Penal Code called that allowed. Gained a measure under section 100 c and recoverable personal data may be used also to ward off an existing individual urgent danger for other significant assets. The data to ward off the danger, or a pre-trial or judicial review of the security measures are no longer necessary, records of this data by the competent security authority shall immediately to delete. The deletion is on record to make. As far as the deletion only for a possible pre-trial or judicial review is deferred, the data may be used only for this purpose; they are disable for use for other purposes.
3. are actionable personal data been gained through an appropriate legal police action, they may be used in criminal proceedings without the consent of extent monitored persons only for the investigation of an offence on the basis of which the measure could be arranged according to sec. 100 c, or to the determination of the residence of the person accused of such an offence.

section 100e (1) applies to the measures ordered under section 100 c § 100 b paragraph 5 accordingly. Prior to publication on the Internet, the Federal Government reported the German Bundestag on measures ordered in the previous calendar year under section 100 c.
(2) in the reports referred to in paragraph 1 shall be: 1. the number of cases in which measures paragraph 1; ordered according to sec. 100 c
2. each underlying cause offence in accordance with the subdivision in section 100 c para 2;
3. whether the procedure is related to the pursuit of organised crime;
4. the number of monitored objects per process private apartments and other homes as well as apartments of the accused and apartments by third parties;
5. the number of monitored persons per procedure for accused and not accused persons;
6. the duration of the individual monitoring for the duration of the arrangement, duration of the extension and duration of interception;
7. How is been often a measure under section 100 c paragraph 5, section 100 d para 4 interrupted or;
8. If a notification of the person concerned (§ 101 paragraph 4 to 6) is done or for whatever reason of notification has been seen off;
9. whether the surveillance has delivered results which are relevant for the process or will be expected to be relevant;
10. whether the surveillance has delivered results which are relevant for other criminal proceedings or will be expected to be relevant;
11. when the monitoring has provided no relevant results: the reasons for this, depending on technical reasons and other reasons.
12. the costs of the action, differentiated by costs for translation services and other expenses.

section 100f (1) even without the knowledge of the persons concerned may outside of apartments not publicly spoken word with technical means are intercepted and recorded when certain facts justify the suspicion that someone has tried as perpetrators or participants described in section 100a, paragraph 2, also in some cases committed or in cases where an attempt is punishable by law, to commit serious crimes, and the exploration of the facts or the determination of the place of residence of an accused person in other ways would be impossible or substantially more difficult.
(2) the action may be directed only against a suspect. Against other people the measure may only be arranged if to assume on the basis of certain facts is that they relate to a defendant in connection or such a connection is made, the measure will lead to the exploration of the facts of the case or to the determination of the place of residence of an accused person and this would be impossible or substantially more difficult in other ways.
(3) the measure may also be performed if third parties are inevitably affected.
(4) 100 b paragraph 1, 4 sentence 1 and section 100 d, paragraph 2 shall apply section.

section 100 (1) justify committing suspected as perpetrators or participants 1 committed a crime by also in the case of major importance, in particular, a criminal offence referred to in section 100a, paragraph 2, in cases where an attempt is punishable by law, certain facts has tried g or has prepared by a crime or 2. has committed a crime by means of telecommunications, so may not even without knowledge of the person concerned traffic data (article 96 par. 1 , section 113a of the Telecommunications Act) be instituted, insofar as this is necessary for the investigation of the facts of the case or the determination of the place of residence of the accused. In the case of the set, 1 No. 2 is the measure only permissible, if the investigation of the facts of the case or the determination of the place of residence of the accused otherwise would be futile and the collection of data in a reasonable proportion to the importance of the matter. Location data in real time is allowed only in the case of the sentence 1 No. 1.
(2) paragraph 3 and § 100 para 1 to 4 sentence 1 shall apply mutatis mutandis § 100a. By way of derogation by 100b para 2 sentence 2 No. 2 is sufficient in the case of a crime of considerable importance a spatially and temporally sufficiently precise designation of telecommunications if the investigation of the facts of the case or the determination of the place of residence of the accused otherwise would be impossible or substantially more difficult.
(3) the collection of traffic data not in the telecommunications service provider, is she determined upon completion of the communication according to the General regulations.
(4) on measures referred to in paragraph 1 100 b paragraph 5 is according to § annually to create a map to specify are: 1 the number of cases in which measures referred to in paragraph 1, carried out
2. the number of warrants of measures pursuant to paragraph 1, divided into initial and extension orders;
3. each underlying cause offence, distinguished set pursuant to paragraph 1 1 No. 1 and 2;
4. the number of past months for traffic data referred to in paragraph 1 have been queried, calculated from the date of the order;
5. the number of the measures, which have remained inconclusive, because the requested data were wholly or partially unavailable.
Footnote (+++ § 100 g para 4: to the first application for the reporting year 2008 see section 12 para 1 sentence 1 StPOEG +++) § 100 g para 1 sentence 1: as far as after traffic data according to section 113a of the Telecommunications Act raised decision formula with GG may be accordance with incompatible and void com. BVerfGE v. 10.3.2010 I 272-1 BvR 256/08, 1 BvR 263/08, 1 BvR 586/08 - section 100 h (1) even without the knowledge of the persons concerned are allowed outside of apartments 1 image recordings are made , used 2. other special technical means for observation purposes, if the investigation of the facts of the case or the determination of the place of residence of an accused person in other ways would be less promising or more difficult. A measure is permitted only pursuant to sentence 1 No. 2 If subject of the investigation is a criminal offence of considerable importance.
(2) the measures must be directed only against a suspect. There are 1 against other people.
Measures pursuant to paragraph 1 No. 1 only if the investigation of the facts of the case or the determination of the place of residence of an accused person in other ways significantly less promising or substantially more difficult would be 2.
Measures pursuant to paragraph 1 No. 2 would be allowed only if to assume on the basis of certain facts is that with a defendant in connection or a connection is made, the measures for the investigation of the facts of the case or to the determination of the place of residence of an accused person will lead and this otherwise hopeless or substantially difficult.
(3) the measures may also be performed if third parties with inevitably will be affected.

section 100i (1) whether certain facts so may suspect someone as perpetrators or participants committed a crime by also in the case of major importance, in particular, a criminal offence referred to in section 100a, paragraph 2, that in cases where the attempt is punishable by law, has attempted to commit or prepared by a crime has, through technical means 1 the unit number of a Mobilfunkendgerätes and the card number of the card used and 2 are to determine the location of a Mobilfunkendgerätes , as far as this is necessary for the investigation of the facts of the case or the determination of the place of residence of the accused.
(2) personal data may be levied only third-party on the occasion of such measures, if this is unavoidable due to technical reasons for the achievement of the objective referred to in paragraph 1. About the data synchronization to determine of the desired device and card number, they may not be used and must be delete immediately following completion of the action.
(3) Article 100a paragraph 3 and section 100B subsection 1 sentence 1 to 3, para 2 sentence 1 and paragraph 4 sentence 1 shall apply mutatis mutandis. The arrangement is limited to a maximum of six months. An extension to not more than six months is permitted, insofar as the conditions referred to in paragraph 1 continue to exist.

Article 100j (1) insofar as this is necessary for the investigation of the facts of the case or the determination of the place of residence of an accused person, may be by those who businesslike provides telecommunications services or it is involved, requires data collected information according to the §§ 95 and 111 of the Telecommunications Act (§ 113 paragraph 1 sentence 1 of the Telecommunications Act). Refers to the request for information pursuant to sentence 1 data by means of which the access terminals or storage facilities, which are used in these devices or these separately, is protected (article 113 paragraph 1 sentence 2 of the Telecommunications Act), the information may be required only if the statutory requirements for the use of the data.
(2) the information shall be required in paragraph 1 by using an Internet Protocol address assigned to a specific point in time (§ 113 paragraph 1 sentence 3 of the Telecommunications Act).
(3) request for information may be arranged 1 sentence 2 referred to in paragraph only at the request of the public prosecutor by the Court. With the imminent danger, the arrangement can be made also by the public prosecutor's Office or their identifying persons (§ 152 of the courts Act). In this case, is a judgment without delay to catch up. Sentences 1 to 3 shall not apply if the person concerned by the request for information already has knowledge or should have or if the use of the data is already allowed by a court decision. The existence of the prerequisites pursuant to sentence 4 is on record to make.
(4) the person concerned is to notify sentence 2 and paragraph 2 of the Beauskunftung in the cases of paragraph 1. The notification occurs as far as and as soon as this the purpose of the information is not thwarted. You take if your most sensitive issues preclude the affected person or third party. Will the notification pursuant to sentence 2 reset or apart pursuant to sentence 3 of her, are the reasons on record to make.
(5) on the basis of a request for information pursuant to paragraph 1 or 2, who businesslike to provide telecommunications services or it works with has, to submit the data required to exchange the information immediately. Article 95, paragraph 2 shall apply mutatis mutandis.

§ 101 (1) for measures under the paragraphs 98a, 99, 100a, 100 c to 100i, 110a, 163d-163f apply, insofar as nothing else is determined, the following provisions.
(2) decisions and other documents concerning measures according to the § are deposited with the public prosecutor's Office article 100 c, 100f, 100 h para 1 No. 2 and § 110a. To the files, they are only to take, if the requirements of a notification under paragraph 5 are met.
(3) personal information collected by measures referred to in paragraph 1 are to be marked accordingly. After a transfer to another post, marking by this can be sustained.
4 from the measures referred to in paragraph 1 the persons concerned against the following analysis of the data conducted further investigation, 2. section 99 of the sender and the addressee of the mailing are the participants monitored telecommunications, 4 of section 100 in case 1 of section 98a, 3 of § 100a c a) the defendants against whom the measure was directed, b) other monitored persons , c) who held that the supervised apartment at the time of the implementation of the action or inhabited, 5 of § 100f the target as well as considerably with affected persons, 6 of § 100 g the parties affected telecommunications, 7 of section 100 h para 1 the target as well as considerably with affected persons, 8 of the section 100i the target person, 9 of § 110a a) the target person, b) significantly with data subjects , c) the persons, their not generally accessible apartment entered the undercover agents, 10.
the section 163d the persons concerned against the evaluation of data more investigations were conducted, the person and the person, whose personal data have been reported 11 of section 163e, the target as well as the significantly with affected persons to notify 12 of section 163f. This is to indicate the possibility of subsequent legal protection under paragraph 7 and the term provided for this purpose. The notification is omitted if most sensitive concerns of a person concerned hinder you. Also, the notification can one in sentence 1 No. 2, 3 and 6 referred to person against whom the measure has not directed, be avoided, if this was only insignificantly affected by the measure and to accept is that it has no interest in a notification. Investigation of the identity of a person referred to in sentence 1 are only to make, if this is necessary, taking into account the interference intensity of the action against that person, in effort to determine their identity, as well as the problems following for these or other people.
(5) the notification as soon as this is possible without compromising the purpose of the investigation, the life, the physical integrity and the personal liberty of a person and of significant assets, in the case of Article 110a of the possibility of further use of the undercover investigator. Is the notification is deferred pursuant to sentence 1, are the reasons on record to make.
(6) the deferred under paragraph 5 within twelve months after the end of the measure, notification require further deferrals of the judicial consent. The Court determines the duration of further deferrals. It can agree to the final appearance of the notification if the conditions with not be stand for a notification almost certainly in the future. Are multiple measures in a close temporal relation has been carried out, the period referred to in sentence 1 begins with the completion of the last action. The period of six months referred to in sentence 1 is in the case of section 100 c.
(7) pursuant to paragraph 6 the court competent for the arrangement of the measure hits judicial decisions, indeed the Court at the seat of the competent public prosecutor's Office. In paragraph 4 sentence 1 persons can Court pursuant to sentence 1 even after the termination of the measure until two weeks after their notification request the review of the legality of the measure and the type and manner of enforcement. The immediate appeal is admissible against the decision. Is the public lodge a complaint and notify the defendant, the Court dealing with the matter in the decision concluding the procedure decides on the request.
(8) personal data gained from the measure for the prosecution and any judicial review of the measure are not required, they are so immediately to delete. The deletion is on record to make. As far as the deletion only for any judicial review of the measure has been back, the data without consent of the person concerned may be used solely for that purpose; they are to block.

§ 102 which which is suspected as perpetrators or participants a crime or favoring, penalty thwarting or handling stolen goods can be a search of the apartment and other premises, as well as his person and things belonging to him both to be made for the purpose of seizing as even, is to assume that the search will lead to the discovery of evidence.

§ 103 (1) when others are searches only to the arrest of the accused, or to the pursuit of traces of a criminal offence or the seizure of certain goods and allowed only, if there are facts, to conclude that is, that the requested person, track, or thing is in the premises to be searched. For the purposes of the seizure of an accused person, the urgent suspicious is an offence under § 89a or § 89c paragraphs 1 to 4 of the Penal Code or according to § 129a, also in connection with article 129 b para. 1, of the Penal Code or any of the offences referred to in that provision to have committed is a search of apartments and other rooms also permitted if they are in a building , by which on the basis of facts is, that the accused in it is.
(2) the restrictions of paragraph 1 sentence 1 do not apply to rooms, where the accused is taken or which he entered during the persecution.

Section 104 (1) of the night-time may the housing, business premises and pacified the property only in pursuit of red-handed or in danger in delay or then searches are, if it's the Wiederergreifung of a released prisoner.
(2) this limitation does not apply to rooms, to the night-time accessible to anyone the police as hostels or meeting places of punished persons as defeats of things, obtained through criminal acts are, or as a den of gambling, illicit narcotics and arms trafficking, or of prostitution are known.
(3) the night time includes the hours of nine o'clock in the evening until four in the morning, and in the period from the first October to the thirty-first of March in the period from 1st of April to 30th September the hours of nine o'clock in the evening until six in the morning.

Article 105 (1) searches may be ordered only by the judge, at the imminent danger by the public prosecutor's Office and their investigation persons (§ 152 of the courts Act). According to section 103, subsection 1, sentence 2, the judge orders searches; the Prosecutor is empowered to do this, when danger in delay.
(2) If a search of the apartment, the premises or of the pacified possession without the presence of the judge or the public prosecutor takes place, a municipal official or two members of the community, in whose district the search is carried out, shall, if possible, to draw. The people drawn to as members of the community must be not police officers or identifying persons of the public prosecutor's Office.
(3) a search warrant in a service building, or one is not commonly accessible facility or equipment of the Bundeswehr required, so the front office of the Bundeswehr is invited to their implementation. The applicant is entitled to participate. The request need not, if the searches of premises to carry out is inhabited only by people other than soldiers.

Section 106 (1) the holder of to search rooms or items may attend the search. He is absent, as is, if possible, his representative or an adult member to move to housemate or neighbour.
(2) the purpose of the search before their is the owner or the person drawn in his absence in the cases of § 103 para 1 to disclose. This provision does not apply to the holder of the areas referred to in article 104 para 2.

Section 107 of the search concerned is to make a written notice, the termination at the request the the basic of search (sections 102, 103), as well as in the case of section 102 must identify the offence. Also a directory of items in storage or fittings made is him upon request, if but nothing suspicious was found, to give a certificate thereof.

Section 108 (1) items are found during a search, which are not related to the investigation, but indicate the perpetration of another offence, they are so in the meantime in fitting to take. The public prosecutor's Office is to give knowledge thereof. Sentence 1 shall not apply if a search takes place according to section 103, subsection 1, sentence 2.
(2) be at a doctor's Office items within the meaning of paragraph 1 sentence 1 found, concerning the termination of pregnancy of a patient, their use as evidence in criminal proceedings against the patient for an offence is not allowed according to § 218 of the Penal Code.
(3) be found at one in section 53, paragraph 1, sentence 1 person referred to in no. 5 objects within the meaning of paragraph 1 sentence 1, on which extends the privilege of the referred person, is that recovery of the item as evidence in a criminal case only insofar as an offence is allowed as a subject of this criminal, threatening imprisonment of a maximum with at least five years and of not an offence according to Article 353 is's b of the Penal Code.

§ 109 that approved items are in storage or fitting exactly to record and to make the prevention of confusion with official seal or otherwise appropriately marked.

Article 110 (1) reviewing the papers of the search concerned is the public prosecutor's Office and on the arrangement of their identifying persons (§ 152 of the courts Act).
(2) in the other officials to review of the found documents may not, if the owners approved the review. The papers, whose transparency they consider necessary, in an envelope, which can be sealed in the presence of the holder with the official seal, otherwise they have to deliver to the public prosecutor.
(3) the review of electronic storage medium where the search must affected also on storage media this geographically separate, as far as them from the storage media can be accessed, extending be, if otherwise the loss of this data to get. Data that can be to the study of meaning, must be secured; Article 98, paragraph 2 shall apply mutatis mutandis.

§ 110a (1) undercover agents may be used for reconnaissance of crime, if there are actual evidence enough to, that an offence of major importance for 1 in the field of illicit narcotics or arms traffic, money - or counterfeiting of stamps, 2. number on the territory of the State protection (sections 74a, 120 of the courts Act), 3. - or habitually or 4 by a gang member or otherwise organized has been committed. Undercover agents may be used for the investigation of crimes also, insofar as there is a risk of repetition on the basis of certain facts. The use is only permitted as far as educating otherwise would be impossible or substantially more difficult. Undercover agents may be used for the investigation of crimes also, if the importance of the Act dictates the usage and other measures would be futile.
(2) undercover agents are officers of the police service, which determine a granted them, established over time, changing identity (legend). Under the legend, you may participate in legal transactions.
(3) as far as it is indispensable for building or maintaining the legend, may be relevant documents produced, modified or used.

section 110 b (1) is the use of an undercover investigator only with the consent of the public prosecutor's Office allowed. There is danger in delay, and can the decision of the public prosecutor's Office in a timely manner be obtained, it is to bring without delay; the measure is to stop, if not the public prosecutor's Office within three working days. The consent is in writing to grant and limited in time. An extension is allowed, as long as the conditions for the use of continue.
(2) inserts, 1 which aimed against a particular suspect or the undercover agents a flat enters 2. where that is not generally available, require the approval of the Court. For the imminent danger, the consent of the public prosecutor's Office is sufficient. Can the decision of the public prosecutor's Office in a timely manner be obtained, it shall be to bring about without delay. The measure is to stop, if not the Court within three days. Paragraph shall accordingly apply 1 sentence 3 and 4.
(3) the identity of the undercover investigator can be kept secret even after the termination of the mission. The public prosecutor's Office and the Court, which are responsible for the decision to consent to the use, may require that the identity is revealed to them. In addition the confidentiality of the identity is allowed in criminal proceedings in accordance with the § 96, especially if there is a reason for concern that the disclosure would endanger life, body or freedom of the undercover investigator or any other person, or the possibility of further use of the undercover investigator.

section 110 c undercover agents may enter an apartment with the consent of the person entitled, using their legend. The consent must not be brought about by a beyond the use of the legend feigning of an access right. In addition, the powers of the undercover investigator set under this Act and other legislation.

Article 110 d (dropped out) - section 110e (dropped out) - section 111 (1) establish certain facts so you can suspect that an offence under § 89a or § 89 c is a paragraph 1 to 4 of the Penal Code or according to § 129a, also in connection with article 129 b para. 1, of the Penal Code, which in this rule no. 1 of the Penal Code has been committed designated offences or an offence under article 250, paragraph 1, on public streets and squares and other public places, checkpoints be set up , if the facts justify the assumption that this measure may lead to the arrest of the offender or the securing of evidence, which can serve the investigation of the offence. At an inspection post, everyone is obliged to verify his identity and search as well as things guided with.
(2) the arrangement to set up a supervisory authority, meets the judges; their discovery people (§ 152 of the courts Act) and the public prosecutor's Office may, if there is danger in delay.
(3) for the search and the identification referred to in paragraph 1 of section 106 paragraph 2 sentence 1, § 107 clause 2 first half-sentence, the sections 108, 109, 110 para 1 and 2, as well as the sections 163 b and 163 c accordingly.

§ 111a (1) urgent reasons to exist that the licence will be withdrawn (section 69 of the Penal Code), so the judge may withdraw provisionally the licence the defendant by decision. Certain types of vehicles can be excluded from the provisional withdrawal if special circumstances justify the adoption, that the purpose of the measure this is not endangered.
(2) the provisional withdrawal of the driving licence should be repealed if their reason has been dropped, or if the Court in the judgment does not cut off the driver's licence.
(3) the provisional withdrawal of the driving licence at the same time acts as an order or confirmation of the seizure of the driving licence issued by a German public authority. This also applies if the driver's license is issued by an authority of a Member State of the European Union or another Contracting State to the agreement on the European economic area, unless the holder has his normal residence in Germany.
(4) a driver's license is confiscated, because he can be drafted according to § 69 paragraph 3 sentence 2 of the Penal Code, and requires a judicial decision about the seizure, so the decision on the temporary withdrawal of the licence takes their place.
(5) a licence which is taken, ensure or seized in custody, because he can be drafted according to § 69 paragraph 3 sentence 2 of the Penal Code, is to return the defendants if the judge rejects the provisional withdrawal of the licence due to lack of the conditions referred to in paragraph 1, if he takes it, or if the Court in the judgment does not cut off the driver's licence. However in the judgment a driving ban imposed according to § 44 of the Penal Code, the return of the licence may be postponed if the accused does not contradict.
(6) to note in others as in paragraph 3 sentence 2 foreign driving licences referred to is the provisional withdrawal of the driving licence. To the registration of this notice the driving licence can seized in (section 94 para 3, § 98).

§ can be ensured 111 (b) (1) items by seizure pursuant to § 111 c, if grounds for believing, that the conditions exist for their expiration or their confiscation. § 94 paragraph 3 shall remain unaffected.
(2) reasons to exist, that there are the conditions of decline of compensation or recovery of compensation, the REM arrest can be arranged for their protection after § 111 d.
(3) urgent reasons are not available, the court annuls the order in paragraph 1 sentence 1 and paragraph 2 measures referred to at least every six months on. Certain facts justify the suspicion and the period referred to in sentence 1, because of the special difficulty or special scope of an investigation or for another important reason is not sufficient, so the Court at the request of the public prosecutor may extend the measure, if the stated reasons justify their continuation. Without urgent reasons the measure may not be maintained for twelve months beyond.
(4) sections 102 to 110 shall apply mutatis mutandis.
(5) paragraphs 1 to 4 shall apply mutatis mutandis where the decline only so not can be arranged, because the provisions of § 73 para 1 sentence 2 of the Penal Code.

section 111c (1) the seizure of a movable thing will cause in the cases of § 111b this that made the thing in custody or the seizure indicated by label or in any other way.
(2) the seizure of a plot or a right which is subject to the provisions on enforcement in the immovable property, this causes that a notice of the seizure in the land is entered. The provisions of the Act about the foreclosure and the receivership over the scope of the seizure in the forced sale shall apply mutatis mutandis.
(3) the seizure of a claim or any other property right that is not subject to the about enforcement in the immovable property, is caused by attachment. The rules of civil procedure on enforcement in receivables and other assets are apply in this respect accordingly. The seizure is the invitation to make of the declarations referred to in section 840 para 1 of the civil procedure code to connect.
(4) the seizure of ships, shipbuilding works and air vehicles is effected pursuant to paragraph 1. When such ships, shipbuilding plants and aircraft that are registered in the register of shipping, shipbuilding or register for liens on aircraft, the seizure in the register must be entered. Not registered, but registration enabled shipbuilding works or air vehicles can be registered for this purpose for registration; the rules, which are applicable for the registration by a person who may require an entry in the register on the basis of an enforceable title, apply here.
(5) the confiscation of an object according to the paragraphs 1 to 4 has the effect of a ban of sale within the meaning of section 136 of the civil code; the prohibition includes other provisions as disposals.
(6) a seized movable can be returned to the person concerned 1 against immediate lowering of the value or 2 subject to revocation at any time for further provisional use until the conclusion of the proceedings left. Pursuant to sentence 1 No. 1 imposed amount occurs at the point of the thing. The measure 1 No. 2 can be made conditional sentence, that affected parties providing security or meet certain conditions.

section 111 d (1) because of the revocation or the recovery of compensation because of a fine or the expected costs of the criminal proceedings the REM arrest can be arranged. Due to a fine and the costs expected to be incurred the arrest may only be arranged if a judgment denominated in criminal has been rendered against the accused. No arrest has been made to secure the enforcement costs and minor amounts.
(2) paragraphs 917 and 920 para 1 of the Civil Procedure Code apply accordingly paragraph 1 as well as the SEC. 923, 928, 930 to 932 and 934.
(3) the arrest for a fine or the costs expected to be incurred has been arranged, an enforcement measure at the request of the accused is to remove, as far as the accused needed the pawn for the creation of the costs of his defense, his maintenance or the maintenance of his family.

§ 111es (1) ordering the seizure (section 111c) and of the arrest of (111 section d) is entitled only to the Court, at the imminent danger the public prosecutor's Office. Ordering the confiscation of movable goods (§ 111c para 1) empowered at risk in arrears also the discovery people of the prosecution (§ 152 of the courts Act).
(2) the public prosecutor's Office ordered the seizure or the arrest, so she applied for the judicial confirmation of the order within a week. This does not apply if the seizure of a movable thing is arranged. The interested party can request at any time the decision of the Court in all cases.
(3) the execution of the seizure and of the arrest is by the Act injured, as far as it is known or becomes known in the course of the proceedings, must be notified immediately by the public prosecutor's Office.
(4) the communication can be done by unique publication in the Federal Gazette, if a notice to each individual injured with disproportionate time and effort would be connected, or when is suspect, that claims are adult yet unknown victim from the Act. In addition, you can publish the communication in other appropriate ways. Personal data may be published only as far as their indication is essential to provide access to the secured assets the injured persons to enforce their claims. After completing the backup, the Prosecutor causes the deletion of the publication in the Federal Gazette.

section 111f (1) carrying out the seizure (section 111c) is whether the public prosecutor's Office, with movable property (section 111 c para 1) whose discovery people. Section 98 subsection 4 shall apply mutatis mutandis.
(2) the required entries in the land register, as well as in the c mentioned registers in section 111 are paragraph 4 at the request of the public prosecutor's Office or the court causes which has arranged the seizure. Appropriate applies to the mentioned applications in section 111 c para 4.
(3) where an arrest is to understand the provisions on seizure in movable property, this can be achieved by the authority referred to in article 2 of the judicial recovery procedure, the bailiff, the public prosecutor's Office or by their discovery persons (§ 152 of the courts Act). Paragraph 2 shall apply mutatis mutandis. For the arrangement of the seizure of a registered ship or ship construction work as well as for the attachment a claim as a result of the arrest in accordance with § 111 d is the public prosecutor's Office, or at whose request the Court that ordered the arrest, responsible.
(4) article 37, paragraph 1 with the proviso that the discovery people of the prosecution (§ 152 of the courts Act) may be charged with the execution applies for the delivery.
(5) against measures taken in execution of the seizure or the arrest of the person concerned can request at any time the Court's decision.

111 g (1) confiscation of an object according to § 111 c and the enforcement of the arrest according to § 111 d not act § against an order of the injured, which is carried out on the basis of a claim from the offence by way of compulsory execution or enforcement of the arrest.
(2) the execution or enforcement of detention referred to in paragraph 1 requires the approval by the Court, which is responsible for the arrangement of the seizure (section 111 c) or the arrest of (111 section d). The decision is taken by decision which may be appealed by the public prosecutor, the accused and the victim with immediate appeal. Approval shall be refused if the injured person not proves that the claim of the offence is an adult. section 294 of the code of civil procedure shall apply.
(3) the prohibition of sale para 5 shall apply pursuant to § 111 c from the time of the seizure in favour of injured persons, who operate the execution for the duration of the seizure in the seized item or to understand the arrest. For the application of section 892 para 1 sentence 2 of the civil code, the registration of sale prohibition in the land for the benefit of the State also considered entry in favor of such injured be enlisted for the duration of the seizure as a beneficiary from the lock-up obligations in the land register. Proof that the claim of the offence is an adult, can be carried to the Land Registry Office template of the approval decision. Mutatis mutandis sentences 2 and 3 apply to the lock-up obligations in section 111 c paragraph 4 ships referred to, ship-building plants and aircraft. The effectiveness of the prohibition of sale in favour of the injured is not affected by the lifting of the seizure. Movements 1 and 5 shall apply mutatis mutandis for the effect of the lien created by the execution of an arrest (section 111 d) in movable property.
(4) subject to the subject-matter, which seized or is been seized as a result of the arrest, for reasons other than the section 73 para 1 sentence 2 of the Penal Code referred to in not the foreclosure or the approval is done wrongly the injured third party for compensation of for damage is obliged them caused by the fact that the lock-up obligations shall apply pursuant to paragraph 3 in its favor.
(5) paragraphs 1 to 4 shall apply accordingly, if arranged the fall of heavyweights that arrangement is not yet final. They do not apply if the item is subject to confiscation.

§ 111 h (1) operates the injured due to a claim from the crime enforcement or is he an arrest in a plot in which an arrest is completed according to § 111 d, he may require that the securing mortgage behind his right to the rank by enforcing this arrest resigns. The law arising in conferred rank not lost, that the arrest is lifted. The consent of the owner to the rank change is not required. In addition, article 880 of the civil code is to apply mutatis mutandis.
(2) the rank changes must be approved by the judge, who is responsible for the arrest of (111 section d). § 111 g para. 2 sentence 2 to 4 and paragraph 3 is set 3 apply mutatis mutandis.
(3) is the approval is done wrongly, as the injured person is committed to third parties to the compensation of the damage caused them by the rank change.
(4) paragraphs 1 to 3 shall apply mutatis mutandis if the arrest para 4 sentence 2 is completed according to § 111 d in a ship, ship-building plant or aircraft within the meaning of § 111 c.

section 111i (1) the Court may specify that the seizure will maintain 111 c or the arrest pursuant to § according to § 111 d for a period of not more than three months, as far as the procedure is has been limited after the sections 430 and 442 paragraph 1 to the other legal consequences and the immediate repeal to the injured would be unreasonable.
(2) the Court not only on expiry has detected, because prejudice claims of a victim within the meaning of § 73 para 1 sentence 2 of the Penal Code, it can determine this in the judgment. In this case, it has to refer to the learned. The prerequisites of section 73a of the Penal Code are available in that regard, it determines the amount of money in the ruling which corresponds to the value of the acquired. Unless the injured person has already has 1 by way of compulsory execution or enforcement of the arrest, 2. the injured person has been proven was satisfied from assets, has been not confiscated or seized by way of enforcement of the arrest, or 3.
the learned thing has been published pursuant to § 111 k the injured, is to bring this part pursuant to sentences 2 and 3 to apply findings in print.
(3) where the court proceeds referred to in paragraph 2, it keeps the seizure (section 111c) of within the meaning of paragraph 2 set 2 and 4 have obtained as well as the injunction (section 111 d) up to the amount of referred to in paragraph 2 sentence 3 and 4 of established amount by decision for three years. The period begins with the judgement. It should be seized assets. section 917 of the code of civil procedure shall not apply. As far as the injured person verifiably is satisfied within the time limit from assets, has been not confiscated or seized by way of enforcement of the arrest, the Court revokes the seizure (section 111 c) or the injunction (section 111 d) at the request of the person concerned.
(4) the order under paragraph 3 and the entry of the law are by the fact the court forthwith injured the. The communication is to connect with the note on the consequences referred to in paragraph 5 and the possibility to enforce claims in the way of enforcement or detention enforcement. § 111es para 4 sentence 1 to 3 shall apply mutatis mutandis.
(5) with the expiry of the period referred to in paragraph 3, the State unless acquires the assets referred to in paragraph 2 according to Article 73e, paragraph 1, of the Penal Code, as well as a claim for payment of the amount determined pursuant to paragraph 2, the injured person has in the meantime has 1 due to his claims by way of compulsory execution or enforcement of the arrest, 2. the injured person verifiably is been satisfied from assets , that was not confiscated or seized by way of arrest execution, 3 in the meantime things according to § 111 k on the injured person have been published or deposited or things according to § 111 to give out on the injured would have been 4 and this has applied for the publication before the expiry of the period referred to in paragraph 3.
At the same time, the State can exploit the Lien by the completion of the REM arrest under the provisions of the eighth book of the code of civil procedure. The proceeds, as well as deposit money fall to the State. With the recovery of payment incurred pursuant to sentence 1 null and void also in so far as the proceeds after the amount of the claim remains.
(6) the Court of first instance notes set 1 by decision under paragraph 5 the entry and the extent of State legal acquisition. § applies 111 l para 4. The decision can be challenged with the instant appeal. After legal effect of the decision, the court causes the deletion of the publications made in the Federal Gazette pursuant to paragraph 4.
(7) if the convicted person or the victim claims thereby secured satisfied affected by the seizure or the freezing injunction after expiry of the period referred to in paragraph 3, he may demand compensation up to the amount of the proceeds paid to the State. The compensation is excluded, 1 as far as the claim for payment of the State preclude under paragraph 5 sentence 1 taking into account of the proceeds received by the State or 2. If three years elapsed since the expiry of the period referred to in paragraph 3.
(8) in cases section 76a subsection 1 or 3 of the criminal code are to apply the paragraphs 2 to 7 to the procedure after the articles 440 and 441 in conjunction with § 442 paragraph 1 according to.

section 111 k is a moving thing, according to § 94 has been seized or otherwise ensure, or according to § 111 seized c paragraph 1, no longer needed for purposes of criminal proceedings, so she should are issued the injuries, where it has been withdrawn by the crime, if it is known and do not preclude third party claims. section 111f para 5 shall apply. The public prosecutor can bring about the Court's decision, if the right of the injured is not clear.

§ 111 l (1) assets that have been confiscated or seized as a result of arrest (section 111 d) according to § 111 c, may before the legal force of the judgment be sold if threatens their decay or a substantial reduction in their value or their storage, care, and conservation with disproportionate costs or difficulties. In the cases of section 111i para 2, assets that have been seized due to an arrest (section 111 d) can be sold after the judgement if this is appropriate. The proceeds shall take their place.
(2) in the preliminary proceedings and after the judgement the emergency sale is arranged by the public prosecutor's Office. This power is their identifying persons (§ 152 of the courts Act) if the subject-matter threatens to spoil before the decision of the public prosecutor's Office may be able.
(3) after bringing the public action, the arrangement meets the Court dealing with the main issue. This authority is the public prosecutor's Office if the subject threatens to spoil before the Court's decision can be achieved; Paragraph 2 sentence 2 shall apply accordingly.
(4) the accused, the owners and other rights to the goods which are to be heard before the arrangement. The arrangement as well as time and place of the sale shall them executable, this seems, to communicate.
(5) the emergency sale is performed according to the regulations of the code of civil procedure concerning the exploitation of a repossessed thing. In the place of the enforcement court (article 764 of the civil procedure code) sentence 2 is the public prosecutor's Office, in the cases of paragraphs 2 and 3 in the cases of paragraph 3 sentence 1 that with the main thing worked on Court. Recovery permitted under section 825 of the civil procedure code can be arranged on its own initiative or at the request of the persons referred to in paragraph 4, in the case of paragraph 3 sentence 1 also at the request of the public prosecutor's Office, together with the emergency disposal, or subsequently. If deemed appropriate, the emergency sale can be done in other ways and by a person other than the bailiff.
(6) against the orders of the public prosecutor's Office or its discovery people, the person concerned can apply for judgment by the Court according to § 162. The articles 297 and 300, 302, 306-309, 311a and 473a shall apply mutatis mutandis. The Court in urgent cases the Chairman, may order the suspension of the sale.

section 111 m (1) that allowed seizure of a printing plant, an other font or an object within the meaning of section 74d of the criminal code 111 b paragraph 1 not be arranged according to §, if its adverse consequences, in particular the risk of public interest in instantaneous dissemination seem out of proportion to the importance of the matter.
(2) ausscheidbare parts of Scripture, containing nothing punishable, are excluded from seizure. The seizure may be further limited in the arrangement.
(3) in ordering the seizure are places of Scripture, that give rise to the seizure, to call.
(4) the seizure can be averted as a result that the interested party excludes the portion of the book, which gives rise to the seizure, by the reproduction or distribution.

section 111n (1) seizing a periodic print work or one him the same item within the meaning of section 74d of the criminal code may be arranged only by the judge. The seizure of other tort within the meaning of section 74d of the criminal code or of other pressure plant can be arranged at the imminent danger by the public prosecutor's Office. The arrangement of the public prosecutor's Office shall cease to force if it is confirmed within three days by the judge.
(2) the seizure is to remove, if not within two months, the public complaint or independent confiscation has been submitted. The period referred to in sentence 1, due to the specific scope of the investigation is not sufficient, the Court at the request of the public prosecutor can extend the period for another two months. The request can be repeated once.
(3) as long as neither is been the public lodge a complaint nor requested the independent confiscation, seizure should be repealed when the Prosecutor requested it.

section 111o (1) grounds for believing exist that are the conditions for the imposition of a financial penalty, the REM arrest can be arranged because of this.
(2 paragraph 1 of the Civil Procedure Code apply) §§ 917 928, 930-932, 934 accordingly. Of the arrest warrant is an amount of money to determine, through its deposit blocked enforcement of the arrest and entitles the debtor to the request for waiver of the arrest which took place. The amount determined according to the circumstances of the individual case, especially after the expected amount of capital punishment. This can be estimated. The application order of arrest shall contain the facts necessary for the determination of the amount of money.
(3) to the arrangement of the arrest because of a capital punishment, only the judge, at risk in the absence may the public prosecutor's Office. The Prosecutor made the arrangement, so she applied for the judicial confirmation of the order within a week. The accused may at any time request the judicial decision.
(4) as far as the enforcement of the arrest in movable property is cause due to a financial penalty, section 111f, paragraph 1 shall apply mutatis mutandis.
(5) In addition § find 111b para 3, § 111es par. 3 and 4, section 111f para 2 and 3 sentences 2 and 3, as well as the sections 111 g and 111 h application.

section 111 p 
(1) under the conditions of section 111o para 1, the assets of the accused can be placed with fittings, if the penalty the expected asset in terms of type or amount of assets or for other reasons by an arrest order appears uncertain after section 111o.
(2) the seizure shall be limited if this is sufficient under the circumstances, especially after the amount of the financial penalty, expected to ensure their enforcement to individual assets.
(3) with the arrangement of the seizure of assets, the accused loses the right to manage the assets in fitting and have about inter vivos. In the arrangement, the hour of the seizure shall be indicated.
(4) para 2, § 293 shall apply section 111 b paragraph 3, section 111o para 3, §§ 291, 292.
(5) the asset manager has the Prosecutor and the Court on all findings obtained within the framework of the management of the assets that can serve the purpose of seizure to make communication.
Ninth section arrest and provisional detention section 112 (1) pre-trial detention must be arranged against the accused, if he indeed much is suspicious and is a primer. She can be ordered, if the improvement and assurance out of proportion to the importance of the matter and the expected sentence or detention order.
(2) a primer is, if 1 is determined on the basis of certain facts, that the accused absconds or is hidden, the danger 2. in evaluating the circumstances of the case, that the accused will elude (escaping), or 3. the criminal behavior of the accused justified the urgent suspicion, he'll be a) destroy evidence, change, create aside, suppress or falsify or b) on fellow defendants , Witness or expert in unfair act or c) others cause to such behavior, and therefore the danger looms, making the investigation more difficult the truth will (danger of blackout).
(3) against the accused of an offence according to § 6 para 1 No. 1 of the international penal code or section 129a, paragraph 1 or paragraph 2, also in connection with article 129 b of paragraph 1, or according to the sections 211, 212, 226, 306b or 306c of the Penal Code or, as far as life or limb of another is been threatened by the Act, is highly suspicious according to § 308 para 1 to 3 of the Penal Code , may be also arranged custody, if a custody reason not referred to in paragraph 2.

section 112a (1) an is primer even if the accused is strongly suspected, 1 an offence under the articles 174, 174a, reviewed 176 to 179 or under section 238, paragraph 2 and 3 of the Penal Code or 2. or continue an offence severely affecting the legal system under the §§ 89a, 89 c paragraphs 1 to 4, after section 125a, after the sections 224 and 227, according to §§ 243, 244 , 249-255, 260, according to § 263, after the sections 306 to 306 c or section 316a of the Penal Code or article 29, para. 1 No. 1, 4, 10 or para 3, § 29a, subsection 1, section 30, paragraph 1, of having committed section 30a, paragraph 1 of the law on Narcotics, and certain facts the risk justify, that he before final sentencing will commit more significant such offences or continue the offence , the detention to stave off the impending danger is required and in the cases of paragraph 2 to expect a custodial sentence of more than one year. In the assessment of the urgent suspicion of an offence within the meaning of the sentence are also such acts to include 1 number 2, are or have been the subject of other, also legally completed procedures.
(2) paragraph 1 shall not apply and the conditions for the suspension of the operation of the arrest warrant if the conditions for issuing an arrest warrant pursuant to § 112 under § 116 sec. 1, 2 have not been met.

Article 113 (1) is the Act only with imprisonment up to six months or threatened with fines up to one hundred eighty daily rates as pre-trial detention due to blackout risk may be ordered.
(2) in such cases pre-trial detention due to risk of flight may only be ordered, when the 1 accused is already had withdrawn from the procedure has made preparations to flee, 2nd in the territorial scope of this Act has no permanent place of residence or stay or about his person not can identify themselves 3..

§ 114 (1) pre-trial detention is ordered by written warrant of the judge.
(2) in the arrest warrant are 1 the accused, 2. the fact, which he strongly suspect is time and place their ascent, the legal characteristics of the offence and the applicable sanctions, 3. the primer as well as 4 the facts from which the urgent suspicion and the primer is as far as the State security will endanger not.
(3) if the application of § 112 para 1 sentence 2 is close or the accused relying on this provision, the reasons for this are to indicate that it was not adopted.

section 114a is the accused handed over a copy of the arrest warrant for arrest; He not sufficiently mastered the German language, he also receives a translation into a language understandable for him. The handing of a copy and any translation is not possible, immediately in a language understandable for him to tell him, what are the reasons for the arrest and the accusations against him are collected. In this case, the delivery of the copy of the arrest warrant as well as any translation is immediately catching up to do.

section 114 b (1) the arrested suspect is to instruct without delay and in writing in a language it understood his rights. A written notice is clearly not sufficient, an oral instruction has to be carried out. Is to proceed if a written notice is not possible; She should however be rescheduled if possible in a reasonable manner. The accused should confirm in writing that he has been taught If he refuses, this is documented.
(2) in the notice referred to in paragraph 1, the accused it is to point out that he 1 is immediately to demonstrate no later than on the day after the seizure, the Court has to hear him and decide about his continued detention, 2. has the right to express themselves to the accusation or to testify to the thing, 3. to his relief can apply for individual evidence, 4th at any time , even before his interrogation, a defender to be elected by him questioning can, 4a.
in the cases of article 140, paragraph 1 and 2 the appointment of a defence counsel in accordance with article 141, paragraph 1 and 3 can claim, 5 has the right to request the examination by a physician or a physician of his choice, 6 can notify a family member or a person of his confidence, as far as the purpose of the study this is not endangered, can apply for 7 in accordance with article 147, paragraph 7 , Information and copies of the documents to get as far as he has no defenders, and 8 while maintaining the pre-trial detention after screening before the competent judge a) a complaint against the warrant can insert or apply for a detention (article 117, paragraph 1 and 2) and an oral hearing (§ 118 paragraph 1 and 2), b) Unstatthaftigkeit the complaint can request a court decision pursuant to section 119 paragraph 5 and c) against administrative decisions and measures in the implementation of the pre-trial detention a court decision pursuant to section 119a sales 1 can apply for.
The accused is to indicate the inspection right of defender after § 147. A suspect is not sufficiently powerful to the German language or that is hearing impaired or tongue-tied, is in a language which he understands to indicate, that he can claim the free assistance of an interpreter or translator in accordance with of article 187 paragraph 1 to 3 of the courts act for the entire criminal proceedings. A foreign national is to instruct, that he may require to inform the consular post of his home State and to send these messages.

section 114c (1) is an arrested suspect immediately to give opportunity to notify a family member or a person of his confidence, unless the purpose of the study this is not endangered.
(2) is against a suspect arrested after the demonstration before the Court arrest carried out, the Court has the immediate notification of one of its nationals or a person of his confidence to order. The same obligation in any further decision on the continuation of detention.

§ 114 (1) the Court communicated the responsible for the accused correctional facility with the recording requests for a copy of the arrest warrant. Also it shares the Prosecutor leading the procedures and competent court according to § 126, 2. you with 1 the people who has been informed pursuant to § 114 c, 3. decisions and other measures to section 119 paragraph 1 and 2, 4 for more expediency the process decisions, as necessary for the fulfilment of the tasks of the correctional facility, 5. trial dates and findings resulting from them , which are necessary for the fulfilment of the tasks of the correctional facility, 6 the timing of the legal force of the judgment as well as 7.
other personal data of the accused, are required for the fulfilment of the tasks of the prison, particularly those about his personality and more relevant criminal proceedings.
Sentences 1 and 2 apply to changes of the communicated facts according to. Messages be avoided insofar as the facts of the correctional facility are already known.
(2) the public prosecutor's Office supported the Court in carrying out its duties pursuant to paragraph 1 and tells No. 7 as well as decisions taken by her and other measures under article 119, paragraph 1 and 2 sentence 2 the correctional facility by its own initiative in particular, data referred to in paragraph 1. In addition, sent the Prosecutor a copy of the indictment of the correctional facility and communicated the indictment by the Court according to article 126, paragraph 1.

§ 114e sent the prison to the Court and by virtue in the execution of pre-trial detention findings gained the public prosecutor's Office, as far as these are from the perspective of the correctional facility for the fulfilment of the tasks of the recipient of importance and not already otherwise known have become of them. Other powers of the correctional facility, communicated findings to the Court and the Prosecutor, shall remain unaffected.

Section 115 (1) of the accused on the basis of the arrest warrant is taken, so he is immediately the competent court to demonstrate.
(2) the Court has the accused immediately after the screening, at the latest on the next day, to hear about the subject of the accusation.
(3) in the case of the interrogation, the accused on the circumstances of burdening him and his right to point out, to comment on the accusation or not to the thing to say is. Is it give the opportunity, to invalidate the suspicion - and grounds for detention and to assert the facts which speak on his behalf.
(4) if the detention is maintained, so is the accused of the right of appeal and the other remedies (article 117, para. 1, 2, article 118, paragraph 1, 2, § 119 paragraph 5, article 119a, para. 1) to teach. Section 304, para. 4 and 5 shall remain unaffected.

section 115a (1) the accused can be presented not later than on the day after the seizure of the Court, he is immediately to demonstrate the next District Court not later than on the day after the seizure.
(2) the Court has the accused immediately after the screening, at the latest on the next day, to hear. Section 115 para 3, used for questioning as far as possible. Results from the questioning, that lifted the arrest warrant its annulment by the public prosecutor's Office requested (§ 120 para 3) or the actions taken is not the person named in the warrant, the action is to release. This had objections that are not manifestly unfounded, otherwise against the arrest warrant or the enforcement or the Court has concerns about the maintenance of the prison, so it tells immediately and on the fastest ways displayed under the circumstances these the competent court and the public prosecutor; the court forthwith if the arrest warrant is to pick up or be put out of law enforcement.
(3) if the accused is not released, he is so on his desire to show off the Court for questioning after § 115. The accused is pointing to this right and to teach in accordance with article 115, paragraph 4.

Section 116 (1) the judge suspends the enforcement of an arrest warrant, which is justified only because of risk of flight, if less drastic measures sufficiently justify the expectation that the purpose of pre-trial detention can be achieved also through them. Come especially considering 1 the statement to sign, at certain times when the judge, the public prosecutor's Office or a service center designated by them 2 the statement, the place of residence or stay, or a specific area without permission of the judge or the public prosecutor's Office to leave, 3. the instruction to leave the apartment only under supervision of a particular person, 4. reasonable guarantee by the accused or another.
(2) the judge may suspend also enforcing an arrest warrant, which is justified because of danger of blackout, if less drastic measures sufficiently justify the expectation that they will significantly reduce the risk of blackout. Namely the statement that fellow suspect, witness or expert to take on no connection comes into consideration.
(3) the judge may suspend the execution of an arrest warrant, which was issued according to article 112a, if the expectation is sufficiently established that the accused comply with specific instructions and this achieves the purpose of detention.
(4) the judge of the paragraphs 1 to 3 arranges in cases the execution of the arrest warrant, if 1 the suspect grossly contravenes the obligations imposed on him or restrictions, 2. the accused meets institutions to escape, fails to properly charge without sufficient excuse or otherwise shows that the trust placed in him was not justified, or newly assigned forth circumstances the arrest warrant 3.

section 116a (1) is the security by deposit in cash money in securities, by order of pledge or guarantee of suitable persons to afford. Any deviating provisions in a regulation adopted under the Act about the payments with courts and judicial authorities remain unaffected.
(2) the judge shall determine amount and type of security discretion.
(3) the accused who requested the suspension of the operation of the arrest warrant against security and does not live in the territorial scope of this Act, is required to empower a person residing in the District of the Court to receive deliveries.

section 116 b which is enforcement of pre-trial detention enforcement the extradition arrest, the provisional extradition arrest, the detention and the Zurückweisungshaft before. The other custodial measures enforcement going on the enforcement of pre-trial detention, unless the Court makes a different decision, because the purpose of pre-trial detention requires this.

Section 117 (1) as long as the accused in pre-trial detention, he may request at any time the judicial review if the arrest warrant is (detention) to cancel or to suspend its enforcement section 116.
(2) in addition to the request for detention, the complaint is inadmissible. The right of appeal against the decision that was made on the application, shall remain unaffected thereby.
(3) the judge may order individual investigations, which are for the future decision to maintain custody of importance, and carry out a new test after conducting these investigations.
(4) (dropped out) (5) (dropped out) section 118 (1) at the detention is at the request of the accused or at the discretion of the Court Office after an oral hearing decided.
(2) is set against the arrest warrant appeal, can be made also in appeal proceedings at the request of the accused or his/her own initiative after an oral hearing.
(3) is the pre-trial detention maintained after an oral hearing has been so the accused entitled to further oral proceedings only, if the detention has lasted at least three months and since the last hearing at least two months.
(4) a hearing not entitled to, as long as the trial lasts or a custodial sentence or a custodial measure of improvement and assurance recognizes that if a judgment.
(5) the oral proceedings is carried out immediately; She may convened not more than two weeks after the receipt of the application without the consent of the accused.

section 118a (1) by location and time of the hearing are to notify the public prosecutor's Office and the suspect and the Defender.
(2) the accused is to demonstrate to the hearing, unless he has waived the presence at the hearing or that distances or illness of the accused or obstacles not to leave others oppose the demonstration. The Court may order that takes place, the accused in a place other than the Court to stop under the conditions of sentence 1 the oral proceedings in the manner and simultaneously transmitted the negotiating in image and sound in the place in which the accused resides, and in the meeting rooms. The accused to the hearing is not demonstrated and not proceed pursuant to sentence 2, so a defender must exercise their rights in the trial. In this case, a defender is him for the hearing to order if he has still no defenders. The sections 142, 143 and 145 shall apply mutatis mutandis.
(3) at the hearing, the Parties present can be heard. Nature and extent of evidence determines the Court. Of the proceedings, a transcript is to record; the sections 271 to 273 shall apply mutatis mutandis.
(4) the decision is at the end of the hearing to announce. This is not possible, the decision no later than within one week is to be issued.

section 118B for the request for detention (sections 297 and 300 and 302 apply paragraph 2 according to § 117 paragraph 1) and the request for oral proceedings.

§ 119 
(1) insofar as this is necessary to prevent of an escape, black - or risk (§§ 112, 112a), restrictions can be imposed on a detained suspect. In particular can be arranged that 1 receive visits and telecommunications of the permission need 2 to monitor visits, telecommunications as well as the writing and package transport, 3. passing objects during visits requires the permission, 4. the accused from individual or all other detainees separated is, 5. the co-location and shared accommodation with other inmates is restricted or excluded.
The Court meets the regulations. The order in a timely manner are brought, the public prosecutor's Office or the correctional facility may take a provisional arrangement. The arrangement is to present the Court within three working days for approval, unless it has settled in the meantime. The accused is to put orders in knowledge. The arrangement includes the authorization no. 2 pursuant to sentence 2, to cancel visits, and telecommunications, as well as to stop writing and packages.
(2) the execution of the orders is the issuing authority. The Court onto revocable the execution orders issued by the public prosecutor, who can use when you run the help through their discovery people and the correctional facility. The transfer is final.
(3) is the monitoring of telecommunications arranged 1 sentence referred to in paragraph 2 No. 2, is the intended monitoring to inform the interlocutors of the accused immediately after the connection is made. The communication can be done by the accused himself. The accused is in time before the telecommunications to the duty to inform.
(4) sections 148, 148a remain unaffected. You apply for the transport of the accused with 1 the competent probation, 2. the competent management authority, 3. the competent court assistance, 4. the elected assemblies of the Federal and State Governments, 5. the Federal Constitutional Court and the competent State constitutional court, 6 the competent Ombudsman of a country, 7 the Federal Commissioner for data protection and freedom of information , the bodies responsible for the monitoring of compliance with the rules on data protection in the countries of the countries and the supervisory authorities according to § 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. the European Commission against racism and intolerance, 15 the Human Rights Committee of the United Nations, 16 the committees of the United Nations for the Elimination of racial discrimination and the Elimination of discrimination against women, 17 the United Nations Committee against torture, the relevant Subcommittee for the prevention of torture and the corresponding national preventive mechanisms, 18 the in section 53, paragraph 1, sentence 1 No. 1 and 4 persons referred in the designated content , 19 unless the Court directs otherwise, a) the Advisory Councils at the prisons and b) the consular representation of the country of his origin.
The authority referred to in paragraph 2 shall take the measures that are necessary to determine the existence of conditions pursuant to sentences 1 and 2.
(5) against decisions issued under that provision, or other measures, judicial decision may be made, if not the appeal of the appeal is allowed. The application has no suspensive effect. The Court may make but preliminary orders.
(6) paragraphs 1 to 5 shall apply even if enforced against a suspect against the pre-trial detention is ordered, another measure involving deprivation of liberty (section 116 b). Also in this case, the jurisdiction of the Court is determined according to § 126.

section 119a (1) against an official decision or action in the enforcement of pre-trial detention may be requested by judicial decision. A court decision may also be made when happened to a regulatory decision requested in the implementation of the pre-trial detention, within a period of three weeks.
(2) the application for judicial decision has no suspensive effect. The Court may make but preliminary orders.
(3) against the decision of the Court, also the body responsible for the vollzugliche decision or measure can raise complaints.

Section 120 (1) which is warrant to repeal as soon as the conditions of pre-trial detention no longer exist or are results that would be the more pre-trial detention on the importance of the matter and the expected sentence or detention order of improvement and assurance out of proportion. He is notably to repeal, is acquitted the accused rejected the opening of the main proceedings or the proceedings not merely provisionally discontinued.
(2) by filing an appeal, the release of the accused must not be stopped.
(3) the warrant is also to pick up when the Prosecutor requested it before bringing the public action. At the same time with the request the public prosecutor's Office may order the release of the accused.

Section 121 (1) as long as no judgment which recognizes freedom penalty or a custodial measure of improvement and assurance, allowed the enforcement of pre-trial detention for same offence over six months, only be maintained if the special difficulty or special scope of investigation or another important reason still not allow the ruling and justify the continuation of detention.
(2) the arrest warrant is to remove, if not the execution of the arrest warrant is suspended after section 116 or the court orders the continuation of detention in the cases of referred to in paragraph 1 after the expiry of the six months.
(3) be the files submitted to the High Court before the expiry of the period referred to in paragraph 2, the period of allowable is suspended pending its decision. The hearing began before the period has expired, the period of allowable rests until the judgment. Is exposed to the trial and the files immediately presented the Court of appeal after the suspension, so the period of allowable also suspended until its decision.
(4) in cases where a criminal is responsible according to section 74a of the Judicature Act, the higher regional court competent under article 120 of the Court Constitution Act, decides. In things in which, a Court of appeal is responsible according to the § § 120 or 120 b of the Judicature Act, the Federal Supreme Court takes its place.

Article 122 (1) in the cases of § 121 sets the competent court the files through the public prosecutor's Office the Court of appeal to the decision before, if it deems necessary the continuation of detention or the public prosecutor's Office requested it.
(2) prior to the decision, the suspect and the Defender are heard. The Court of appeal may decide upon the continuance of pre-trial detention after an oral hearing; This happens Article 118a shall apply mutatis mutandis.
(3) the court orders the continuation of detention, article 114, paragraph 2 applies according to no. 4. For further examination of imprisonment (§ 117 paragraph 1) is the Court of appeal, until a judgment is issued, which recognizes freedom penalty or a custodial measure of improvement and assurance. The Court, which is responsible under the General rules for this, can transfer the detention for the time each not exceeding three months. In the cases of § 118 paragraph 1, the Court of Appeal decides a request for oral proceedings at its discretion.
(4) the examination of the conditions laid down in article 121, paragraph 1 is reserved for the higher regional court in the proceeding. The test must be repeated after three months at the latest.
(5) the Court may suspend the execution of the arrest warrant after section 116.
(6) several accused persons in pre-trial detention, are on the same matter as the higher regional court may decide on the continuance of pre-trial detention of also such suspects, for it would still not responsible after § 121 and the preceding regulations.
(7) the Federal Supreme Court to decide is responsible, this takes the place of the Oberlandesgericht.

the enforcement of detention may not longer than one year be maintained if it is based on the Primer of the section 112a § 122a in the cases of § 121 paragraph 1.

Section 123 (1) is a measure that is the suspension of the detention operation (section 116), to repeal 1. the arrest warrant is set aside, or 2. the pre-trial detention or the recognized custodial sentence or custodial measure of improvement and assurance is completed.
(2) under the same conditions, a yet unexpired security is free.
(3) a person who has provided security for the accused, can their share gain this, he either within a period to be determined by the court causes the presentation to customs of the accused or in time tells the facts giving rise to the suspicion of a flight intended by the accused, that the accused can be arrested.

§ 124 
(1) a not yet released security lapses the Treasury if the accused withdraws the investigation or the commencement of the recognized custodial sentence or detention order of improvement and assurance.
(2) prior to the decision are the accused, as well as the one which has done security for the accused to ask to a declaration. Against the decision, only the immediate appeal is to them. Before the decision on the appeal, opportunity to the oral reasons of their applications, as well as to discuss about carried out investigations is to give them and the public prosecutor's Office.
(3) the decision speaking out the foreclosure has the effects of a final civil final judgment against those which security has provided for the accused, the effects of adopted by the civil judge, declared provisionally enforceable final judgment and after the expiry of the appeal period.

Section 125 (1) before bringing the public action shall judge at the District Court in whose district a jurisdiction founded or the accused resides, at the request of the public prosecutor's Office or, if a prosecutor cannot be reached and the imminent danger is, of its own motion the arrest warrant.
(2) after bringing the public action, the Court, which deals with the matter, makes the arrest warrant and, if revision is inserted, the Court, whose ruling is challenged. In urgent cases, the Chairman may issue the arrest warrant.

Section 126 (1) before bringing the public action is for the other court decisions and measures on pre-trial detention, suspension of operation (section 116), their enforcement (section 116 b) as well as applications under section 119a refer to the Court responsible, which issued the arrest warrant. The appellate court issued the arrest warrant, so the Court has jurisdiction, that its previous decision. The preparatory procedure in a different location or taken custody somewhere else, so the Court can transfer its jurisdiction at the request of the public prosecutor's Office on the district court competent for this place. Is divided in several judicial districts the Government determined the competent District Court by Decree. The provincial government can confer on the land administration of Justice this empowerment.
(2) after bringing the public action, the Court has jurisdiction, which deals with the matter. During the revision process, the Court has jurisdiction, whose ruling is challenged. In particular to section 119, the presiding officer at individual measures. In urgent cases, he can pick up even the arrest warrant or suspend the enforcement (section 116), if the Prosecutor agrees; otherwise is to bring the Court's decision without delay.
(3) the Court may waive the warrant when it picks up the judgment and resulting in this decision easily, that the requirements of section 120 para 1 are.
(4) sections 121 and 122 shall remain unaffected.

§ 126a (1) urgent reason to believe exist that anyone have any unlawful act in a State of guilt inability or reduced ability of fault (§§ 20, 21 of the Penal Code) has committed and that his accommodation in a psychiatric hospital or a withdrawal facility will be assigned to the Court by placing command may order the provisional accommodation in one of these institutions, when the public safety requires it.
(2) the sections 114 to 115a, 116 para 3 and 4 apply for temporary housing, §§ 117-119a, 123, 125 and 126 according to. The sections 121, 122 shall apply mutatis mutandis with the proviso that the Court checks whether the conditions of the interim accommodation continues to exist.
(3) the accommodation command is to remove, if the conditions of temporary accommodation no longer exist or if the Court in the judgment not arranges accommodation in a psychiatric hospital or a detox facility. Through an appeal, the release may not be stopped. § 120 para 3 shall apply mutatis mutandis.
(4) the housed has a legal representative or a representative within the meaning of § 1906 5 of the civil code, decisions are so pursuant to paragraph 1 to 3 to announce this also.

Section 127 (1) is someone red-handed affected or pursued, will, if he is suspicious of the escape or can not immediately discovered his identity, anyone authorized him without warrant provisional arrest. The identity of a person by the public prosecutor or the officer of the police service determined is according to § 163 b subsection 1 (2) which are public prosecutor's Office and the officials of the police service at the imminent danger even to the provisional arrest authorized, if the conditions of an arrest warrant or a housing command.
(3) a criminal offence only on request is trackable, the provisional arrest is also permissible if an application is not yet. This applies accordingly if a criminal offence only with authorisation or at the request of punishment is trackable.
(4) the section 114a shall apply for the provisional detention by the public prosecutor's Office and the officials of the police service to 114 c.

section 127a (1) has no fixed domicile or residence of the accused within the territorial scope of this Act and the provisions of an arrest warrant only because of risk of flight, so can be to order his detention or to maintain, if the accused a reasonable security for the penalty to be expected and the costs of the proceedings makes 1 not so that is to be expected, that is due to the fact a custodial sentence imposed or arranged a custodial measure of improvement and assurance and 2nd refrained.
(2) paragraph 1 and 3 shall apply mutatis mutandis paragraph 116a.

section 127 to the provisional arrest one red-handed even empowered b (1) which are public prosecutor's Office and the officials of the police force concerned or persecuted, if 1 is probably a prompt decision in accelerated and 2. on the basis of certain facts, is that the arrested will stay away from the trial.
The section 114a to 114c shall apply mutatis mutandis.
(2) a warrant (section 128 paragraph 2 sentence 2) may only be for the reasons of in paragraph 1 against the fact strongly suspects if you expect the implementation of the main hearing within a week after the arrest. The arrest warrant is limited to no more than one week from the day of the arrest.
(3) for the adoption of the arrest warrant, he must decide competent judges for the implementation of the accelerated procedure.

Article 128 (1) who is arrested, if not again used in freedom, without delay, to demonstrate the judge at the District Court in whose territory he is arrested, at the latest on the day of the arrest. The judge hearing the judge considers the arrest of the presented pursuant to § 115 para 3 (2) not justified or so he arranges the release their reasons for removed. Otherwise he shall issue a warrant or a housing command at the request of the prosecution or, if a Prosecutor is not reachable, officio. Section 115 subsection 4 shall apply mutatis mutandis.

Article 129 is raised against the detainees already the public action, he is either immediately or on the disposal of the judge, which he has first been presented to demonstrate the competent court; This has no later than on the day after the arrest of release, to decide arrest or provisional accommodation of the arrested.

An arrest warrant is issued on suspicion of a criminal offence which is traceable only upon request, section 130, before the application is made, so the eligible multiple is at least one to put immediately of the adoption of the arrest warrant in knowledge and to teach that the arrest warrant will be lifted if the request should not exceed a week within a period to be determined by the judge, , is provided. Complaint is not lodged within the time limit, the arrest warrant is so to pick up. This applies accordingly if a criminal offence only with authorisation or at the request of punishment is trackable. § 120 para 3 shall apply.
9A. section further measures to ensure the prosecution and enforcement section 131 (1) on the basis of an arrest warrant or a housing command to the judge or the public prosecutor's Office and, if there is danger in delay, their identifying persons (§ 152 of the courts Act) cause the tender for the arrest.
(2) a warrant or accommodation command conditions are met, whose adopted can be maintained without risk of police success so their discovery people (§ 152 of the courts Act) and the public prosecutor's Office can prompt measures referred to in paragraph 1, if this is necessary for the provisional arrest. The decision on the adoption of the prison or accommodation command is immediately to bring about at the latest within one week.
(3) in the case of a crime of considerable importance of paragraphs 1 and 2 of the judges and the public prosecutor's Office can cause in cases also public alerts, if other forms of determining stay were significantly less success promising or substantially more difficult. This power to the imminent danger is under the same conditions, and if the judge or the public prosecutor's Office can be reached in a timely manner to the discovery people of the prosecution (§ 152 of the courts Act). In the cases of the set 2, the decision of the public prosecutor's Office is to bring about without delay. The arrangement override occurs when this confirmation within 24 hours.
(4) the accused is to describe as accurately as possible and where necessary to describe; a figure must be added. The fact, which he is suspected, place and time and circumstances that can be for the seizure of importance, can be specified.
(5) § § 115 and 115a shall apply mutatis mutandis.

§ 131a (1) the tender for determining residence an accused person or a witness may be arranged if whereabouts is not known.
(2) paragraph 1 also applies to tenders of the accused, insofar as they are necessary to ensure a driver's license, to the criminal treatment, making a DNA analysis or identification purposes.
(3) on the basis of a tender procedure for determining residence of a suspect or witness also a public Manhunt may be arranged at a crime of major importance, if the accused of the Commission of the offence is strongly suspected and otherwise stay at Discovery would be significantly less success promising or substantially more difficult.
(4) section 131, paragraph 4 shall apply mutatis mutandis. Stay a witness shall be determined to make, that the person of not accused is recognizable. The public wanted is omitted after a witness, when vast sensitive interests of witnesses are opposed. Pictures of the witness may be performed only as far as the residence determination otherwise would be impossible or substantially more difficult.
(5) calls for proposals may be made pursuant to paragraphs 1 and 2 in all investigation tools of law enforcement.

§ 131 b (1) the publication of illustrations of an accused person who is suspected of a criminal offence of major importance is also permissible if the elucidation of a crime, in particular the identification of an unknown offender otherwise would be considerably impeded promising or much less success.
(2) the publication of pictures of witnesses and hints of the publication are underlying criminal proceedings if reconnaissance hopeless or much more difficult in particular the identification of the witness, otherwise a crime of considerable importance, would be also permissible. The publication must make it visible that the depicted person of not accused is.
(3) section 131, paragraph 4, sentence 1 first half sentence and sentence 2 shall apply accordingly.

§ 131c (1) may searches according to § 131a, para. 3 and art. 131 b only by the judge, in danger in delay by the public prosecutor's Office and their identifying persons (§ 152 of the courts Act) are arranged. Searches require according to § 131a, sections 1 and 2 of the order by the Prosecutor; at the imminent danger they may be arranged also by their identifying persons (§ 152 of the courts Act).
(2) in cases of continuous publication in electronic media as well as repeated publication in television or in periodic pressure works, the arrangement of the public prosecutor's Office and their investigation persons (§ 152 of the courts Act) is set 1 override referred to in paragraph 1, if she is confirmed within a week by the judge. In addition, investigation orders of the discovery people of the prosecution (§ 152 of the courts Act) override occur if they are confirmed by the public prosecutor's Office within a week.

Section 132 (1) the accused is urgently suspected a criminal offence within the territorial scope of this Act has no fixed place of residence or stay, the conditions of an arrest warrant is not available but, so can be that the 1 accused provides an adequate security for the penalty to be expected and the costs of the proceedings and 2. authorizes a person residing in the District of the Court to receive deliveries arranged to ensure the implementation of the criminal proceedings.
section 116a, paragraph 1 shall apply mutatis mutandis.
(2) the order may only the judge, at risk in arrears meet their identification people (§ 152 of the courts Act) and the public prosecutor's Office.
(3) the defendant fails to comply with the arrangement as means of transport and other things, that the accused with guides and belong to him, can be confiscated. The sections 94 and 98 shall apply mutatis mutandis.
9B. section temporary profession are section 132a (1) urgent reasons to believe exist that a professional disqualification is arranged is (article 70 of the Penal Code), so the judge may prohibit the defendant provisionally by decision the exercise of the profession, profession, industry or trade branch. § 70 para 3 of the Penal Code shall apply mutatis mutandis.
(2) the provisional prohibition of the profession is to repeal, if his reason has been dropped, or if the Court in the judgment not arranges the employment ban.
Tenth section section 133 (1) who is accused for questioning in writing to download interrogation of the accused.
(2) the charge can be done under the threat that his presentation would be in case of the absence.

Section 134 (1) the immediate screening of the accused can be has if you have grounds which would justify the issuing of an arrest warrant.
(2) in the show command, the accused is just to call and the him to load specified offence as well as the reason of the screening to specify.

§ 135 which is accused to demonstrate the judge without delay and to hear of this. He may be no longer held due to the projection command as the end of the day, following the start of the demonstration.

Section 136 (1) at the beginning of the first interrogation is the accused to open what deed is laid him to load and what sanctions into account come. It is to point out that according to the law stand free him, to comment on the accusation, or not to testify to the point and at any time, even before his interrogation, one to ask to be elected defender of him. He is also to teach, that can he apply for individual evidence to his discharge and the conditions under article 140, paragraph 1 and 2 the appointment of a defence counsel article 141, paragraph 1 and 3 claim in accordance with. The accused also sure that he in writing can express themselves, and are advised of the possibility of offender victim compensation should in appropriate cases.
(2) the hearing the accused to give opportunity to eliminate the present against him grounds for suspicion and to assert the facts speaking on his behalf.
(3) in the case of the first interrogation of the accused, carefully at the same time is to take on the determination of the individual circumstances.

§ 136a (1) which allowed freedom of will's resolution and will operate of the accused not affected are abuse, by fatigue, physical intervention, by administration of means, through torture, by deception or hypnosis. Coercion may be applied only so far as the criminal law. The threat to be an inadmissible according to its rules and the promise of an advantage not provided by law are prohibited.
(2) measures affecting the memory or the ability of the accused are not permitted.
(3) the prohibition of paragraphs 1 and 2 shall apply without regard to the consent of the accused. Statements which are established in violation of this ban, may cannot be used even then, if the suspect agrees to the exploitation.
Eleventh section defense section 137 (1) who may suspect to themselves in any position of the procedure of assistance of a defence counsel. The number of the chosen Defender must not exceed three.
(2) the accused has a legal representative, it can independently choose a defender. Paragraph shall apply accordingly 1 sentence 2.

Lawyers may section 138 (1) to defenders as well as the teacher of law at German universities in the sense of the Hochschulrahmengesetz with the qualification of judgeship.
(2) other persons can be selected only with the permission of the Court. The selected person in the case of defence does not belong to the people who may be ordered to defenders, she can be admitted only in community with such as choice defenders.
(3) can witness, Prosecutor, civil action, use Nebenklagebefugte and wounded of an attorney as counsel or represented by such a can, you can choose also the other referred persons set 1 in accordance with paragraphs 1 and 2.

§ 138a (1) a defender to exclude from participation in the proceedings, if it is urgent or suspicious in a grade that is justifying the opening of the main proceedings, that he 1 the Act forming the subject of the investigation is involved, 2.
the traffic with the free foot abused the accused to do so, to commit crimes or to compromise the security of a correctional facility, or 3 has committed an act which would be favoring, penalty thwarting or handling stolen goods in the event of the conviction of the accused.
(2) from the participation in a process that has a criminal offence according to § 129a, also in connection with article 129 b para. 1, of the Penal Code on the subject, a defender is also excluded if certain facts justify the suspicion that one of the No. 1 and 2 described in paragraph 1 actions committed or commits.
(3) the exclusion should be repealed 1 once their conditions are no longer met, but not alone for this reason, because the accused has been placed on free foot, 2 If the defender in one because of the facts of the case, which has led to the exclusion, opened trial acquitted or if a culpable violation of professional conduct in regard to these facts is not determined in a decision of the Honorary or professional Court , 3. If is been not later than one year after the exclusion because of the facts of the case, which has led to the exclusion, opened the proceedings in the criminal proceedings or the honour - or profession-judicial procedures or issued an indictment.
Temporary, at the latest however total for one further year, maintain an exclusion that repeal is referred to under 3, if the special difficulty or special scope of the thing or another important reason still doesn't allow the decision on the opening of the main proceedings.
(4) as long as a defender is excluded, he can't defend the accused in other legislatively mandated procedures. In other matters, he may not find the accused is not in custody.
(5) a defender, can not defend as long as he is excluded, other defendants in same procedure in other proceedings then not, according to § 129a, also in connection with article 129 b para. 1, of the Penal Code on the subject have this a criminal offence and the exclusion of a procedure, is that also has such a criminal offence subject. Paragraph 4 shall apply mutatis mutandis.

§ 138 even exclude b from the participation in a proceeding, the one who has offences referred to in no. 3 of the courts act or failure to comply with the obligations under article 138 of the Penal Code with regard to the offences of treason country or a risk of external security after the sections 94 to 96, 97a and 100 of the criminal code to the subject, in section 74a para 1 No. 3 and § 120 paragraph 1 is a defender , if on the basis of certain facts the assumption is justified that its participation would bring a threat to the security of the Federal Republic of Germany. § 138a para 3 sentence 1 No. 1 shall apply mutatis mutandis.

section 138c (1) decisions are made according to the § 138a and 138b the Court of appeal. Are the preparatory procedure the investigation conducted by the Attorney General or the proceedings before the Federal Supreme Court is pending, as the Supreme Court decides. The proceedings before a Senate of a higher regional court or the Federal Supreme Court is pending, shall decide a different Senate.
(2) the Court referred to in paragraph 1 decides after bringing the public action until final completion of the process template of the Court in which the procedure is pending, otherwise at the request of the public prosecutor's Office. The template is done at the request of the public prosecutor's Office or by virtue through the public prosecutor's Office. A defender should be excluded, which is a member of a bar association, a copy of the request of the public prosecutor's Office pursuant to sentence 1 or the template of the Court must be to inform the Executive Board of the competent bar association. This can manifest itself in the process.
(3) the Court in which the procedure is pending, may order that the rights of the defender of the paragraphs 147 and 148 to the decision of the Court about the exclusion referred to in paragraph 1 shall be suspended; It may order the suspension of these rights also for in Article 138a, par. 4 and 5 referred cases. Before bringing the public action and residents after the procedure the arrangement meets the Court, which has to decide about the exclusion of Defender pursuant to sentence 1. The arrangement is made by means of an unchallengeable order. For the duration of the arrangement, there is the Court to order an other defenders to the rights of the articles 147 and 148. section 142 shall apply mutatis mutandis.
(4) the Court in which the procedure is pending, shall submit in accordance with paragraph 2 during the main hearing, so it has the trial up to the decision by the under jurisdiction to interrupt paragraph 1 or to suspend at the same time with the template. The hearing can be interrupted up to thirty days.
(5) the Defender drops out of its own accord or at the request of the accused participating in proceedings, after has been referred to in paragraph 2, the request for exclusion against him filed or the case presented the Court jurisdiction to make the decision, as this Court may continue the exclusion procedure with the aim of determining whether the participation of retired defender in the process is allowed. The finding of inadmissibility is right in the sense of Article 138a, 138b, 138d of exclusion.
(6) is the Defender been banned from participation in the proceedings, so the costs caused by the suspension can be imposed on him. The decision is the Court in which the procedure is pending.

§ 138d (1) the exclusion of the Defender will be decided after an oral hearing.
(2) the Defender is on the date of the hearing to load. The charge period: one week; She can be reduced to three days. The public prosecutor, the accused and in the cases of § 138 c para 2 sentence 3 are the Board of Directors of the Chamber of lawyers of the date for the oral hearing to notify.
(3) the hearing can be conducted without the Defender if it has been properly loaded and pointed out in the charge that can be heard in his absence.
(4) at the hearing, the Parties present can be heard. Section 247a, paragraph 2, sentence 1 shall apply accordingly for the hearing of the Board of the Bar Association. The Court determines the amount of evidence to dutiful discretion. Of the proceedings, a transcript is to record; the sections 271 to 273 shall apply mutatis mutandis.
(5) the decision is at the end of the hearing to announce. This is not possible, the decision no later than within one week is to be issued.
(6) against the decision which a defender is excluded for the reasons referred to in Article 138a, or affecting a case of § 138 b, immediate appeal is allowed. A right of appeal is not to the Board of Directors of the Chamber of lawyers. A decision according to § 138a opposed the exclusion of Defender is not subject to appeal.

§ 139 which selected lawyer can as a defender with the consent of those who voted for him, transferred a legally qualified, has passed the first test for the judiciary and it is employed for at least one year and three months, the defense.

Section 140 (1) the participation of a defence counsel is required if 1 held the hearing at first instance before the High Court or the District Court;
2. the accused set a crime;
3. procedure may lead to a profession
4. against a suspect detention after the §§ 112, 112a or interim accommodation; enforced according to § 126a or 275a, paragraph 6
5. the accused was at least three months due to court order or judicial approval of a school and at least two weeks before the start of the trial dismissed;
6. to prepare an opinion on the mental state of the accused, his accommodation comes after article 81 in question;
7. a backup procedure; performed
8. the previous Defender by a decision of the participation in the proceedings is excluded;
9. the injured after the sections 397a and 406 g paragraph 3 and 4 a lawyer has been ordered in.
(2) in other cases, the Chairman on request or of its own motion ordered a defender, if because of the gravity of the Act or because of the difficulty of the factual or legal issues is the participation of a defence counsel, or if it is shown that the accused can not even defend themselves. The application for a hearing or impairment accused is to comply with.
(3) the appointment of a defence counsel pursuant to paragraph 1 No. 5 may be lifted if the accused is released from the institution at least two weeks before the start of the trial. The order of the Defender referred to in paragraph 1 remains no. 4 among the in paragraph 1 No. 5 if not an other defenders ordered to take effect, designated prerequisites for further proceedings.

Section 141 (1) in the cases of § 140 para 1 No. 1 to 3, 5 to 9 and paragraph 2 is the defendant, who has still no Defender, a defender appointed, as soon as it has been requested in accordance with § 201 to explain about the indictment.
(2) result later, that a defender is necessary, so he will be ordered immediately.
(3) the Defender can be ordered during the pre-litigation procedure. The Prosecutor's request, when it considers in the court proceedings, the participation of a defence counsel will be necessary under article 140, paragraph 1 or 2. After the conclusion of the investigation (section 169a), he is at the request of the public prosecutor's Office to order. In the case of § 140 para 1 No. 4 is ordered the defenders immediately enforcement after the start.
(4) decides on the order of the Chairman of the Court, that the procedure is pending for the main process responsible or where, or the Court, the judicial hearing requested by the public prosecutor in accordance with article 162, paragraph 1, sentence 1 or set 3 for one is responsible, if the public prosecutor deems to be required to accelerate the process. in the case of article 140, paragraph 1, number 4 decides the jurisdiction according to § 126 or section 275a, paragraph 6.

Section 142 shall the accused be the opportunity to call a lawyer of his choice within a period to be determined (1) before of ordering a defender. The Chairman ordered this, if no important reason in contrast.
(2) in the cases of § 140 para 1 No. 2, 5 and 9 and § 140 para 2 can also legally, which have passed the mandatory first exam for the judiciary and therein are employed for at least one year and three months, ordered for the first instance as a defender, but are not at the Court, which Richter referred them to the training.

Article 143 is the order to withdraw, if soon to choose an other defenders and this takes the choice.

section 144 (fallen away) away unzeitig section 145 (1) where in a case in which the defence is necessary, the defender at the trial fails, or refuses to lead the defense, so the Chairman has to order the defendant an other defenders immediately. The Court may decide, but also a suspension of the proceedings.
(2) is necessary defenders pursuant to § 141 para 2 is only ordered during trial, the Court may decide a suspension of the proceedings.
(3) the newly appointed Defender explains that which not would remain his time required for the preparation of the defence, to interrupt the negotiations or to suspend it.
(4) a suspension is necessary due to the fault of the Defender, this costs him so to impose.

section 145a (1) the chosen Defender, whose Vollmacht is located in the files, as well as the appointed Defender considered to be authorized to accept deliveries and other communications for the accused persons in reception.
(2) a charge of the accused may are delivered only to the Defender, if he is expressly authorized in a proxy located in the files to the receipt of cargo. section 116a para 3 shall remain unaffected.
(3) a decision provided to the defenders referred to in paragraph 1, thereof, the accused is informed; at the same time, he receives a copy of the decision informally. A decision provided to the accused, so the defenders thereof should be informed at the same time, even if a written authorization is not available in the files; There he receives a copy of the decision informally.

§ 146 a defenders can not at the same time several same facts to defend accused persons. In a process he can defend accused at the same time several different acts.

§ 146a (1) has been chosen someone as a defender, although the provisions of section 137 subsection 1 sentence 2 or of section 146, he is so as a defender must be rejected as soon as this can be measured; the same applies if the conditions of § 146 after the election. Several defenders at the same time viewing in the cases of § 137 section 1 sentence 2 your choice and is thereby exceeded the maximum number of selectable defenders, they are to reject all. The Court, in which the procedure is pending, or that would be competent for the main proceedings decides about the rejection.
(2) acts, made a defender from the refoulement, are not ineffective, because the conditions of article 137 paragraph 1 sentence 2 or of section 146.

§ 147 (1) of the Defender is authorized, the files that are before the Court or to present this in the case of collecting the charges would be, to see and to visit officially held pieces of evidence.
(2) the conclusion of the investigations not yet on record is noted, inspection of the files or individual file parts, as well as the visit officially held evidence objects can be failed Defender, as far as this might jeopardize the purpose of the investigation. The conditions of sentence 1 exist and the accused is in custody or is pending, in the case of provisional arrest shall be accessible the essential for the assessment of the lawfulness of the detention information in an appropriate manner the Defender; Usually access to the file shall to grant.
(3) the access to the transcripts of the interrogation of the accused and judicial investigation acts, where the presence of the Defender is been allowed or would have to be allowed, and in the opinion of experts may be refused the defender in any location of the procedure.
(4) at the request of the files with the exception of supporting documents to the inspection indicates with, as far as not important considerations militate against, the defender in his business premises or in his apartment. The decision is not subject to appeal.
(5) concerning the granting of access to the file the Chairman of the Court dealing with the matter decides the public prosecutor's Office in the preparatory proceedings and residents after the procedure, indeed. The public prosecutor failed the inspection, after she has noted the conclusion of investigations into the acts she failed the inspection pursuant to paragraph 3 or the accused persons not in custody, is located, judicial decision may be requested by the Court according to § 162. The articles 297 and 300, 302, 306-309, 311a and 473a shall apply mutatis mutandis. These decisions are not equipped with reasons, insofar as its disclosure could endanger the purpose of the investigation.
(6) is the reason for the refusal not previously accounts for the inspection, so the Prosecutor raises no later than the arrangement with the completion of the investigation. Communication to make as soon as the right to the access to the file is again fully is the Defender.
(7) information and copies of the documents are the accused who has no Defender, at his request to grant, as far as this is necessary for an adequate defense, which can not be compromised in other criminal proceedings, the purpose of the investigation, and not overwhelming protection interests preclude third parties. Paragraph 2 sentence 2 shall apply first half-sentence, paragraph 5, and section 477, para 5.

§ 148 (1) is the accused, even if he is not in custody, written and verbal traffic provided with the Defender.
(2) is a currently not in custody accused of an action according to § 129a, also in connection with article 129 b para. 1, of the Penal Code urgent suspicious, should the court order, that in dealings with defenders documents and other items to reject are, unless the sender did not agree declares that they are first presented the Court according to article 148a. No arrest warrant for an offence is according to § 129a, also in connection with article 129 b para. 1, of the Penal Code, the decision will be the Court that would be competent for issuing an arrest warrant. Written traffic pursuant to sentence 1 is to monitor, devices are for talks with defenders to provide, that exclude the transfer of documents and other objects.

section 148a (1) for the implementation of monitoring measures according to § 148 paragraph 2 is the judge at the District Court in whose district the correctional facility is located. A display is according to section 138 of the Penal Code to submit, so are documents or other objects from which the obligation to display results to provisional custody; the provisions on confiscation shall remain unaffected.
(2) the judge who is entrusted with monitoring measures, must not the subject of the investigation not be involved nor are concerned. The judge has knowledge which he gained with monitoring, to preserve confidentiality; section 138 of the Penal Code shall remain unaffected.

Article 149 (1) of the spouse or cohabitee of an accused person is in the main hearing as assistance allow and listen to his desire. Time and place of the hearing will be communicated in time him.
(2) the same is true of the legal representative of an accused person.
(3) in the preliminary proceedings, the admission of such advisers subject to judicial discretion.

§ 150 (dropped out) second book procedures at first instance first section public complaint section 151 that is opening an inquest by the bringing of an action requires.

Section 152 (1) to collect the public action is called the public prosecutor's Office.
(2) it is unless another determined not by law, obliged to intervene for all actionable offences, unless there are sufficient actual indications.

section 152a 
Landesgesetzliche relating to the conditions under which members of a body of legislation, prosecution can be initiated or continued, are effective for the other countries of the Federal Republic of Germany and the Federal.

Section 153 (1) has an offense to the subject of the procedure, so the prosecution with the consent of the Court with jurisdiction for the main proceedings can refrain from persecution, to see if the guilt of the offender as low and no public interest in the prosecution. The consent of the Court there is no need for an offense that is not threatened with an penalty increase in the minimum and are low the consequences caused by the offence.
(2) the action is already raised, the Court in any position of the procedure under the conditions of paragraph 1 with the consent of the Prosecutor and the accused can adjust the procedure. The consent of the accused need not, if the trial can not be carried to the reasons listed in section 205 or is performed in cases of section 231, paragraph 2 and the sections 232 and 233 in his absence. The decision is taken by vote. The decision is not subject to appeal.

section 153a (1) with the consent of the Court with jurisdiction for the main proceedings and the accused may the public prosecutor's Office with a misdemeanor provisionally by the bringing of public action and at the same time grant requirements and directives the defendants, if they are suitable to eliminate the public interest in law enforcement, and the severity of the debt does not preclude. As regulations or directives (victim offender) and doing his Act come back especially considering, 1 to the reparation of the damage caused by the offence entirely or for the most part a certain power to provide, 2. to pay a sum of money for the benefit of a charity or the State Treasury, otherwise non-profit to provide 3., 4. to fulfil the obligation to pay a certain amount, to seek 5. seriously, to reach a compromise with the injured to do well or to seek their compensation , 6 on a social training course to participate or 7 in a building seminar according to § 2 para 2 sentence 2 or to participate in a trial fitness seminar according to Section 4a of the road traffic Act.
To comply with the regulations and directives, the public prosecutor's Office set a deadline that number 4 and 6 not more than one year is number 1 to 3, 5 and 7 not more than six months, in the cases of sentence 2 in the set of 2 cases the accused. The Prosecutor may subsequently waive conditions and instructions and once to extend the time limit for a period of three months; with the consent of the accused, it can retroactively impose also regulations and directives and change. The accused fulfils the requirements and instructions, the fact can not more than offenses be traced. The accused does not meet the requirements and instructions to services rendered to their fulfilment, are non-refundable. § 153 para 1 sentence 2 shall apply in the cases of the set of 2 number 1 to 6 according to. section 246a, paragraph 2 shall apply mutatis mutandis.
(2) the action is already raised, the Court with the consent of the Prosecutor and the accused may the procedure until to the end of the trial, in which the findings can be last approved, provisionally set and at the same time the accused grant set 1 and 2 regulations referred to and directives in paragraph 1. Paragraph 1 shall apply mutatis mutandis set 3 to 6 and 8. The decision is taken pursuant to sentence 1 by decision. The decision is not subject to appeal. Set of 4 also applies to a finding that 1 issued regulations and instructions have been fulfilled in accordance with set.
(3) during the run of the time limit for compliance with the requirements and instructions, the limitation period is suspended.
(4) § 155b takes place in the case of paragraph 1 sentence 2 No. 6, also in connection with paragraph 2, appropriate application with the proviso that personal data from criminal proceedings, concerning not the accused, only transmitted to the authority concerned with the implementation of the social training course may be, as far as those involved in the transfer have consented. Sentence 1 shall apply accordingly, if after other criminal provisions the directive is granted to participate in a social training course.

§ 153 b (1) are the conditions under which the Court could refrain from punishment, so the prosecution with the consent of the Court that would be competent for the main hearing can refrain from charging the public action.
(2) the action is already raised, so the Court can adjust the procedure up to the start of the trial with the consent of the Prosecutor and the accused.

section 153c (1) may waive the public prosecutor of the prosecution of criminal offences, 1 which are committed outside the territorial scope of this Act, or who has committed a participant in an act committed outside the territorial scope of this Act in this area, 2. committed by a foreigner in Germany on a foreign ship or aircraft, 3. If in the cases of § § 129 and 129a , also in connection with § 129b para. 1, of the Penal Code the Association does or does not predominantly is domestic and the participation acts perpetrated in the domestic of subordinate importance are or be limited to the mere membership.
For acts which are punishable under the International Penal Code, the Prosecutor applies § 153f. (2) tracking a fact can refrain from the because of the action overseas already a penalty against the accused has been enforced and the fall in expected domestic punishment after deduction of foreign in the weight or the accused for the offence abroad legally has been acquitted.
(3) the public prosecutor's Office can refrain also from the pursuit of crime, which are committed in the territorial scope of this Act by an activity exercised outside of this range, if the procedure would bring about the risk of a severe disadvantage for the Federal Republic of Germany, or if other prevailing public interests oppose the persecution.
(4) the action is already raised, so can the prosecution in the cases of paragraph 1 withdraw the lawsuit in any position of the procedure no. 1 and 2 of paragraph 3 and set the procedure when the procedure would bring about the risk of a severe disadvantage for the Federal Republic of Germany, or if other prevailing public interests oppose the persecution.
(5) has been the procedure offences in section 74a para 1 No. 2 to 6 and article 120, paragraph 1 No. 2 to 7 of the courts act referred to way to the subject matter, as these powers are available to the Attorney General.

The Attorney General may by the prosecution of criminal offences in section 74a para 1 No. 2 to 6 and in article 120, paragraph 1 No. 2 to 7 of the courts act art referred to see off of if the procedure would bring about the risk of a severe disadvantage for the Federal Republic of Germany, or if other prevailing public interests oppose the persecution section 153d (1).
(2) the action is already raised, the Attorney General under the conditions referred to in paragraph 1 may withdraw the lawsuit in any position of the procedure and the proceedings.

§ 153rd (1) has the procedure offences of section 74a para 1 No. 2 to 4, and article 120, paragraph 1 No. 2 to 7 of the courts act referred to art to the subject, so the Attorney General with the consent of the Oberlandesgericht competent according to § 120 of the courts act can refrain from pursuing such an Act, if the perpetrator after the fact, before their discovery is known him , contributed, to avert a threat to the existence or security of the Federal Republic of Germany or the constitutional order. The same applies if the offender has made a such contribution as a result that he his with revealed their coherent knowledge of efforts of high treason, endangering the democratic rule of law or of treason and endangering external security of a service center after the fact.
(2) the action is already raised, the competent under section 120 of the courts act Court of appeal with the consent of the vented can adjust the procedures under the conditions referred to in paragraph 1.

§ 153f (1) can the public prosecutor's Office by the pursuit of an act which is punishable according to articles 6 to 14 of the International Penal Code, in the cases of § 153 refrain c para 1 Nos. 1 and 2, if has the accused not domestically, and such a stay is not to be expected. Is c para 1 German accused in the cases of § 153 No. 1, applies however only if the Act before an international court or by a State was on whose territory the crime committed or which national injured by the crime, will be prosecuted.
(2) the Prosecutor may in particular by the pursuit of an act which is punishable by law, in the cases of § 153 refrain c para 1 Nos. 1 and 2, if no suspicion against a German is 1, 2. the crime against a German was committed, no suspect in Germany is 3. and such a stay is also not expected after the articles 6 to 14 of the International Penal Code and 4.
the Act before an international court or by a State on whose territory the crime was committed, which national of fact is suspicious or which national was injured by the Act, will be prosecuted.
The same is true if is a foreigner accused for an offence committed abroad in Germany, but the conditions are fulfilled pursuant to sentence 1 No. 2 and 4 and the surrender to an International Court, or delivery to the pursuing State is permitted and intended.
(3) the public action is in the cases of paragraph 1 or 2 already raised, the Prosecutor may withdraw the lawsuit in any position of the procedure and the proceedings.

§ 154 (1) that prosecutors can pursue a deed refrain from 1 if the penalty or measure of improvement and assurance, may cause the tracking, in addition to a sentence or detention order of improvement and assurance, legally imposed against the accused due to a different Act or he has not to expect that for a different offence, in weight, or 2. in addition , if a sentence for this offence is not expected in a reasonable period of time, and when a sentence or detention order of improvement and assurance, legally imposed against the accused, or which he has to expect for a different offence, appears sufficient to influence the offender, and to defend the legal order.
(2) the public action is already raised, the Court at the request of the public prosecutor's Office may provisionally set the procedure in each location.
(3) is the procedure with regard to one for a different offence for the time being already legally approved sentence or detention order of improvement and assurance has been set, so it can be resumed, if not now limitation is met, if subsequently dropped the legally recognized sentence or detention order of improvement and assurance.
(4) is sentence to be expected the procedure with regard to one for a different offence or detention order of improvement and assurance for the time being has been set, so it can be resumed, if not now entered limitation, within three months of judgement arriving for the other offence.
(5) the Court temporarily stopped the process, is needed to resume a court decision.

section 154a (1) individual fall recovery and backup, or 2. in addition to a sentence or detention order of improvement and assurance, legally imposed against the defendant for a different offence or that he has to expect for a different offence separable parts of an act or individual of multiple violations of the law that have been committed by the same Act, 1 for the expected sentence or detention order , not weight, so the tracking can be limited to the remaining parts of the Act or the other violations of the law. Article 154, paragraph 1 shall apply mutatis mutandis No. 2. The restriction is on record to make.
(2) after the filing of the indictment the Court in every position of the proceedings with the consent of the public prosecutor's Office may make the restriction.
(3) the Court can include again eliminated parts of an act or violations of the law in every position of the procedure in the procedures. A request of the Prosecutor on inclusion is to comply with. Be divorced from parts of an act is again included, section 265 para 4 shall apply mutatis mutandis.

§ 154 (1) (b) the bringing of public action may be waived if the accused due to the fact of a foreign Government is delivered.
(2) the same is true when it is delivered or transferred to an international criminal court due to an other Act of a foreign Government and the penalty or the detention order of improvement and assurance, may cause the domestic prosecution of, in addition to the punishment or measure of improvement and assurance, legally imposed against him in the foreign country or that he has to expect from abroad , does not fall in the weight.
(3) from the collection of the public action can also be seen off, if the accused is expelled from the scope of this federal law.
(4) the public action is in the paragraphs 1 to 3 cases already raised, so the Court at the request of the public prosecutor's Office sets for the time being the procedure. § 154 section 3-5 applies with the proviso, that the one year period in paragraph 4.

§ 154c (1) is a coercion or extortion (sections 240, 253 of the Criminal Code) has been committed by the threat, to reveal a criminal offence, so the prosecution can refrain from persecution the fact, whose Offenbarung is been threatened, if not because of the gravity of the offence, a punishment is essential.
(2) the victim shows a coercion or extortion (sections 240, 253 of the Criminal Code) to (article 158) and is this caused an offence committed by the victim known, so prosecutors can see the pursuit of wrongdoing, if not because of the gravity of the offence, a punishment is essential.

§ 154d depends on a question bringing the public action for a crime which judge is under civil law or administrative law, so the public prosecutor's Office to the discharge of the question in the civil litigation or the administrative dispute proceedings can determine a deadline. Of the display is to be informed. After fruitless expiry of the time limit, the public prosecutor's Office can set the procedure.

section 154e (1) from the collection of the public lawsuit of a false suspicion or insult (articles 164, 185 and 188 of the Criminal Code) to be apart so long as due to the displayed or alleged plot a criminal or disciplinary proceedings are pending.
(2) the public complaint or a private prosecution is already raised, the Court provides a the process up to the end of the criminal or disciplinary proceedings for the displayed or alleged act.
(3) up to the end of the criminal or disciplinary proceedings for the displayed or alleged act, the limitation period for the pursuit of the false suspicion or insult rests.

§ 154f precludes the absence of the accused or a different obstacle lying his person the opening or the main procedure for a long time and is still not collected the public lawsuit, so prosecutors can adjust for the time being the procedure, after it has clarified the facts as far as possible and as far as necessary to secure the evidence.

Section 155 (1) the investigation and decision extends only to the Act referred to in the complaint, and on the persons accused by the action.
(2) within these limits, the courts to self-employed are entitled and obliged; in particular, they are not bound in application of the criminal law on the provided applications.

at any stage of the proceedings, the possibilities check section 155a that prosecutors and the Court to reach a balance between accused and injured. They should work towards it in appropriate cases. Fitness may not be taken against the express wishes of the injured.

for the purpose of offender victim compensation or the damages of a body responsible for implementing them on its own initiative or at the request the necessary personal data § submit 155 b (1) that public prosecutor's Office and the Court. The designated place for inspection can also be sent to files, insofar as the provision of information would require a disproportionate effort. A non-public place is to point out that she may use the data only for purposes of offender victim compensation or reparation of the damage.
(2) the agent may only process the personal information referred to in paragraph 1 and use, as far as this is necessary for the implementation of offender victim compensation or reparation of the damage and do not preclude protection interests of the person concerned. She must only collect personal data as well as data process and use, as far as the person concerned has consented and this is necessary for the implementation of offender victim compensation or reparation of the damage. After completing their work, she reported in the extent of the public prosecutor's Office or the Court.
(3) the agent is a non-public place, the provisions of the third section of the Federal Data Protection Act shall also apply if processed the data in or from files.
(4) the documents with which in paragraph 2 referred to personal data 1 and 2 are set to destroy by the responsible authority after one year since the end of the criminal proceedings. The public prosecutor's Office or the Court shall immediately by virtue the time of the conclusion of the procedure the responsible agency.

§ 156 public action may not be withdrawn after the main proceedings.

Section 157 in the meaning of this Act is the accused, the public action is raised, the suspect or accused, against whom the main proceedings defendant is decided against the offender.
Second section preparing the public proceedings section 158 
(1) the display of a criminal offence, and the criminal complaint can be attached when the public prosecutor's Office, the authorities and officers of the police service and the local courts orally or in writing. Oral is to notarize.
(2) in the case of offences, whose tracking occurs only at the request of the application to a court or the public prosecutor's Office must be in writing or on record, another authority in writing attached.
(3) a resident domestic injured displays an offence committed in another Member State of the European Union, so the Prosecutor submitted the ad at the request of the injured person to the competent law enforcement agency in the other Member State, if the German criminal law does not apply to the Act or from the pursuit of fact under section 153 c paragraph 1 sentence 1 No. 1, also in conjunction with section 153f , is seen. The transmission may be waived if 1 the fact and the competent foreign authority circumstances essential to its pursuit of are already known or 2 the wrongfulness of the Act is low and the injured person would have been possible the display abroad.

Section 159 (1) evidence there are, that someone of a non-natural death died, or found the corpse of an unknown, so the police and municipal authorities are obliged to immediately display to the Prosecutor or to the District Court.
(2) for the funerals, the written authorization of the public prosecutor's Office is required.

Section 160 (1) as soon as the public prosecutor becomes aware a crime through a display, or in any other way by suspected they did their resolution about whether the public action is to collect, to investigate the facts of the case.
(2) the Prosecutor has not only the load, but also to determine the circumstances serving to relieve and to apply for the collection of evidence of concern, to get their loss.
(3) the investigation of the Prosecutor should also extend to the circumstances, which are for the determination of the legal consequences of the Act of meaning. To do so she can be assisted by court.
(4) a measure is inadmissible, where special federal or corresponding landesgesetzliche usage rules conflict.

section 160a (1) an investigative measure, the against one in section 53, paragraph 1, sentence 1 number called person, a lawyer, a person recorded according to section 206 of the Federal lawyer regulation in a bar association or Chamber legal counsel 1, 2 or 4 number and expected findings would provide about the this should deny the testimony is inadmissible. Nevertheless acquired knowledge must not be used. Records thereof shall immediately to delete. The fact of their rise and the deletion of the records is on record to make. The sentences 2-4 shall apply mutatis mutandis if through an investigative measure, which is not directed against a person in sentence 1 with respect, by this person findings obtained, which she should deny the testimony.
(2) where by an investigative measure would be affected until 3 b or person called no. 5 No. 3 in section 53, paragraph 1, sentence 1 and thus expected to findings would gain about this person should deny the testimony, this is particularly taken into account during the test of proportionality. the procedure is not a crime of considerable importance, is usually not a preponderance of law enforcement interest to assume. Is to refrain from action if applicable, or, as far as this is possible according to the type of measure to limit. Set applies to the exploitation of knowledge for evidentiary purposes 1 according to. Recorded people and Chamber legal counsel do not apply sentences 1 to 3 to lawyers, according to section 206 of the Federal lawyer regulation in a Chamber of lawyers.
(3) paragraphs 1 and 2 shall apply accordingly if you are likely to deny the testimony referred to in § 53a.
(4) paragraphs 1 to 3 are not to apply if certain facts justify suspect that the refusal of certificate of authorized person fact or a benefit, penalty thwarting or handling stolen goods is involved. The Act only at the request or with authorization only is trackable, set is to apply 1 in the cases of § 53 para 1 sentence 1 No. 5, as soon as and as far as the complaint lodged or the authorization is granted.
(5) the sections 97 and 100 c subsection 6 shall remain unaffected.

§ 160 discuss the status of the proceedings with the parties b which can Prosecutor extent deemed suitable to promote the procedure. The main content of this discussion is on record to make.

Article 161 (1) for the purpose referred to in § 160 section 1 to 3 is entitled, by all authorities information to demand and investigation of any kind to carry out either by himself or by the authorities and officers of the police service the Prosecutor to allow, as far as no other legal provisions especially regulate their powers. The authorities and officials of the police service are required to comply with the request or order of the public prosecutor's Office, and in this case empowered to request information from all authorities.
(2) is a measure under this Act only if suspected of certain types of crime, so the personal data acquired on the basis of a corresponding action under other laws without the consent of the persons affected by the measure may be used as evidence in criminal proceedings only for the investigation of such offences, for their investigation of such a measure would have to be mounted according to this law. section 100 d para 5 No. 3 shall remain unaffected.
(3) into or out of an apartment acquired personal data from a usage of technical means for securing equity in the course of not open investigations on police-legal basis may only be used in accordance with the principle of proportionality as evidence (article 13 paragraph 5 of the Basic Law), if the District Court (section 162 para 1), in the district, the appointing authority has its headquarters, the legality of the measure has found the imminent danger is the judicial decision without delay to catch up.

section 161a (1) witnesses and experts are obliged to appear on a charge before the public prosecutor's Office and to testify to the thing or give its opinion. Unless otherwise provided, the provisions of the sixth and seventh section of the first book about witnesses and experts shall apply by analogy. The formal hearing is reserved for the judge.
(2) for unauthorized absence or unjustified refusal of by a witness or expert is the power to the measures provided for in §§ 51, 70 and 77 of the public prosecutor's Office. However, fixing the detention is reserved for the court competent according to § 162.
(3) against decisions of the public prosecutor's Office referred to in paragraph 2, sentence 1 may be requested by the Court according to § 162 judicial decision. Similarly, if the public prosecutor's Office has made decisions in the sense of paragraph 68 b. The articles 297 and 300, 302, 306-309, 311a and 473a shall apply respectively. Judicial decisions are final pursuant to sentences 1 and 2.
(4) a prosecutor asks a different attorney to the hearing of a witness or expert, the powers available to sentence 1 of also the requested State prosecutor referred to in paragraph 2.

§ 162 (1) the public prosecutor's Office considers the performance of a judicial investigation Act necessary, so it makes their applications before bringing the public action in the District Court, in whose district they or their branch office the applicant is established. She keeps next to it so she, can adopting a stick - or accommodation command necessary, without prejudice to sections 125, 126a, make also such a request to the Court referred to in sentence 1. The District Court in whose district this investigation actions are going to be, if the public prosecutor so requests to accelerate the process, or to avoid loads affected there is responsible for judicial interrogations and Augenscheinnahmen.
(2) the Court has to consider whether the proposed action is legally permissible according to the circumstances of the case.
(3) after bringing the public action, the Court has jurisdiction, which deals with the matter. During the revision process, the Court has jurisdiction, whose ruling is challenged. Residents after the procedure, you apply according to paragraphs 1 and 2. After a request for resumption is the Court responsible for the decisions in the retrial.

The authorities and officials of the police service have § 163 (1) to investigate offences and to take all no orders gestattenden delay, to avoid the darkening of the thing. For this purpose, they are entitled to request at the imminent danger, to request the information, as well as investigations of any kind to carry out, as far as no other legal provisions especially regulate their powers all the authorities to obtain the information.
(2) the authorities and officers of the police service send their negotiations without delay of the public prosecutor's Office. Rapid carrying out of judicial acts of investigation is deemed necessary, the transmission can be immediately to the District Court.
(3) in the case of the questioning of a witness by officers of the police service, § 52 paragraph 3, § 55 paragraph 2, section 57, sentence 1 and § 58 are to apply 58a, 58b, 68 to 69. According to article 68, paragraph 3, sentence 1, and on the appointment of an adviser of the witnesses the prosecution; decides whether a permission In addition, the person conducting the hearing takes required decisions. B paragraph 1 sentence 3 is considered section 161a paragraph 3 sentence 2 to 4 according to decisions by officers of the police service after § 68. Article 52, paragraph 3, and article 55, paragraph 2 shall apply mutatis mutandis for the instruction of experts by officers of the police service. In the cases of § 81c paragraph 3 sentences 1 and 2 shall apply accordingly § 52 paragraph 3 also in investigations by officers of the police service.

§ 163a (1) is the accused no later than before the end of the investigation, except that the procedure leading to the cessation. 58 b shall apply section 58a, paragraph 1, sentence 1, paragraph 2 and 3 and §. In simple terms, it is sufficient that opportunity is given him to express themselves in writing.
(2) the accused requested the recording of evidence, to his relief so they are to collect, if they are of importance.
(3) the accused is obliged to appear on a charge before the public prosecutor's Office. The §§ 133-136a and 168 c paragraphs 1 and 5 shall apply mutatis mutandis. The court competent under § 162 decides on the legality of the demonstration at the request of the accused. The articles 297 and 300, 302, 306-309, 311a and 473a shall apply mutatis mutandis. The Court's decision is final.
(4) in the case of the first interrogation of the accused by officers of the police service is to open the suspect what deed is placed him to the last. In addition article 136 para 1 sentence 2 to 4, para. 2, 3 and § 136a are in the interrogation of the accused by officers of the police service to apply.
(5) of the Judicature Act apply accordingly § 187 paragraph 1 to 3 and article 189, paragraph 4.

§ 163 b (1) someone of a crime suspect, so the public prosecutor's Office and the officials of the police service can take the measures necessary to establish his identity; Section 163a para 4 sentence 1 shall apply accordingly. The suspect may be held, if the identity not or can be determined only with considerable difficulty. The search of the person of the suspects and things carried by him, as well as the implementation of erkennungsdienstlicher measures are allowed under the conditions of sentence 2.
(2) if and to the extent this is necessary to the investigation of an offence, a person's identity can be established, which is not suspected of a crime. Section 69, paragraph 1, sentence 2 shall apply accordingly. The sentence 2 designated type may not measures in paragraph 1, if they stand the thing out of proportion to the importance; The sentence 3 designated type may not measures in paragraph 1 against the wishes of the person concerned.

§ 163c shall (1) an of an action according to § 163 b person affected in no way more than being held indispensable to establishing their identity. The arrested person is the judge at the District Court in whose district it is been taken to demonstrate, for the purposes of the decision on admissibility and continuation of his detention, unless that building would take the judicial decision long period of time, as would be necessary for establishing the identity immediately. The section 114a to 114c shall apply mutatis mutandis.
(2) a detention for the purposes of establishing the identity must not exceed the duration of a total of twelve hours.
(3) if the identity is established, so b are 2 in the cases of § 163 to destroy the documents, incurred in connection with the statement.

section 163d (1) certain facts justify the suspicion that 1 in section 111 one one designated criminal offences, or 2. in section 100a para 2 No. 6 to 9 and 11 designated offences has been committed, so that on the occasion of a border police check, in the case of the number 1 must also falling at a screening of persons according to § 111 data about the identity of people and circumstances , for the investigation of the offence or for the capture of the killer of importance can be, are stored in a file, if the facts justify the assumption that the analysis of the data can lead to the arrest of the offender or to the investigation of the offence and the measure is not disproportionate to the importance of the matter is. The same applies in the case of the set 1, passports and identity cards are read automatically. The transmission of data is permitted only to law enforcement agencies.
(2) measures of the kind referred to in paragraph 1 may be ordered only by the judge, at the imminent danger by the public prosecutor's Office and their investigation persons (§ 152 of the courts Act). The public prosecutor's Office or one of its discovery people made the arrangement, the public prosecutor immediately requested the judicial confirmation of the order. § applies 100 b para 1 sentence 3.
(3) the arrangement has been made in writing. She must identify the individuals whose data are to be stored exactly according to certain characteristics or properties as this is possible under the existing at the time of order aware of which or the suspects. The nature and duration of the measures are set. The arrangement is to limit space and limited to a maximum of three months. A unique extension to not more than three months is allowed insofar as the conditions referred to in paragraph 1 continue to exist.
(4) the criteria for the issuing of the order no longer exist, or the purpose of the measures arising from the arrangement is reached, this should be to stop immediately. The personal data obtained through the measures are immediately to delete, when it does not; needed for criminal proceedings a storage that exceeds by more than three months, the duration of the measures (paragraph 3) is inadmissible. The Prosecutor shall be informed about the deletion.
(5) (lapsed) section 163e (1) the tender for the observation on the occasion of police controls that allow the determination of personal data, can be arranged, if there is actual evidence enough to that a crime was committed of major importance. The arrangement may directed only against the accused and only then be taken if the investigation of the facts of the case or the determination of the place of residence of the offender in other ways would be considerably less promising or much more difficult. Against other people, the measure is permissible, if to assume on the basis of certain facts is that they relate to the offender in connection or a connection is made, that the measure will lead to the exploration of the facts of the case or to the determination of the place of residence of the offender, and this would be significantly less promising or much more difficult in other ways.
(2) the identification of a motor vehicle, identification number or external marking a boat, aircraft or container can be written off, if the vehicle to a person designated pursuant to paragraph 1 is approved or the vehicle or the container by you or a person not known by name is used, which is suspected of a criminal offence of considerable importance.
(3) in the case of a meeting on personal data of a companion of the prescribed person, of the leader of a vehicle required pursuant to paragraph 2 or of the user of a container that is required under paragraph 2 can be reported.
(4) the invitation to tender for the police observation may be arranged only by the Court. With the imminent danger, the arrangement can be made also by the public prosecutor's Office. The Prosecutor made the arrangement, she immediately requested the judicial confirmation of the order. § applies 100 b para 1 sentence 3. The arrangement must be limited to not more than one year. An extension of not more than three months is allowed insofar as the requirements on the arrangement.

section 163f (1) sufficiently to actual evidence, that a criminal offence has been committed of major importance, so a scheduled-based observation of the accused may be arranged, the 1 continuously for longer than to take 24 hours or 2 on more than two days take place (longer-term observation).
The measure may only be ordered if the investigation of the facts of the case or the determination of the place of residence of the offender in other ways would be considerably impeded promising or much less success. Against other people, the measure is allowed to assume on the basis of certain facts is that they relate to the offender in connection or a connection is made, that the measure will lead to the exploration of the facts of the case or to the determination of the place of residence of the offender and this promising or substantially more difficult would be considerably less success in other ways.
(2) the measure may also be performed if third parties are inevitably affected.
(3) the measure may be arranged only by the Court, at the imminent danger by the public prosecutor's Office and their investigation persons (§ 152 of the courts Act). The arrangement of the public prosecutor's Office or its discovery people override occurs when she is not confirmed within three working days by the Court. § 100 para 1 sentence 4 and 5, paragraph 2 sentence 1 shall apply accordingly.
(4) (lapsed) § 164 in official acts on the spot is the official who heads it, authorized arrest persons who deliberately disrupt his official activities or oppose the orders taken by him within his jurisdiction, and hold until the end of his official duties, but not beyond the next day, to leave.

§ 165 at the imminent danger can make the judge required investigation actions even without request, if a Prosecutor is not reachable.

§ 166 (1) the accused is questioned by the judge and he applied for individual evidence at this hearing to his discharge, so the judge has, so far as he considers it significant, to undertake to get is the loss of the evidence or the evidence may justify the release of the accused.
(2) the judge may, request if the evidence in a different district to perform, the judges of the latter to their making.

§ 167 in the cases of §§ 165 and 166 to the public prosecutor's Office that more available.

§ 168 of any judicial investigation Act is a log to record. For the minutes of a Registrar of Office is contracting; thereof, the judge can refrain when he considers the a protocol guide shall not necessary. In urgent cases, the judge can draw to a person as Secretary to vereidigende.

§ 168a (1) that Protocol must specify location and day of the trial, as well as the names of contributors and participating individuals and see can whether the essential formalities of the procedure are met. Article 68 paragraph 2 3 shall remain unaffected.
(2) the contents of the log can be recorded temporarily in a common shorthand notation, using a shorthand machine, with a sound recorder or intelligible abbreviations. In this case, the Protocol is immediately after completion of the transaction to produce. The preliminary records are to take the files or, if they are not, the Office with the files to be kept. Audio recordings can be deleted when the procedure is completed legally or otherwise terminated.
(3) the Protocol is the people involved in the negotiations, as far as she's concerned, to read for approval or to submit for review. The approval is to be noted. The Protocol should be signed by the parties or it is to specify why the signature is there have been no. Is the contents of the log is only provisionally recorded, so it is enough if the records are read or played. In the log, it is important to note that this happened and the approval is granted or which objections have been raised. Reading aloud or the template to review or playback can be avoided, if the persons involved, as far as it concerns them, refrain from after the recording; in the log, it is important to note that the waiver has been pronounced.
(4) the Protocol should be signed by the judge and the clerk. Is the contents of the log without approval of a protocol guide wholly or partly by a sound recorder for the time being been recorded, so the judge and who has made the Protocol sign. The latter provides his signature with the addition that he confirmed the accuracy of the transmission. The proof of the falsity of the transfer is allowed.

§ 168 b (1) is the result of the investigation actions of the investigating authorities on record to make.
(2) on the hearing of the accused, the witnesses and experts a log should be recorded according to the § § 168 and 168a, insofar as this can be done without significant delay of the investigation.
(3) the notice of the suspect before his interrogation is after article 136, paragraph 1, as well as § 163a.

section 168c (1) when the judicial interrogation of the accused is the presence of the Prosecutor and the Defender.
(2) in the case of the judicial hearing of a witness or expert, the presence is allowed the public prosecutor, the accused and the Defender.
(3) the judge may exclude a suspect by the presence at the trial if his presence would jeopardize the purpose of the investigation. This applies particularly if is to be feared that a witness in the presence of the accused person will tell the truth.
(4) a suspect not in freedom has a defender, so a presence only when such meetings entitled to him, which are held at the Court Office of the place where he is in custody.
(5) from the dates you are previously notify legitimate presence. The notification is omitted if it would jeopardize the success of the investigation. For the postponement of a deadline for averting, those entitled to be present are not eligible.

§ 168d (1) when taking a judicial inspection is the presence at the hearing the Prosecutor, the accused and the defenders. section 168c para 3 sentence 1, paragraph 4 and 5 shall apply mutatis mutandis.
(2) be sustained in taking a judicial inspection expert, so the accused can apply for that date to be proposed by it for the hearing experts are loaded, and, if the judge rejects the request, they even charge. The participation in the inspection and the necessary tests is the expert designated by the accused to the extent permitted as the activity of experts appointed by the judge is not obstructed.

section 168e is a urgent risk of a serious disadvantage for the welfare of the witness, when being interviewed in the presence of the presence of legitimate, and can she be not averted in any other way, so, the judge should perform the interrogation by the presence authorized separately. The hearing is transferred at the same time this in image and sound. In addition does not affect the participation powers of the presence authorized. The sections 58a and 241a find appropriate application. The decison is final pursuant to sentence 1.

§ 169 (1) in matters, which are according to the § § 120 or 120 b of the Judicature Act to the jurisdiction of the higher regional court in the first instance, the incumbent on the judge at the District Court in the preparatory process can be provided by investigating magistrate of this behavior. The Chief Federal Prosecutor leading the investigation, investigating judges of the Federal Supreme Court are responsible in their place.
(2) the investigation judge of the Oberlandesgericht for one thing may order investigation acts even if they make are not in the District of court.

section 169a is considering the public prosecutor's Office to institute public proceedings, as she noted the conclusion of the investigation into the acts.

Section 170 (1) the investigation provide sufficient cause for the bringing of public action, so the Prosecutor raises them by filing an indictment before the competent court.
(2) otherwise the prosecution closes the proceedings. This placing the defendant in knowing if he is been questioned as such, or an arrest warrant against him was issued; the same is true if he has asked for a decision, or if a special interest in the announcement can be seen.

Section 171 is the public prosecutor's Office a request for bringing the public action no result or has the discontinuance of the proceedings after the completion of the investigation, so she has the applicant indicating the reasons too modest. In the decision is the applicant who is the injured party, about the possibility of challenging and the period provided for this purpose (section 172 para 1) to teach.

Section 172 (1) the injured person is the applicant at the same time, so the complaint to the superior officials of the public prosecutor's Office he is entitled to against the decision according to § 171 within two weeks after the announcement. By filing the complaint with the public prosecutor's Office, the period is preserved. She is not running, if the instruction is there have been no according to § 171 set 2.
(2) against the negative decision of the superior officers of the public prosecutor's Office, the applicant within one month after the notice may apply for judicial decision. On this and on the form provided for this purpose it is to teach; the time limit is not running when the instruction is there have been no. The application is not admissible, if the procedure has only an offence to the subject, which can be traced from the injured person in the way of private prosecution, or if the public prosecutor's Office; saw off 153 b of paragraph 1 from the pursuit of fact section 1, section 153a, paragraph 1, sentence 1, 7 or § according to § 153 the same is true in cases of §§ 153 c to 154 paragraph 1, as well as the sections 154 b and 154 c.
(3) the application for judicial decision must specify the facts which should justify the bringing of public action, and the evidence. It must be signed by a lawyer; same rules as in civil litigation for legal aid. The request must be submitted at the court competent for the decision.
(4) to the decision on the application, the Court of appeal is responsible. The § § 120 and 120 b of the Judicature Act are to apply by analogy.

The public prosecutor's Office, section 173 (1) at the request of the Court has him to present the negotiations so far from her.
(2) the Court can tell the accused to explain the request determine a period of time.
(3) the Court may order investigations to prepare its decision and entrust a contracted or requested judges with their performance.

No sufficient reason to collect the public complaint is section 174 (1), so the Court rejects the request and sets the applicant, the public prosecutor's Office and the accused from the fault in knowledge.
(2) if the application is discarded, the public action only on the basis of new facts or evidence may be brought.

§ 175 the Court considers the application well founded after hearing of the accused, as it decides the bringing of public action. The implementation of this decision is whether the public prosecutor's Office.

Section 176 (1) by decision of the Court may be imposed the lodging of a security for the costs the applicant prior to the decision on the application, that adult expected of the State Treasury and the defendant through the proceedings on the request. The safety performance is through a deposit in cash money or securities. Any deviating provisions in a regulation adopted under the Act about the payments with courts and judicial authorities remain unaffected. The amount of the security to be paid shall be determined by the court discretion. It has to determine a time limit within which the security is at the same time.
(2) the security is not paid in the particular period, so the Court has to declare the application withdrawn.

Section 177 that are through the procedure on the application caused costs to pay the applicant in the cases of § § 174 and 176 para. 2.
Third section (dropped out) sections 178 to 197 (dropped out) fourth section decision about the opening of the main proceedings § 198 (dropped out) section 199 (1) the competent court for the trial decides whether the trial is to open or temporarily discontinue the procedure.
(2) the indictment contains the request to open the proceedings. With it, the files are put before the Court.

Article 200 (1) has the indictment to the accused, the fact that is he to the load, call time and place their ascent, the legal characteristics of the offence and the applicable sanctions (charge rate). Also the evidence, the Court before which the hearing should take place, and the Defender shall be indicated in it. In the naming of witnesses, whose place of residence or stay shall be indicated where however the full address is not required. In the cases of § 68 (1) sentence 2, paragraph 2, sentence 1 is sufficient specifying the name of the witness. Called a witness, whose Identität wholly or partially not to be revealed, this shall be indicated; This applies to the secrecy of the residence or place of stay of witnesses accordingly.
(2) in the indictment represented the essential result of the investigation. It may be waived, if charges for the criminal.

Section 201 (1) the Chairman of the Court communicated the indictment to the accused and at the same time urged him to declare whether he wanted apply for making individual evidence before deciding on the opening of the main proceedings or raise objections to the opening of the main proceedings within a period to be determined. The indictment is also the plaintiff and the Nebenklagebefugten, who so requests to send; section 145a, paragraph 1 and 3 shall apply mutatis mutandis.
(2) on applications and objections, the Court decides. The decision is final.

§ 202 before the Court decides on the opening of the main proceedings, can arrange individual evidence it to better clarify of the matter. The decision is not subject to appeal.

§ 202a the Court considers the opening of the main proceedings, may discuss's the State of play with the parties as far as deemed suitable to promote the procedure. The main content of this discussion is on record to make.

§ 203 the Court decides the main proceedings if according to the results of the preparatory proceedings the accused is sufficiently suspected a criminal offence.

§ 204 (1) the Court decides not to initiate main proceedings, so must emerge from the decision, whether it is based on actual or legal reasons.
(2) the decision is to make known the accused.

§ 205 precludes the absence of the accused or a different obstacle lying his person the trial for a long time, so the Court can adjust for the time being the procedure by decision. The Chairman ensures that the evidence, as needed.

§ 206 the Court is not bound in decision-making the proposals submitted by the public prosecutor's Office.

section 206a (1) turns out a procedural obstacle after the main proceedings, the Court outside the main hearing can adjust the procedure by decision.
(2) the decision is appealable with immediate appeal.

§ 206b is a criminal law, this applies, amended before the decision at the end of the Act and has a court actually instituted criminal proceedings an act the object of which was punishable under the previous law, but no longer punishable under the new law, so the Court outside of the trial closes the proceedings by decision. The decision is appealable with immediate appeal.

Section 207 (1) the decision by which the main proceedings, admits the charges to trial the Court and referred to the Court before which the hearing should take place.
(2) the Court in the decision sets out, with what changes does allow the charges to trial if 1 due to multiple acts of indictment is raised and the opening of the main proceedings is rejected because one of them, 2. the monitoring according to article 154a single detachable parts of an act is limited or such parts in the procedure be included again, 3. legally notwithstanding the fact is acknowledged by the indictment or 4. the monitoring according to article 154a on one of several violations of the law , which have been committed by same crime, is limited or such violations of the law will again be included in the procedure.
(3) in the cases of paragraph 2 No. 1 and 2 the public prosecutor submits a new indictment that is corresponding to the decision. May be waived by the representation of the essential result of the investigation.
(4) the Court decides at the same time by virtue on the arrangement or continuation of detention or temporary accommodation.

section 208 (dropped out) holds section 209 (1) the Court in which the prosecution filed is, the jurisdiction of a Court of lower order in his district to be well-founded, so it opened the proceedings before this Court.
(2) the Court in which the charge is filed, to whose district it belongs the jurisdiction of a Court of higher order, holds to be well-founded, as it submits the files this through the public prosecutor's Office to decide.

the special criminal courts according to section 74, paragraph 2, as well as the sections 74a, and 74 c of the Judicature Act for their district compared to the general criminal courts are section 209a In the sense of article 4, paragraph 2, of section 209, as well as article 210, paragraph 2 1 and each other in section 74e of the courts act precedence and 2 referred to in the juvenile courts for the decision, whether things a) to article 33, paragraph 1 , Section 103, paragraph 2, sentence 1 and § 107 of the Juvenile Court Act or b) as youth protection matters (§ 26 para 1 sentence 1, § 74 b sentence 1 of the courts Act) include before the juvenile courts, compared to same jurisdiction for general criminal matters courts of higher-order right.

Section 210 (1) the decision by which the proceedings opened, cannot be challenged by the accused.
(2) against the decision, which has been rejected the opening of the main proceedings or by way of derogation from the application of the public prosecutor's Office pronounced referral to a Court of lower order, immediate appeal is to the public prosecutor's Office.
(3) the appellate court grants the appeal, so it can determine at the same time, that the hearing before another Chamber of the Court which has issued the decision referred to in paragraph 2, or belonging to the same country neighbouring courts equal right to take place has. In proceedings in which a Court of appeal in the first instance has decided, the Federal Court can determine that the hearing before this Court other Senate to take place has.

§ 211 rejected the main proceedings no longer contestable decision, so the action only on the basis of new facts or evidence can be resumed.
Fifth section preparation of the trial section 212 
After the main proceedings shall apply accordingly § 202a.

The date for the main trial is convened by the Chairman of the Court article 212a and 212 b (dropped out) § 213.

The required trial charges the presiding officer at § 214 (1). At the same time he causes the after section 397, paragraph 2, sentence 3 and § 406 g paragraph 1 sentence 4, paragraph 2 sentence 2 required notifications of the appointment; section 406d paragraph 3 shall apply mutatis mutandis. The Office ensures that causes the charges and the messages will be sent.
(2) is to assume that extends the trial over the longer term, so the Chairman should arrange the load of all or individual witnesses and experts at a later date as the beginning of the main hearing.
(3) the immediate charge of another persons entitled to of the public prosecutor's Office.
(4) the Prosecutor causes the raise of serving as evidence objects. This can be achieved also by the Court.

§ 215 which is the decision on the opening of the main proceedings to place the accused at the latest with the cargo. The same applies in the cases of § 207 paragraph 3 for the filed indictment.

Section 216 (1) the charge of an accused currently in custody happens in writing under the warning that his arrest or demonstration would be in the case of his lesson staying out. The warning may be omitted in cases of § 232.
(2) the defendant currently not in custody is charged by notice of the appointment to the main proceedings pursuant to § 35. This is to ask the accused whether and which applications he had to make his defence for the trial.

A period of at least one week should be article 217 (1) between the service of the summons (art. 216) and the day of the trial.
(2) is the deadline not met been, so the accused may request the suspension of the proceedings until the beginning of his questioning to the point.
(3) the accused may waive compliance with the deadline.

§ 218 in addition to the defendants is the ordered Defender always, the chosen Defender then to load when the choice has been shown to the Court. Article 217 shall apply mutatis mutandis.

The defendant required section 219 (1) the charge of witness or expert or the raise of other evidence to the trial, he is stating the facts about the proof should be charged to make its proposals to the Chairman of the Court. The limitation level available is to make him known.
(2) applications for proof of the accused are, if granted them is to inform the public prosecutor's Office.

Article 220 (1) the Chairman rejected the request to charge a person, so the accused can directly download it. To do this, he is authorised without prior request.
(2) a person directly charged is only obliged to appear, when cash presented her legal compensation for travel expenses and failure during charging or demonstrated their deposit at the Office.
(3) arises in the main proceedings, that then has to arrange the Court upon application, that the statutory compensation from the State Treasury to grant is questioning someone directly charged to the enlightenment of the thing was useful.

§ 221 which can the Chairman of the Court also officio order the raise of another serving as evidence objects.

§ 222 (1) that has Court in due time designated to make the invited witnesses and experts of the public prosecutor and the accused and to indicate their place of residence or stay. The public prosecutor's Office makes use of their right under section 214 ABS. 3 she has designated in time to make the invited witnesses and experts the Court and the defendant and to indicate their place of residence or stay. Section 200 subsection 1 sentence 3 to 5 shall apply mutatis mutandis.
(2) the defendant has to make known the directly loaded by him or to be trial witnesses and experts the Court and the public prosecutor's Office in a timely manner and to indicate their place of residence or stay.

section 222a (1) held the hearing at first instance before the District Court or the Court of appeal, is to inform the occupation of the Court emphasizing the Chairman and additional judge drawn to and supplement Aldermen at the latest at the beginning of the main hearing. The cast can be communicated on the orders of the Chairman before the main hearing. the message to his Defender is for the accused. Change the occupation split with, this is so at the latest at the beginning of the main hearing to communicate.
(2) the communication of the occupation or a change of cast is later than a week before the start of the trial received, so the Court at the request of the accused, the Defender or the public prosecutor's Office could disrupt the trial to test the occupation, if required at least until the beginning of the interrogation of the first accused to the thing.
(3) the documents governing the occupation only his Defender or a lawyer for the plaintiff can inspect the accused only a lawyer.

§ 222 b (1) is communicated the occupation of the Court according to article 222a, so the objection that the Court was improperly taken, can be claimed only until the beginning of the interrogation of the first defendants to the case in the main proceedings. The facts from which the illegal occupation should arise, are specifying. All complaints must be provided at the same time. Outside the main hearing is the objection in writing to make; Article 345, paragraph 2 and section 390, paragraph 2 shall apply mutatis mutandis for the plaintiff.
(2) the occupation prescribed for decisions outside the trial court a decision on the objection. Considers the objection to be well-founded, it notes that it is not properly staffed. An objection led to a change of occupation, section 222a is the new occupation does not apply.

Article 223 (1) if illness or frailty or obstacles not to leave others hinder the appearance of a witness or expert in the trial for a longer or uncertain time, so the Court may order his interrogation by a contracted or requested judge.
(2) the same applies, if the show due to great distances cannot be expected to a witness or expert.
(3) (lapsed) the Prosecutor, the accused and the defenders are § 224 (1) of the dates scheduled for the purpose of this hearing to notify; their attendance at the hearing is not required. The notification is omitted if it would jeopardize the success of the investigation. The recorded log is to present the Prosecutor and the Defender.
(2) a defendant not in freedom has a defender, so a presence only when such meetings entitled to him, which are held at the Court Office of the place where he is in custody.

§ 225 is to prepare the trial nor a judicial inspection to take, shall apply the provisions of § 224.

section 225a (1) where a court considers before beginning a trial the substantive jurisdiction of a Court of higher-order to be well-founded, as it presents the files this through the public prosecutor's Office; § applies 209 a no. 2 letter a. The Court, which has been submitted to the thing decides by decision about whether it will take over the thing.
(2) the acts provided a Court of higher-order by a criminal judge or a magistrate court, the accused may request the making of individual evidence within a period specified in the template. The Chairman of the Court, which has been submitted to the thing decides on the request.
(3) in the takeover decision, the defendant and the Court before which the hearing should take place, are described. Article 207, par. 2 No. 2-4, par. 3 and 4 applies. The Countervailability of the decision determines pursuant to § 210. (4) according to the paragraphs 1 to 3 also to proceedings, if before, the Court beginning of the main hearing considers an objection of the accused according to section 6a of the justified and a special criminal court would be responsible after § 74e of the courts act comes to the priority. Priority comes to prior to this after section 74e of the courts act the Court that considers justified, the competence of other criminal, so it refer the matter to them with binding effect; the Countervailability of the referral decision shall be governed by § 210. sixth section trial section 226 (1) the main hearing takes place in the continuous presence of the persons appointed to the verdict as well as the Prosecutor and a Registrar of the Office.
(2) the criminal judge can refrain from the involvement of a Registrar of Office in the main hearing. The decision is final.

§ 227 ES can share several officials of the public prosecutor's Office and several defenders at the trial and their activities among themselves.

Article 228 (1) over the suspension of a trial or whose interruption pursuant to article 229, paragraph 2, the Court shall decide. The presiding officer at shorter breaks.
(2) a prevention of the Defender is, without prejudice to the provisions of § 145, the defendants no right to demand the suspension of the negotiations.
(3) is the period of § 217 1 not been respected, the Chairman should make known the defendant with the authority to require suspension of the negotiations.

Article 229 (1) a hearing may be interrupted by up to three weeks.
(2) a trial may be interrupted up to a month if she took place before that at least ten days.
(3) If a defendant or a person appointed to the verdict to a main hearing took place already on at least ten days, does not appear due to illness, the running of the periods referred to in paragraphs 1 and 2 during the period of prevention, but no longer than for six weeks, is suspended; These deadlines end no earlier than ten days after the end of the inhibition. Beginning and end of the escapement notes the Court by means of an unchallengeable order.
(4) the hearing will continue not later than on the day after expiry of the period referred to in the preceding paragraphs, is to start anew with her. The day after the expiry of the period is a Sunday or a general holiday or a Saturday, the main hearing can be continued on the next working day.

§ 230 (1) against a defendants shortfall in not held a trial.
(2) the absence of the accused is not sufficiently excused the demonstration to order or an arrest warrant is to enact.

The released defendants may not remove themselves § 231 (1) in the negotiation. The Chairman may take the appropriate measures, to prevent the removal; also he can keep the accused during a break trial in custody.
(2) the accused removed himself yet or he remains out for the continuation of an interrupted trial, so this can be completed in his absence, when he was already heard about the indictment and the Court deems its further presence not required.

section 231a (1) the defendant put himself intentionally and culpably in a State of closing out his ability to negotiate and he prevents this knowingly the orderly carrying out or continuing the trial in his presence, so to the hearing if he was not yet heard about the indictment, carried in his absence or continued as far as the Court considers his presence not essential. Pursuant to sentence 1 is only to proceed, if the defendant has had the opportunity after the main proceedings, to speak before the Court or a designated judge to the charges.
(2) if the accused is again capable of negotiating, the Chairman has him as long as the judgment not yet is has been started with the, be informed of the substance of what is been negotiated in his absence.
(3) the Conference decides the Court in the absence of the accused referred to in paragraph 1 after consultation with a physician as experts. The decision can be taken already before the start of the trial. Against the immediate appeal is allowed; It has suspensive effect. An already started trial is pending the decision on the immediate appeal to interrupt; the interruption may take even if the conditions of § 229, paragraph 2 is not available, up to thirty days.
(4) the accused who has no defenders, is to appoint, as soon as a trial without the accused referred to in paragraph 1 consider a player.

section 231 is b (1) the defendant due to rude behavior from the Conference Room removed or discharged (section 177 of the courts Act), so can be negotiated in his absence, if the Court considers that its further presence not essential to detention and to fear is that the presence of the accused would affect the flow of the main negotiating seriously. Is the accused be given the opportunity in each case, to comment on the indictment.
(2) if the accused is again above, is according to section 231a para 2.

§ 231c held the trial against several defendants as may be permitted by court order individual defendants in the case of defence also their defenders, on request, to remove if they are not affected by these negotiating parts during parts of the hearing. In the decision, the negotiating parts are described to which the permit applies. The permission may be revoked at any time.

Article 232 (1) the main hearing can be performed without the accused if it has been properly loaded and pointed out in the charge that can be heard in his absence, and when just fine alone or next to each other, to expect a warning with punishment reserved, driving ban, decay, confiscation, destruction or making useless, is up to one hundred eighty daily rates. A higher sentence or a detention order of improvement and assurance may not be imposed in this procedure. The withdrawal of the driving licence is permitted if this possibility is advised the defendant of the charge.
(2) due to a charge by public notice the trial without the accused does not take place.
(3) the minutes of a judicial interrogation of the accused will be read out at the trial.
(4) in the absence of the accused-level judgment must be placed him with the reasons for judgment by passing, if it is not delivered the Defender pursuant to section 145a para 1.

Article 233 (1) the defendant may be relieved at his request from the obligation to appear at the trial, if only custodial sentence alone or next to each other, you expect up to six months, fines up to one hundred eighty daily rates, warning with punishment reserved, driving ban, decay, confiscation, destruction or making useless. A higher sentence or a detention order of improvement and assurance may not be imposed in his absence. The withdrawal of the driving licence is permitted.
(2) the accused is exempted from the obligation to appear at the trial, so he must be heard by an authorized or requested judges over the indictment. While he is informed about the legal consequences of admissible at trial in his absence and questioned whether he maintained his request for exemption from appearing in the main hearing. Instead of a request or an order pursuant to sentence 1 the Court questioning about the charge in the way performs outside the main hearing, that adheres to the accused in a place other than the Court and the hearing is simultaneously transmitted in image and sound in the place where the defendant resides, and in the meeting rooms.
(3) by the date scheduled for the purpose of the hearing, the Prosecutor and the Defender are to notify; their attendance at the hearing is not required. The Protocol on the questioning is to be read at the trial.

Section 234 as far as the main hearing without the presence of the accused can be held, he is entitled to be represented by a lawyer with written power of attorney.

Section 234a held the hearing without the presence of the accused, so it is sufficient, if notes required by section 265 para 1 and 2 are given the Defender; the consent of the accused according to article 245, paragraph 1, sentence 2, and according to § 251 par. 1 No. 1, para 2 No. 3 is not required when a defender takes part in the main hearing.

§ 235 held the hearing in accordance with section 232 without the accused, he may the restitutio in integrum under the same conditions as looking for against the failure to comply with a time limit against the judgment within one week after its delivery. He gained no knowledge of the summons to the hearing, he can always claim the restitutio in integrum. This is the defendant in the service of the judgment to teach.

Article 236 the Court is always entitled to order the personal appearance of the accused and to force through a display command or arrest warrant.

§ 237 that court may in the case of a link between multiple pending his criminal their connection for the purpose of simultaneous bargaining order even if this relationship is not referred to in section 3.

Section 238 (1) the line of negotiation, the interrogation of the accused and the recording of evidence is carried out by the Chairman.
(2) is a related to the thing line arrangement of the Chairman by a person involved in the negotiations as inadmissible is challenged, the Court shall decide.

Section 239 (1) who is questioning the witnesses named by the Prosecutor and the accused and experts to the Prosecutor and the Defender on their matching application by the Chairman. When the witnesses named by the Prosecutor and experts, this has the right for questioning at the the defendants named by the defender in the first row.
(2) the Chairman has also after this hearing to set him to further clarify of the thing required apparent questions to the witnesses and experts.

§ 240 (1) which has Chairman to allow the associate judges upon request, to put questions to the accused, the witnesses and the experts.
(2) the Chairman of the public prosecutor's Office has the same to allow the defendant and the defender and the aldermen. The immediate interrogation of an accused person by a co-accused is not permitted.

§ 241 (1) the who abused the power of questioning in the case of section 239 para 1, siphoned it by the Chairman.
(2) in the cases of section 239 para 1 and article 240, paragraph 2, the Chairman may refuse unsuitable or not associated with the case issues.

§ 241a (1) the hearing of witnesses under the age of 18 is performed solely by the Chairman.
(2) that can record 1 designated persons in article 240, paragraph 1 and paragraph 2, require that the Chairman asks more questions the witnesses. The Chairman may allow these people a direct questioning of witnesses when discretion is a disadvantage for the welfare of the witness not to worry about.
(3) section 241 para 2 applies accordingly.

§ 242 decides the Court doubts about the admissibility of a question in all cases.

Section 243 (1) begins the hearing by calling the thing. The Chairman shall decide whether the defendant and the Defender present and the evidence have appeared made up, in particular the invited witnesses and experts.
(2) the witnesses left the meeting room. The President hears the accused about his personal relationships.
(3) the Prosecutor reads the charges set. In doing so, he places behind the new indictment in the cases of § 207, paragraph 3. In the cases of § 207, paragraph 2, the prosecutor submits the charge set by the legal assessment underlying the writ No. 3; also, he can express his dissenting legal opinion. In the cases of § 207, para 2, it considers the changes decided by the Court with the approval of the indictment to the trial no. 4.
(4) the Chairman shall, whether discussions have taken place according to the § 202a, 212, if the subject has been the possibility of an agreement (section 257 c) and, if so, their essential contents. This obligation applies also in the further course of the main proceedings, as far as resulting modifications compared with the release at the beginning of the main hearing.
(5) then the defendant is pointed out, that it is free him to comment on the charges or not to testify to the thing. The defendant on the statement is ready, he is heard in accordance with § 136 paragraph 2 to the thing. Criminal record of the accused should identified only in so far as they are for the decision of importance. When detected, the Chairman shall designate.

Section 244 (1) after the hearing of the accused follows the taking of the evidence.
(2) the Court to extend the taking of evidence, which are for the decision of significance to the research of the truth officio on all facts and evidence.
(3) a proof request should be rejected if the collection of evidence is inadmissible. In addition a proof cannot be based off only, if a collection of evidence because the evidence is superfluous if the fact to be proven for the decision without meaning or already proven, if the evidence completely inappropriate or if it is unavailable, if the application for the purpose of the spread of the process, or if a serious allegation, which proved to the discharge of the accused should be , can be treated as if the alleged fact would be true.
(4) a proof request on hearing an expert may, be refused unless otherwise provided, also if the Court itself has the required competence. An additional expert consultation may be refused even if the opposite of the alleged fact is already proven by the previous opinion; This does not apply if the competence of the previous reviewer is doubtful, if his opinion is incorrect actual conditions, if the opinion contains contradictions, or if the new expert has research funds that appear superior to those of a previous reviewer.
(5) a proof request for taking an inspection may be refused if the inspection is not required according to the reasonable discretion of the Court to the research of the truth. Under same condition, and a questioning of witnesses proof request may be refused would be to bring about its cargo abroad.
(6) the rejection of an application of the evidence requires a court order.

§ 245 (1) is the evidence on all pre-loaded by the Court and also published by witnesses and experts, as well as on the other according to section 214 (4) the Court or the public prosecutor's Office purchased forth evidence to extend, unless that evidence is inadmissible. The collection of evidence may be waived if the public prosecutor's Office, the defender and the defendant so agree.
(2) witnesses released an extension of evidence on the preloaded by the accused or the public prosecutor's Office and also and experts as well as on the other evidence procured about the Court is only required if a proof request is made. The application should be rejected if the evidence is inadmissible. In addition he may be rejected only, if the fact to be proven, is already proven or evident between you and the subject-matter of the judgment there is no connection, if the evidence is totally inappropriate, or if the application for the purposes of the spread of the process.

§ 246 (1) a collection of evidence may not be rejected because the evidence or the fact to be proved is been put forward too late.
(2) has been but a to vernehmender witness or expert made so late designating the opponents of the applicant or so late brought a fact to be proved, that the opponents have lacked at the time required for the recovery of inquiries, he can apply for the suspension of the trial for the purpose of the information until the conclusion of the evidence.
(3) the public prosecutor's Office and the accused at the for witnesses loaded on the orders of the Chairman or of the Court or experts have the same authority.
(4) the Court the proposed discretion.

section 246a (1) be considered placing the defendant in a psychiatric hospital or in the backup storage will be ordered or reserved, an expert on the State of the accused and the treatment prospects to hear at the trial. The same applies, if the Court is considering to arrange accommodation of the accused in a detox facility.
(2) is been in criminal charges because of a section called 181 b of the Criminal Code offence to the detriment of a minor and issuing a directive comes after section 153a of the law or according to the § § 56 c, 59a 2 paragraph 1, point 4 or § 68 b paragraph 2 sentence 2 of the criminal code into consideration, according to which the accused psychiatric, psycho - or social-therapeutic care for themselves and treat has set (therapy instruction) , is an expert on the State of the accused and the prospects of the treatment be heard, insofar as this is necessary to determine whether the defendant of such care and treatment is needed.
(3) the expert not previously examined the accused, so should be given opportunity to before the main hearing him.

Section 247 the Court may order that the accused located during a hearing out of the meeting room, if it is to be feared, a co-defendant or a witness won't tell the truth in his interrogation in the presence of the accused. The same is true when in the interrogation of a person under 18 years of age as a witness in the presence of the accused is a significant disadvantage for the welfare of the witness to fear, or if a hearing of another person as a witness in the presence of the accused urgent risk of serious harm to their health. The removal of the accused can be arranged for the duration of discussions on the State of the accused and the prospects of the treatment, if a significant drawback is to fear for his health. The Chairman has the defendant once again present, to inform what has been testified during his absence or otherwise negotiated the essential content of.

section 247a (1) is a urgent risk of a serious disadvantage for the welfare of the witness, if present being interviewed which in present in the main proceedings, as the Court may order that the witness is during the interrogation at a different location; such an arrangement is permitted under the conditions of § 251 par. 2, as far as this is necessary for the research of the truth. The decision is final. The statement is transmitted at the same time in image and sound in the meeting room. She should be recorded if is to get, that the witness in a further hearing may not be heard and the record to the research of the truth is required. section 58a, paragraph 2 finds appropriate application.
(2) the Court may order that the hearing of an expert in the way is that it is at a place other than the Court and simultaneously transmitted the interrogation in image and sound in the place in which the expert holds up, and in the meeting rooms. This does not apply in the cases of § 246a. The decison is final pursuant to sentence 1.

§ 248 
Have heard witnesses and experts may remove only with the permission or on the statement of the Chairman of the Court Office. The public prosecutor's Office and the accused can be heard before.

Certificates and other documents serving as evidence are recited to section 249 (1) at the trial. This is true in particular of previously issued criminal sentences, sentence lists and excerpts from church registers and registers of civil status and shall also apply to logs about the taking of the judicial inspection.
(2) by the reading may, be, waived except in the cases of §§ 253 and 254, if the judges and people's assessors by the wording of the document or the document have taken note, and the other interested parties, have had the opportunity. The public prosecutor, the accused or the defenders immediately contradicts the order of the Chairman, to procedures pursuant to sentence 1, the Court decides. The arrangement of the Chairman, the findings about the knowledge and the opportunity to do this, and the opposition are to be recorded in the minutes.

Section 250 of the proof of a fact is based on the perception of an individual, this is so in the main proceedings to hear. The hearing must not be replaced by reading the log recorded on an earlier hearing or a written statement.

§ 251 (1) the hearing of a witness, expert or fellow suspect can be replaced by reading a transcript of a hearing or a certificate that contains a written declaration derived from his that, 1 if the defendant has a lawyer and Prosecutor, the defender and the defendant so agree;
2. If the witness, expert or fellow accused died or for any other reason in the foreseeable Court not can be heard
3. as far as the transcript or certificate concerned the existence or the amount of property damage.
(2) the hearing of a witness, expert or fellow suspect may also be replaced by the reading of the minutes of its previous judicial interrogation, if 1 not to be discredited disease, infirmity, or other obstacles the appearance of the witness, expert or fellow accused in the main proceedings for a long or uncertain time;
2. the witness or expert appearing in the trial due to great distance, taking into account the importance of his statement; are not expected
3. the Prosecutor, the defenders and the accused with the reading agree.
(3) should the reading the verdict, purposes other as imminent in particular to the preparation of the decision, whether the charge and questioning a person should be made, hearing transcripts, certificates, and other documents serving as evidence may be read otherwise.
(4) in the cases of paragraphs 1 and 2, the Court decides whether the reading is arranged. The reason of the reading will be announced. Will read the minutes of a court hearing, so determined, whether the washed is been sworn in. The swearing-in ceremony is made up if she appears to require the Court and is still executable.

Section 252 may not read the testimony of a witness examined before the main proceedings, which makes use only at the trial of his right to refuse testimony,.

A witness or expert explains article 253 (1) that he is a fact no longer remember, so the limitation on part of the Protocol can be read about his earlier testimony to support his memory.
(2) the same can happen if a prominent in questioning contradiction with the previous statement otherwise without interruption of the trial can be established or fixed.

Section 254 (1) statements of the accused, which are contained in a judicial Protocol can be read for the purpose of evidence about a confession.
(2) the same can happen if a prominent in questioning contradiction with the previous statement otherwise without interruption of the trial can be established or fixed.

§ 255 in the cases of §§ 253 and 254 is the reading and her reason at the request of the Prosecutor or the accused in the log to mention.

section 255a (1) the to the reading of minutes via a rules for the presentation of the image-sound-recording of an examination hearing pursuant to §§ 251, 252, 253 and 255 according to.
(2) in proceedings for offences against sexual self-determination (sections 174 to 184 h of the Criminal Code) or the life (sections 211 to 222 of the Penal Code), due to abuse of wards (article 225 of the Penal Code) or for offences against personal freedom after the articles 232 and 233a of the Penal Code the interrogation of a witness under the age of 18, his previous judicial questioning can be replaced by the demonstration of image-sound-recording , if the defendant and his defenders there had a chance to participate in this. This also applies to witnesses who are injured of one of these offenses and were under 18 years old at the time of the Act. The Court has to take into account the legitimate interests of the witnesses at his decision and to announce the reason for the demonstration. A supplementary questioning of witnesses is permitted.

Section 256 (1) reading can be 1 containing the a testimony or an expert opinion statements a) public authorities, b) the experts who are sworn in for the preparation of reports of the species in General, as well as c) of doctors of a gerichtsärztlichen service with exclusion of good conduct certificates, 2 medical certificates on bodily injury, which do not belong to the serious, 3. medical reports to the taking of blood samples , 4. opinion on the evaluation of a tachograph, the determination of blood group or of the blood alcohol content including its retroactive accounting and 5 protocols as well as in a document contained statements of law enforcement agencies on investigative measures, as far as these have not a questioning on the subject.
(2) is the opinion of a collegial professional authority has been obtained, as the Court may request the authority to appoint one of its members with the representation of the opinion in the main proceedings and to refer to the Court.

§ 257 (1) after the hearing of each co-accused and to each individual evidence the defendant should be questioned if he had to do so to explain something.
(2) upon request, be given the opportunity also to the Prosecutor and the defender after the interrogation of the accused and to each individual evidence, to explain is.
(3) the statements may not anticipate the final lecture.

section 257a the Court may order the parties to make proposals and suggestions in writing to questions of procedure. This shall not apply in the case of the applications referred to in section 258. § 249 finds appropriate application.

§ 257 b of that court may in the main hearing, discuss the State of play with the parties extent deemed suitable to promote the procedure.

section 257 c (1), that court may communicate in appropriate cases with the parties in accordance with the following paragraphs about the further progress and the outcome of the procedure. Section 244 subsection 2 shall remain unaffected.
(2) only the legal consequences may be subject to this agreement, which may be content of the judgment and the corresponding decisions, other procedural measures in the underlying proceedings, as well as the process behavior of the parties. Part of any understanding to be a confession. The guilty verdict, as well as measures of improvement and assurance must be not subject to an understanding.
(3) the court announces what could have the understanding. It can specify also an upper and lower limit of the penalty under free appreciation of all the circumstances of the case, as well as of the General sentencing considerations. The parties will have opportunity to comment. The agreement is concluded when defendant and Prosecutor agree to the proposal of the Court.
(4) the binding of the Court on a communication link shall not apply if legally or in fact significant circumstances have been overlooked or newly emerged and the Court therefore come to believe, that the penalties provided in Vista is not tat - or blame reasonably. The same applies if the further process behaviour of the accused is not behavior that is been based on the forecast of the Court. The confession of the accused may not be recycled in these cases. The Court must inform a deviation.
(5) the accused is to teach about the conditions and consequences of a deviation of the Court in view of result pursuant to paragraph 4.

The public prosecutor and then the accused to their designs and applications get the Word section 258 (1) after the conclusion of the evidence.
(2) the defense is entitled to the Prosecutor; the last word goes to the defendant.
(3) the defendant is, even if a defender for him, has spoken to ask whether he had to give himself something to his defense.

Section 259 (1) at least the motions of the Prosecutor and the Defender must be made known from the final lectures a the language of the courts is not powerful defendants through the interpreter.
(2) the same applies to a hearing or impairment accused accordance of § 186 of the Judicature Act.

Article 260 (1) includes the of the judgment following on the advice the trial.
(2) If a professional disqualification is arranged, the profession, to refer to the profession, the industry or the commercial branch, the exercise of which is prohibited, shall in the judgment.
(3) the suspension of the procedure is to pronounce the judgment if a procedural obstacle.
(4) the judgment formula specifies the legal designation of the Act that the accused is guilty. A criminal offence has a legal title, it should be used to the legal name of the Act. Is a fine is imposed, number and level of day rates in the judgment formula are to record. The decision on the backup storage reserves the right, subject to the sentence or detention order of improvement and assurance to the probation, cautioned the defendant with punishment reserved or apart from punishment, this is judgment formula expressed to bring. In addition, the version of the ruling formula is subject to the discretion of the Court.
(5) according to the formula of the judgment, the applied rules are listed according to paragraph, paragraph, number, letter and with the name of the law. Is when a conviction is detected by the imprisonment or total imprisonment of not more than two years, the fact their importance for most of the acts on the basis of a narcotic dependency committed or been § 17 paragraph 2 of the federal Central Register law to lead is also so.

Section 261 of the outcome of the evidence the Court shall decide after his free, siphoned from the epitome of the trial conviction.

§ 262 (1) depends on the criminality of an act from the evaluation of civil legal relationship, the Criminal Court shall decide according to the rules applicable to the proceedings and the evidence in criminal matters also about this.
(2) the Court is however authorised to suspend the investigation and determine a deadline for one of the parties to the bringing of the civil action, or to wait for the ruling of the civil court.

§ 263 (1) to any adverse to the defendant decision on the question of guilt and the legal consequences of the Act requires a majority of two-thirds of the vote.
(2) the question of guilt includes also such circumstances especially provided for by the Penal Code, which exclude criminal liability, reduce, or increase.
(3) the question of guilt is not the conditions of the limitation period.

Section 264 (1) subject to the decision is the fact referred to in the indictment as it appears the hearing after the result.
(2) the Court is not bound to the assessment of the fact, that underlies the decision on the opening of the main proceedings.

Section 265 (1) the accused may not be condemned on the basis of other than that of Penal Code stated in the Court approved charges without that he previously particularly pointed out the change of the legal viewpoint and given the opportunity to defend him.
(2) likewise is to proceed, if only in the negotiation of the Penal Code circumstances provided for special arise, which increase the criminality or justify the arrangement of a measure of improvement and assurance.
(3) denies the defendant under the claim on the defense to be prepared, not enough is newly incurred out circumstances which allow the application of a serious criminal act against the defendant as the stated in the Court approved charge or which belong to the referred to in the second paragraph, to suspend the trial at his request.
(4) otherwise, the Court on application or of the hearing official has to suspend, if deemed appropriate as a result of the changed situation of sufficient preparation for the prosecution or the defense.

section 265a agreement regulations or directives (§ § 56, 56c, 59a para 2 of the Criminal Code) into account, the accused in appropriate cases is to ask whether he offers services which serve the satisfaction for the committed wrongs, or promises for his future lifestyle. The instructions into consideration, to undergo a treatment or a rehab or to stay in a suitable home or an appropriate institution, comes he comes to ask whether he gives his consent for this purpose.

The Prosecutor at the trial extends § 266 (1) the charges on other offences of the accused, so the Court can include them by decision in the procedure, if it is responsible for them and the defendant agrees to.
(2) the supplementary charges may be raised orally. Their contents correspond to the article 200, paragraph 1. It is recorded in the minutes. The Chairman gives opportunity to defend the accused.
(3) the Conference is interrupted if the Chairman considers it necessary, or if the accused requested it and his request is not obviously malicious or just to delay the proceedings. The right to apply for the interruption, the defendant will be pointed out.

§ 267 (1) the defendant is sentenced, so the judgment reasons must specify the facts deemed to be proven, where the legal characteristics of the offence will be found. As far as the evidence from other facts is concluded, even these facts should be specified. Pictures are located in the files can be referenced here for details.
(2) circumstances provided for particular were claimed in the proceedings of the Penal Code which exclude criminal liability, reduce, or increase, so the judgment reasons need to argue about, whether these circumstances for established or not established are considered.
(3) the reasons of the criminal judgment must refer also the Penal Code to the application and lead the circumstances that would have been decisive for the Admeasurement of the penalty. Makes dependent the Penal Code mitigations from the existence of less severe cases the judgment reasons must show why these circumstances are accepted or denied a request made at the hearing contrary to; This applies to the imposition of a custodial sentence in cases of § 47 of the Penal Code. The judgment reasons must also evaluate why a particularly serious case is not accepted, if the conditions are met under which according to the Penal Code is usually such a case; These conditions are not available, a particularly serious case is assumed but nevertheless set shall be 2 according to. The judgment reasons must also evaluate why the sentence of probation has been exposed or not exposed to a request made at the hearing contrary to; This applies correspondingly for the warning with punishment reserved and the appearance of punishment. A mutual agreement (§ 257 c) preceded the judgment, also this in the judgment reasons to specify is.
(4) any person entitled to challenge waive appeal or no appeal is lodged within the time limit, so must the proven facts, where the legal characteristics of the offence will be found, and the applied Penal Code are specified; judgments denominated only in fine or in addition to a financial penalty the banning or withdrawal of the driving licence and together order the confiscation of the licence or on warning with punishment reserved can this be referenced on the approved charges set, on the charges in accordance with section 418, paragraph 3, sentence 2 or the indictment, and the indictment request. Paragraph 3 sentence 5 shall apply mutatis mutandis. The Court, taking into account the circumstances of the case determined the further content of the grounds of judgment in its sole discretion. The judgment reasons may be supplemented within the time limit provided for in section 275, paragraph 1, sentence 2, if restitutio in integrum is granted against the non-observance of the time limit for the appeal.
(5) the defendant is cleared, so the judgment reasons must evaluate whether the accused for not transferred or whether and for what reasons for not punishable action adopted for proven is considered. Give all eligible to challenge on appeal or within the period no appeal lodged, so needs only to be specified whether the specified offence for factual or legal reasons not noted the defendants to load. Paragraph 4 sentence 3 shall apply.
(6) the judgment reasons must also show why a measure of improvement and assurance has been arranged, subject to a decision on the backup storage or not arranged a request during the proceedings contrary to or not reserved. Is not withdrawn the licence or a lock not arranged according to section 69 subsection 1 sentence 3 of the Penal Code, although this came to the nature of the offence into account, so the judgment reasons must evaluate always, why the measure has not been ordered.

Article 268 (1) the judgment shall be given on behalf of the people.
(2) the sentence is announced by reading the judgment formula and opening of the judgment reasons. The opening of the judgment reasons is done by reading or oral communication of their essential content. In deciding whether the judgment reasons are recited or its essential content is communicated orally, as well as in the case of oral communication of the essential substance of the judgment reasons taken into consideration should be the legitimate interests of those involved, witnesses or injured. The reading of the verdict formula has to go ahead in any case the communication of the reasons for judgment.
(3) the verdict should be announced at the end of the trial. It must be announced at the latest on the eleventh day thereafter, otherwise the trial again to start. Sentence 2 shall apply accordingly § 229, paragraph 3 and paragraph 4.
(4) the judgment was exposed, so are the judgment reasons in writing if at all possible to determine.

section 268a (1) suspended the sentence to probation in the judgment or warned the defendant with punishment reserved, so the Court meets in the sections 56a to 56d and 59a of the Penal Code referred to decisions by decision; This is to announce the decision.
(2) paragraph 1 shall apply accordingly, if in the judgment, a measure of improvement and assurance to the parole is suspended or arranged in addition to the penalty of management supervision, and the Court makes decisions after the article 68a-68 c of the Penal Code.
(3) the Chairman instructed the defendants about the importance the suspension of sentence or detention order of probation, a warning with punishment reserved or management supervision, over the duration of the probation period or the supervision of the management, the regulations and directives and the possibility of the cancellation of the suspension or of the conviction to the reserved punishment (section 56f subsection 1, sections 59 b, 67 g para 1 of the Penal Code). Granted him the Court accused instructions according to § so taught 68 b of paragraph 1 of the Penal Code, the Chairman also of the possibility of a punishment section 145a of the Penal Code. The instruction is usually following the announcement of the decision to grant pursuant to paragraphs 1 or 2. Is exposed to accommodation in a psychiatric hospital to the probation, the Chairman can refrain from the instruction on the possibility of the withdrawal of the suspension.

§ at the same time by virtue is 268 b If the judgment precipitation over the continuation of the pre-trial detention or temporary lodging to decide. The decision is to announce the verdict.

section 268c placed a driving ban in the judgment, so the Chairman instructed the defendants about the start of the ban period (§ 44 para 3 sentence 1 of the Penal Code). The instruction is given in the following sentencing. Was made to the judgement in the absence of the accused, he shall in writing to instruct.

§ 268d is reserved in the judgment in the arrangement of the backup storage according to section 66a, paragraph 1 or 2 of the Penal Code, so the Chairman informed the accused about the meaning of the reservation, as well as over the period on the reservation stretches.

§ 269 may explain the Court not to decline jurisdiction because low-order belong the matter before a court.

Article 270 (1) where a court considers after the start of a trial the substantive jurisdiction of a Court of higher-order to be well-founded, as it references the thing by decision of the competent court; § applies 209 a no. 2 letter a. As well is to proceed, if the Court considers a timely claim objection of the accused under section 6a to be well-founded.
(2) in the decision, the Court referred the effect of a decision opening the main proceedings the accused and the Act referred to in § 200 para 1 sentence 1 (3) who has decision. Its voidability determines itself according to § 210. (4) the referral decision by a criminal judge or a magistrate court did, so the defendant can apply for making individual evidence prior to the main hearing within a period specified in the notice of the decision. The Chairman of the Court to which the matter has been referred decides on the request.

§ 271 (1) on the hearing is to include a Protocol and be signed by the Chairman and the Registrar of the Office, as far as this was present at the trial. The day of completion is to specify it.
(2) if the Chairman is prevented, the oldest judge sitting in signs for him. The Chairman is the only judicial member of the Tribunal, the signature of the Registrar of the Office is enough in his absence.

§ 272 1 contains the Protocol of the hearing the place and the day of the trial.
2. the names of the judges and people's assessors, the officials of the public prosecutor's Office, the functions of the Office and interpreter drawn to;
3. the name of the offence to the prosecution;
4. the names of the accused, their Defender, Prosecutor, civil action, injured, claims arising from the offence not assert, the other first, legal representatives, agents and Adviser;
5. the claim that publicly negotiated or the public is excluded.

Section 273 (1) the Protocol must reflect the course and the results of the trial essentially and can be seen to make the observance of essential formalities, contain also the name of the read out documents or those that by their reading pursuant to article 249, paragraph 2 has been seen off, as well as the applications submitted in the course of the trial, handed down decisions and judgment formula. The Protocol also the essential process and content of discussion must be included in b after section 257.
(1a) the Protocol must reflect after section 257 c also the essential process and content, as well as the result of an understanding. The same applies to the attention of in § 243 para 4, § 257c paragraph prescribed 4 sentence 4 and paragraph 5 messages and teachings. Has an understanding not taken place, this log is also noted.
(2) from the main hearing before the criminal judge and the Court of Aldermen are also the essential results of the interrogations in the log to record; This does not apply if all eligible to challenge waive appeal or no appeal is lodged within the time limit. The Chairman may order individual interrogations in relation to phonograms recorded instead of the intake of the essential questioning results in the log. The phonogram is to take the files or to be kept at the Office with the files. section 58a, paragraph 2, sentence 1 and 3 to 6 shall apply mutatis mutandis.
(3) it's up to establish an operation at the trial or the text of a statement or a statement, the Chairman has to rearrange the complete Niederschreibung and read out on its own initiative or at the request of a person involved in the negotiations. The President rejects the order, the Court shall at the request of a person involved in the negotiations. In the log, it is important to note that the sorting is done and the approval or which objections have been raised.
(4) before the Protocol is completed, the judgment must not be too.

§ 274 observing the formalities prescribed for the main hearing can be proved only by the Protocol. Only the evidence of forgery is allowed against the content of the Protocol concerning these formalities.

Article 275 (1) is not already fully taken the judgment with the reasons in the log, so, it is immediately to the files to install. This must be done no later than five weeks after the announcement; This period can be extended if the trial has lasted three days longer than two weeks, and the trial has lasted ten days longer than for each begun section 10 trial days to two weeks. After the deadline, the reasons for judgment may be changed. The time limit may be exceeded only, if and as long as the Court is has been hindered by a not foreseeable in certain cases unavoidable circumstance on their compliance. The date of receipt and a change in the reasons is to note by the Secretariat.
(2) the judgment is by the judges, who have been involved in the decision to sign. A judge is unable to add his signature, so this is recorded stating the reason for preventing the Chairman and at his Indespensability by the oldest associate judge in the judgment. The aldermen's signature is not required.
(3) the name of the day of the meeting, as well as the names of the judges, the aldermen, the officials of the public prosecutor's Office, the defender and of the Registrar of Office, who took part in the meeting, are to take up in the judgment.
(4) the copies and extracts of judgments are be signed by the Registrar of the Office and to the Court seal.
Seventh section deciding whether reserved in the judgment or the subsequent arrangement of backup storage section 275a 
(1) the arrangement of the backup storage is in the judgment reserved (§ 66a of the Penal Code), the executing authority shall send the files in time to the Prosecutor of the Court. This passes the files in time the Chairman of the Court that a decision may be date referred to in paragraph 5. Accommodation in a mental hospital in accordance with section 67d paragraph 6, sentence 1 of the Penal Code for done is been declared, the executing authority shall the files immediately to the public prosecutor of the Court for a subsequent order of the backup storage (§ 66 b of the Penal Code) is responsible. This intends to apply for a subsequent arrangement of backup storage, it informs the person concerned. The public prosecutor's Office should immediately apply for the subsequent arrangement of backup storage and passed him the Chairman of the Court together with the files.
(2) the sections 213 to 275 shall apply for the preparation and execution of the main hearing, unless otherwise regulated by the following.
(3) after the hearing has begun in accordance with article 243, paragraph 1, a Rapporteur in the absence of witnesses will talk about the results of the previous procedure. The Chairman reads the previous judgment, insofar as it is to decide on the retention or the subsequent arrangement of securing custody of importance. Then the questioning of the Shawshank Redemption and the taking of evidence is carried out.
(4) the Court seek the opinion of an expert before deciding. Is to decide on the subsequent arrangement of backup storage, the opinion of two experts must be obtained. The expert may have been involved in the context of the correctional system or of the operation of the accommodation with the treatment of the sentenced person.
(5) the Court must decide no later than six months before the full enforcement of the sentence about the reserved arrangement of backup storage.
(6) urgent reason to believe exist, that the subsequent security custody is ordered, the Court can issue a housing command up to the legal force of the judgment. The adoption of housing command jurisdiction for the decision pursuant to § 67d, paragraph 6, of the criminal code's so long, until the application is on the order of subsequent security custody at the court competent for this decision. In the cases of § 66a of the Penal Code, the Court can issue a housing command up to the legal force of the judgment if it retained custody of the backup has arranged time in first instance to the in section 66a paragraph 3 sentence 1 of the Penal Code. The sections 114 to 115a, 117 119a and 126a para 3 shall apply mutatis mutandis.
Eighth section proceedings against absent § 276 a defendant is absent, if his stay is unknown or if he resides in a foreign country and appears not executable or not reasonable its presentation before the competent court.

section 285 (1) against an absent held no trial sections 277 to 284 (dropped out). The procedure initiated against an absent person has the task to secure evidence in case his future provision.
(2) this procedure shall apply the provisions of §§ 286-294.

A defender can occur § 286 for the accused. Even relatives of the accused are also without power of Attorney, to admit as a representative.

Section 287 (1) a notification of the progress of proceedings not entitled to the absent defendants.
(2) the judge is an absent person, whose Aufenthalt is known to go to notifications, but entitled.

The absentee whose Aufenthalt is unknown, can section 288 in one or several public pages to appear in court or will be prompted to indicate his place of residence.

§ 289 turns out only the absence of the accused after the main proceedings, so the required evidence be carried out by an authorized or requested judge.

Article 290 (1) grounds for suspicion exist against the absent, against whom the public complaint is raised, which would justify issuing an arrest warrant, then owned assets may be allocated its within the scope of this federal law by order of the Court with fittings.
(2) for such crimes, which until six months or with fine up to one hundred eighty daily rates are threatened, held no assets seizure only with imprisonment.

Section 291 which verhängende decision the seizure is to be published in the Federal Gazette and can be published according to the discretion of the Court in other appropriate ways.

The accused loses the right to dispose of the assets taken into fitting under living section 292 (1) with the date of first publication in the Federal Gazette.
(2) the decision were the seizure is to inform the authority, which is responsible for the introduction of a curatorship over absentee. This authority has to initiate a guardianship.

§ 293 (1) that seizure should be repealed if their reasons have disappeared.
(2) the lifting of the seizure is known to do, such as the announcement of the seizure in the same way. Is the publication according to § 291 in the Federal Gazette, whose deletion is also to arrange; the publication of the lifting of the seizure in the Federal Gazette is to delete after the expiration of one month.

§ 294 (1) for the process occurring according to survey the public complaint the that rules on the opening of the main proceedings according to.
(2) under this procedure decision (§ 199) does at the same time, to decide on the continuation or lifting of the seizure.

Safe passage section 295 (1) that court may grant an absent accused persons; It can make this grant conditions.
(2) the safe passage granted exemption from pre-trial detention, but only because of the offence for which it is granted.
(3) is void if a judgment denominated in imprisonment is made or if the defendant meets institutions to escape or if he does not meet the conditions, under which granted the safe escort has been.
Third book appeal first section general rules of § 296 (1) the permissible appeals against court decisions are available both to the public prosecutor's Office as the accused.
(2) the public prosecutor's Office can make use of them also in favour of the accused.

Section 297 of the accused may be the defenders, but not against the explicit will, appeal.

The period current on the suspect independently permitted appeals make use of article 298 (1) who can legal representative of an accused person.
(2) such an appeal and the procedure are the rules applicable to the appeal of the accused apply mutatis mutandis.

The declarations relating to appeals, Court of the Office of the District Court give section 299 (1) who can not being accused at large, in whose district lies the Institute, where he is kept on official orders.
(2) to a deadline, it is sufficient if the Protocol within the time limit.

§ 300 a mistake in the name of the allowed appeal is harmless.

Article 301 has the effect that the contested decision also in favour of the accused can be amended or repealed any appeal submitted by the public prosecutor's Office.

Section 302 (1) the withdrawal of an appeal and the absence of an appeal can occur well before the deadline for his appeal effectively. A mutual agreement (§ 257 c) preceded the judgment, a waiver is excluded. An appeal that is pickled by the public prosecutor's Office in favour of the accused may not be back without his consent.
(2) the Defender requires express authorisations to the withdrawal.

§ 303 when the decision on the appeal on the basis of oral proceedings to take place, so can be the withdrawal after the start of the trial only with the consent of the opponent. The withdrawal of an appeal of the accused but not the consent of the prosecution.
Second section complaint section 304 (1) the appeal is admissible against all resolutions adopted by the courts in the first instance or in appeal and against the orders of the Chairman, the judge in the preliminary proceedings and a contracted or requested judge, unless the law expressly deprives them a challenge.
(2) also witnesses, experts and other persons may collect complaints against decisions and orders, through which they are concerned.
(3) decisions about costs or necessary expenses, the appeal is allowed only if the value of the object of complaint exceeds 200 euros.
(4) against decisions and orders of the Federal Court of Justice, no appeal is admissible. The same is true for decisions and orders of the courts of appeal; in cases in which the courts at first instance are responsible, the complaint is allowed against decisions and orders, which 1 relate to the arrest, provisional accommodation, accommodation to the observation, seizure, search, or the measures referred to in article 101, paragraph 1, 2.
the main proceedings reject or adjust the procedure because of a procedural obstacle, 3. rearrange the hearing in the absence of the accused (section 231a) or pronounce the referral to a Court of lower order, 4 concerning the inspection of files or 5. revocation of suspended sentence, the revocation of the indiscriminate and the conviction to the reserved punishment (§ 453 paragraph 2 sentence 3), the order of provisional measures to secure the revocation (section 453 c) , the suspension of the remainder of the punishment and its withdrawal (article 454, para. 3 and 4), the reopening of the case (section 372 set 1) or the forfeiture, confiscation or making useless under the section concerning § 440, 441, sect. 2 and § 442;
paragraph 138d paragraph 6 shall remain unaffected.
(5) against the orders of the investigating magistrate of the Federal Supreme Court and the higher regional court (§ 169 section 1) may the appeal only if they relate to the arrest, provisional accommodation, seizure, search, or the measures referred to in article 101, paragraph 1.

§ 305 decisions of the discerning courts that precede the judgment precipitation, are subject to no appeal. Decisions about arrests, interim accommodation, seizures, the provisional withdrawal of the driving licence, the provisional prohibition of the profession or the imposition of regulatory or coercive and all decisions by the third persons are concerned are excluded.

section 305a (1) against the decision to section 268a para 1, 2 is allowed on appeal. She can be based only on that a made order is illegal.
(2) will appeal against the decision and against the verdict placed an allowed revision, so the Court of Cassation also to the decision on the complaint is responsible.

Section 306 (1) is the complaint at the Court, the contested decision is adopted, to the Court of Office of or by its Chairman or in writing set.
(2) deemed the Court or the President, whose decision is contested, that complaint to be well-founded, so have they to help her; otherwise, the complaint immediately is to submit the appeal court at the latest before the end of three days.
(3) these rules apply also to the decisions of the judge in the preliminary proceedings and the contracted or requested judge.

Section 307 (1) by filing the appeal of enforcement of the contested decision is not suspended.
(2) However, the Court Chairman or the judge, whose decision is contested, as well as also the appellate court order that the enforcement of the decision to suspend is may.

The decision not to the detriment of the opponent of the complainant's change § 308 (1) that may appeal court, without that the complaint about the denial is communicated this. This does not apply in the cases of § 33 para 4 sentence 1 (2) the appellate court may order investigations or even make.

Section 309 (1) the decision on the appeal is issued without oral proceedings, where appropriate after consultation with the public prosecutor's Office.
(2) shall be deemed the complaint to be well-founded, the Court of appeal at the same time adopts the decision required in the.

§ 310 (1) decisions which have been adopted by the District Court or of the competent according to § 120 para 3 of the courts act Court of appeal on the appeal and can be challenged by another complaint when she 1 arrest, 2. an interim accommodation or 3. an arrangement of the REM arrest pursuant to § 111 b paragraph 2 in conjunction with § 111 d for an amount of more than 20,000 euro concern.
(2) in the other a further appeal against of the decisions handed down on an appeal does not take place.

Section 311 (1) for the cases of the instant appeal the following special provisions apply.
(2) the complaint shall be within one week; the period begins with the notice (section 35) of the decision.
(3) the Court is not entitled to a modification of his decision contested by appeal. It helps but off the complaint if it has recycled facts or evidence results to the detriment of the complainant, including this still not been consulted, and it considers the appeal to be well-founded on the basis of the subsequent submissions.

section 311a (1) upheld the appeal court of a complaint without hearing the opponent of the complainant and his decision may not be appealed, so it has that, if the resulting disadvantage still him thus, officio or on request to hear and on an application to decide. The appellate court can change his decision even without application.
(2) the §§ 307 relating to the proceedings, 308 para 2 and § 309 paragraph 2 accordingly.
Third section § 312 against the judgments of the criminal courts and the Court of Alderman is appeal allowed.

Article 313 (1) is the defendant sentenced to a fine of not more than fifteen daily rates, is no more than fifteen day rates in the event of a warning the reserved punishment or is a sentence to a fine, so the appeal is allowed only if it is accepted. The same applies if the defendant has been acquitted or the case dropped and prosecutors sought a fine of not more than thirty daily rates had.
(2) the appeal is accepted if it is not manifestly unfounded. Otherwise, the appeal as inadmissible is discarded.
(3) an appeal against a judgment denominated in fine, acquittal or setting due to a misdemeanor is always to think if the appeal to allow or allowed according to article 80, paragraph 1 and 2 of the code of administrative offences according to section 79, paragraph 1, of the code of administrative offences. In addition, paragraph 2 shall apply.

Section 314 (1) must the appeal before the Court of first instance within one week after the judgment to the Court of Office or be put in writing.
(2) the judgment not in the presence of the accused took place, so the period for this delivery, unless in cases of sections 234, 387 para 1, § 411 para the announcement in the presence of the Defender with written power of Attorney has not taken place 2 and § 434 paragraph 1 sentence 1.

§ 315 (1) the beginning of the time limit for the filing of the appeal is not excluded as a result, a restitutio in integrum may be sought against a judgment delivered on the absence of the accused.
(2) the defendant shall submit an application for restitutio in integrum, the appeal thus guarantees, thus, that she immediately in time is placed in the event of the rejection of the application. The more available in relation to the appeal remains then be suspended until the processing of the application for restitutio in integrum.
(3) the filing of the appeal without connection with the application for restitutio in integrum is considered abandonment of the latter.

Section 316 (1) by timely filing which will appeal the legal force of the judgment if it is challenged, inhibited.
(2) it is the complainant, the judgment with the reasons was still not closed after insertion of the appointment immediately to deliver.

§ 317 can appeal within another week after the deadline for the appeal or, if at that time the verdict was still not closed, after its delivery at the Court of first instance to the Court of Office, or in a notice of appeal be justified.

Section 318 the appeal may be limited to certain objections. Is this not happen or a justification does not occur at all, so the whole content of the judgment considered to be challenged.

Section 319 (1) the appeal is late, the Court of first instance has to reject the appeal as inadmissible.
(2) the appellant may apply within one week of notification of the decision on the appeal court's decision. In this case, the files of the Court of appeal should be sent; However, the enforcement of the judgment is this not inhibited. The provision of article 35a shall apply mutatis mutandis.

Section 320 is the appeal in a timely manner, the Office without regard to after the deadline to justify, whether a justification or not took place, submit the files of the public prosecutor's Office. This delivers, if the appeal of it is inserted, the documents concerning appeal and justification of the appeal the accused.

§ 321 the prosecutor sends the files to the public prosecutor at the Court of appeal. This passes the files within one week of the Chairman of the Court.

Section 322 (1) the Court of Appeal considered the rules on the insertion of the appointment, not for watching, it may discard the appeal decision as inadmissible. Otherwise, it decides by judgment; section 322a remains unaffected.
(2) the decision may be challenged with immediate appeal.

section 322a decides on the adoption of an appeal (section 313) by decision the Court of appeal. The decision is final. The resolution accepted the appointment requires no justification.

§ 323 (1) for the preparation of the main hearing, the rules of sections 214 and 216 to 225. In the summons, the defendant on the consequences of the absence of is expressly to point out.
(2) the charge of the witnesses heard in the first instance and experts can be avoided only if their repeated hearing to clarify the thing appears unnecessary. If it appears necessary, the Court of appeal orders the broadcast of a tape recording of a hearing in accordance with section 273 para 2 sentence 2 in a written record. Who manufactured the transmission, provides its own signature with the addition that the accuracy is confirmed the transfer. A copy of the written protocol is to grant the public prosecutor's Office, the defenders and the accused. The proof of the falsity of the transfer is allowed. The written protocol can be read in accordance with the section 325.
(3) new evidence are allowed.
(4) when choosing to load witnesses and experts, consideration is to take on the persons named by the defendant to justify the appeal.

Section 324 (1) after the trial has commenced according to the regulations of § 243 para 1, a Rapporteur in the absence of witnesses will talk about the results of the previous procedure. The judgment of the first instance is to read out, insofar as it is for the appeal of importance; the reading of the judgment reasons may be waived if the public prosecutor's Office, the defenders and the accused to refrain.
(2) then is the interrogation of the accused and the evidence.

Section 325 at the taking of evidence and reporting documents can be read; Protocols on statements of witnesses heard at the trial of the first instance and experts may, be apart from the cases of §§ 251 and 253, without the consent of the Prosecutor and the accused is not read if the repeated summons of witness or expert or by the defendant in good time before the main hearing was requested.

326 sec. after the conclusion of the evidence the Prosecutor and the defendant and his defenders with their designs and applications, and that the appellant be heard first. The last word goes to the defendant.

§ 327 of the inspection of the Court is subject to the judgment only insofar as it is contested.

§ 328 (1) as far as the appeal to be well-founded is found, has to tell the Court of appeal, set aside the judgment in the case itself.
(2) the Court of first instance with wrong accepted its jurisdiction, the Court of appeal, set aside the judgment referring the matter to the competent court has.

Section 329 (1) neither the defendant even in cases, where permitted, a representative of the accused appeared and the absence is excused at the start of a trial not enough, so the Court an appeal of the accused without reject negotiating the matter. This does not apply when the Court of appeals again negotiated after the matter has been referred back by the Court of Cassation. Conviction for one of several acts fell away, is so at the rejection of the appeal the contents of sustaining judgment be made clear; approved penalties can be attributed to a new total of penalty by the Court of appeal.
(2) under the conditions of paragraph 1 sentence 1 can be negotiated on an appeal of the Prosecutor even without the defendant. An appeal of the Prosecutor can be taken back in these cases also without the consent of the accused, except that the conditions of in paragraph 1 sentence 2 are available.
(3) the accused is entitled within one week after the delivery of the judgment the restitutio in integrum under the conditions referred to in the sections 44 and 45.
(4) if not proceedings under paragraphs 1 or 2, the demonstration or arrest of the accused is to arrange. This is clear if you expect that he will appear in the new-to-held main hearing without coercive measures.

§ 330 (1) is lodged the appeal by the legal representatives, as has the Court to summon even the accused to the trial and can forcibly take him in his absence.
(2) remains solely the legal representative at the trial, as is without him to negotiate. The legal representative nor the accused at the beginning of a trial published accordingly; section 329, paragraph 1 shall be only the accused didn't show up accordingly, section 329, paragraph 2, sentence 1 shall apply.

§ 331 (1) judgment may be in kind and amount of legal consequences of the action not to the detriment of the accused be changed if only the accused in his favour the public prosecutor or his legal representative has appealed.
(2) this provision does not preclude the arrangement of accommodation in a psychiatric hospital or a detox facility.

§ 332 in the other in given the sixth section of the second book of the main proceedings rules apply.
Fourth section revision § 333 against the judgements of the courts of appeal in the first instance and the judgments of the criminal courts and the courts of Assize may revision.

§ 334 (dropped out) § 335 (1) a judgment against the appeal is admissible, may instead challenged with appeal with revision will.
(2) the, that would be called to decide, if the revision would be filed after carried out appeal court on the revision.
(3) judgment sets a against an involved revision and an another appeal, will be treated as long as the appeal is not withdrawn or discarded as inadmissible, in time and in the prescribed form revision as a vocation. The revision requests and their justification are nevertheless to apply in the prescribed form and time limit, and to place the opponent (§§ 344 to 347). Against the Appeal judgment, revision is allowed according to the prevailing regulations.

Also the decisions which preceded the judgment unless it is based on them are subject to section 336 of the assessment of the Court of Cassation. This does not apply to decisions that expressly for final explains or immediate appeal shall lie.

§ 337 (1) who can review only supported, that the verdict was based on a violation of the law.
(2) the law is violated if a legal provision has been applied correctly or not.

§ 338 is always a judgment as to a violation of the law based to see 1 if the trial court was not properly staffed. the communication of the occupation was prescribed, according to section 222a so the revision on which illegal occupation are based only can a, as far as) the rules on the communication are been violated b) asserted in the prescribed form and in time objection which is illegal occupation ignored or rejected, c) the trial has been interrupted not pursuant to section 222a para 2 to check the cast or d) decided by the Court in a cast , whose Vorschriftswidrigkeit it; found according to § 222 para 2 sentence 2
2. If a judge or magistrate has participated in the judgment, by the exercise of the Office of judge by law excluded was;
3. If a judge or magistrate has collaborated in the verdict after he was rejected due to the partiality and the rejection of request either for justified was explained or; been discarded with wrong
4. If the Court has accepted its jurisdiction with wrong
5. If the main hearing in the absence of the public prosecutor's Office or a person whose Anwesenheit dictates the law occurred;
6. If the judgment on the basis of an oral hearing, where the rules on the public of the procedure hurt are;
7. If the judgment contains no reasons for the decision or not within the himself of section 275, paragraph 1, sentence 2 and 4 of resulting period to files have been linked;
8. If the defense in a matter essential to the decision is inadmissible has been limited by a decision of the Court.

§ 339 can the violation of legal norms, which are given only in favour of the accused, the public prosecutor's Office not be asserted for the purpose, to bring about a suspension of the judgment to the detriment of the accused.

§ 340 (dropped out) § 341 (1) revision to the Court, whose ruling will be challenged, within one week after the judgment to the Court of Office or be put in writing.
(2) the judgment not in the presence of the accused took place, so the period for this delivery, unless in cases of sections 234, 387 para 1, § 411 para the announcement in the presence of the Defender with written power of Attorney has not taken place 2 and § 434 paragraph 1 sentence 1.

§ 342 (1) the beginning of the time limit for the filing of the revision is not excluded as a result, a restitutio in integrum may be sought against a judgment delivered on the absence of the accused.
(2) the defendant shall submit an application for restitutio in integrum, the revision it is maintained that she immediately is inserted in a timely manner in the event of the rejection of that request and justified. The more available on the revision remains then be suspended until the processing of the application for restitutio in integrum.
(3) the filing of the revision without connection with the application for restitutio in integrum is considered abandonment of the latter.

§ 343 (1) by timely filing which will review the legal force of the judgment if it is challenged, inhibited.
(2) the complainant, which the judgment with the reasons was still not closed, it is after filing the revision to deliver.

Article 344 (1) the complainant has to give the explanation, to what extent he challenge the ruling and request its annulment to justify (revision requests), and requests.
(2) must be indicated out of the ground, whether the judgment for breach of a rule of law about the procedure or for breach of other legislation is challenged. Ersterenfalls have provided the facts containing deficiency.

The revision requests and their justification are § 345 (1) not later than within one month after the expiry of the period for appeal to the Court, whose ruling will be challenged to apply. The verdict at the time was still not closed, the period begins with the delivery.
(2) on the part of the defendant, this can happen only in a writing signed by the Defender or a lawyer, or to the Court of Office.

§ 346 (1) revision is belatedly inserted or the revision amendments brought to in time or not in the form prescribed in article 345, paragraph 2, the Court, whose ruling will be challenged to dismiss the cross-appeal by decision as inadmissible.
(2) the appellant may apply within one week of notification of the decision on the decision of the Court of Cassation. In this case, the files of the Court of Cassation shall be sent; However, the enforcement of the judgment is this not inhibited. The provision of article 35a shall apply mutatis mutandis.

§ 347 (1) revision is inserted in a timely manner and are the revision requests in a timely manner and in the prescribed form, the audit script is to be to the opponents of the complainant. This a written denial to submit shall be free, within a week. The accused may give the latter also to the Court of Office.
(2) upon receipt of the denial or after expiry of the period the prosecutor sends the files to the Court of Cassation.

§ 348 (1) the Court to which the files are sent, finds that the hearing and decision on the appeal belongs to the jurisdiction of another court, as it has by decision pronouncing its competence.
(2) this decision in which the Court of audit is to call is subject to any challenge and is binding for the Court referred to in it.
(3) the submission of files is done by the public prosecutor's Office.

Section 349 (1) the Court of Cassation considers the rules governing filing of revision or that its installation of revision requests for observation, it may discard the appeal decision as inadmissible.
(2) the Court of Cassation can also then decide on a request of the Prosecutor, which is to establish, by decision if it considers the revision unanimously for obvious unfounded.
(3) the public prosecutor's Office the complainant informs the application referred to in paragraph 2 with the reasons. The appellant may submit a written disclaimer at the Court of Cassation within two weeks.
(4) the Court of Cassation considers the revision created in favour of the accused unanimously to be well-founded, it may waive the judgment by decision.
(5) the Court of Cassation, paragraph 1, 2 or 4 does not apply, so it decides the appeal by judgment.

Place and time of the trial are the defendants and the Defender § 350 (1) to communicate. The notice to the defendant is not executable, the notification of the Defender is sufficient.
(2) the accused may appear at the trial or can be represented by a lawyer with written power of attorney. The defendant, who is not on free foot, has no right to presence.
(3) the accused is not on free foot, chose no Defender, becomes him, if he is not presented to the trial, at his request by the Chairman, a defender for the hearing ordered. The application must be within a week, after the deadline for the hearing citing his right to apply for the appointment of a defence counsel, is notified to the accused.

Article 351 (1) starts the hearing with the presentation of a Rapporteur.
(2) this first, heard the prosecution and the defendant and his defenders with their designs and applications, namely the complainant. The last word goes to the defendant.

§ 352 (1) the audit of the Court of cassation only the selected revision requests are subject to and, as far as the revision is based on defects of the procedure, only the facts that have been designated at installation of the revision requests.
(2) a further justification of revision requests as the para 2 prescribed is not required in paragraph 344, and if it is incorrect, harmless.

Section 353 (1) as far as the revision to be well-founded is considered, is the judgment to pick up.
(2) at the same time are underlying the judgment findings, to pick up, if they are affected by the breach of the law, because of which the judgment is repealed.

§ 354 (1) takes place on the findings underlying the judgment set aside the judgment only because of violation of law in application of the law, has to choose the Court of Cassation in the case itself, is no more actual discussions only on acquittal or setting or an absolutely certain punishment or the Court of Cassation in accordance with the request of the public prosecutor's Office considers the statutory minimum penalty or the appearance of punishment appropriate.
(1a) for a breach of the law only in balance between the legal consequences of the Court of Cassation can refrain from the annulment of the contested judgment, unless the imposed legal consequence is appropriate. At the request of the public prosecutor's Office, it can reduce the legal consequences appropriately.
(1B) the Court revokes the sentence only because of breach of the law on education a total penalty (articles 53, 54, 55 of the Penal Code), this can happen with the proviso that a subsequent judicial decision about the total penalty after the §§ 460, 462 is. The Court of Cassation decides pursuant to paragraph 1 or 1a paragraph with regard to a single sentence, set is 1 in accordance with. The paragraphs 1 and 1a remain otherwise unaffected.
(2) in other cases is the thing to a different department or Chamber of the Court, whose ruling will be repealed, or belonging to the same country another court of equal right to remit. In proceedings in which a Court of appeal in the first instance, decided the case to a different Senate of this Court is to remit.
(3) the referral back can be done on a dish of low-order if the still eligible offence belongs to whose jurisdiction.

§ 354a has to do if it reverses the judgment, because at the time another law, the decision of the Court of Cassation considered at the time of the adoption of the contested decision even after § 354 the Court of Cassation.

§ 355 revokes a ruling because the Court of prior instance has considered with wrong jurisdiction, so the Court of Cassation shall refer the matter to the competent court at the same time.

Section 356 of the judgment shall be in accordance of § 268.

section 356a has violated the Court when a revision decision the claim of one of the parties to be heard in decision way, restored in so far at the request of the procedure by decision in the location's, existed before the adoption of the decision. The request is to be in writing or to the Court of Office at the Court of Cassation within one week after knowledge of the violation of the rights of the defence and to justify. The time of obtaining of knowledge is to make credible. Article 47 shall apply mutatis mutandis.

§ 357 is the annulment of the judgment due to violation of law in application of the criminal law in favour of an accused person and the judgment extends as far as it is lifted, yet on other defendants have filed no revision is to recognize, as if they had also agreed to a revision. Section 47, paragraph 3 shall apply mutatis mutandis.

§ 358 (1) the Court, that the thing to the anderweiten negotiation and decision is referred to has the ratio decidendi that the annulment of the judgment is based, to consider also his decision.
(2) the judgment must be changed in nature and the amount of the legal consequences of the action not to the detriment of the accused, if only the defendant has lodged on his behalf the public prosecutor or his legal representative revision. Is the arrangement of accommodation in a psychiatric hospital is lifted, this provision does not preclude, to impose a penalty in place of accommodation. Sentence 1 is also not the arrangement of accommodation in a psychiatric hospital or a detox facility.
Fourth book of reopening a case closed by final judgment section 359 the resumption of proceedings closed by final judgment in favour of the convicted person is allowed, 1.
If one in the trial to his detriment as a real put forward certificate fake or adulterated was;
2. If the witness or expert; guilty stored certificate or the opinion of an intentional or negligent breach of duty of oath or a willful false statement in uneidlichen one to the detriment of the convicted person
3. If a judge or magistrate has participated in the judgment, of a criminal violation of his duties has made himself guilty in relation to the thing, unless the violation by the sentenced person is itself;
4. If a civil judgment on which the Decree of punishment is founded, is lifted by a different judgment has become res judicata.
5. If new facts or evidence are taught, which alone or in combination with the previously collected evidence the acquittal of the accused or in application of a more lenient criminal law a lesser punishment or a significantly different decision on a measure of improvement and assurance to establish suitable, 6 when the European Court of human rights has found a violation of the European Convention for the protection of human rights and fundamental freedoms or their protocols and the judgment on this injury is based.

360 § (1) through the request for reopening of the case is not hampered the enforcement of the judgment.
(2) However, the Court may order a postponement and interruption of enforcement.

§ 361 (1) the application for reopening of the case is ruled out by the carried out enforcement nor by the death of the convicted person.
(2) in the event of death, the spouse, life partner, the ascending and descending line relatives as well as the brothers and sisters of the deceased to the application are authorised.

§ 362 the resumption of proceedings closed by final judgment to the detriment of the accused is allowed 1 if one was spurious or distorted in the main proceedings on his behalf as really put forward document;
2. If the witness or expert; guilty stored certificate or the opinion of an intentional or negligent breach of duty of oath or a deliberate false uneidlichen statement at one in favour of the accused
3. If a judge or magistrate has participated in the judgment, which is a criminal violation of his duties; guilty in relation to the thing
4. If by the acquitted in court or out of court a credible confession of the crime is filed.

Section 363 (1) a resumption of the proceedings for the purpose of bringing about an another penalty assessment on the basis of the same criminal act, is not allowed.
(2) a retrial for the purpose of bringing about a mitigation of the penalty because of diminished criminal responsibility (article 21 of the Penal Code), is likewise excluded.

§ 364 is a request for retrial, which should be founded on the allegation of a criminal offence, only permissible, if happened to a final conviction for this offence, or if the initiation or conduct of criminal proceedings for reasons other than because of lack of evidence can not be. This does not apply in the case of § 359 No. 5.

section 364a ordered the Shawshank Redemption, which has no defenders, appears a defender for the retrial, if because of the difficulty of the factual or legal issues, the participation of a defence counsel available at the request of the court decisions in the retrial.

§ 364 for the decisions in the retrial court ordered b (1) the sentenced person, has no defenders, is a defender for the preparation of a recovery procedure, if 1 sufficient actual evidence, that result in certain investigation of facts or evidence, which can justify the admissibility of an application for reopening of the case, 2. because of the difficulty of the factual or legal issues is the participation of a defence counsel and 3rd at the request of the offender unable , without impairment of the maintenance necessary for him and his family at their own expense to appoint a defender.
A defender is already ordered, the sentenced person so the Court at the request determines by resolution that the criteria of the numbers 1 to 3 of sentence 1 exist.
(2) for the procedure for determining the conditions of paragraph 1, rate apply 1 No. 3 § 117 paragraph 2 to 4 and § 118 paragraph 2 sentence 1, 2 and 4 of the code of civil procedure according to.

§ 365 the General rules on appeal also apply to the request for reopening of the case.

Section 366 (1) in the application the legal reason for the reopening of the case and the evidence must be specified.
(2) of the accused and the persons referred to in article 361, para 2, the proposal only by a writing signed by the Defender or a lawyer, or to the Court of Office can be attached.

Section 367 (1) the jurisdiction of the court decisions in the retrial and the application to the preparation of a recovery procedure depends on the specific provisions of the Judiciary Act. The convicted person may submit applications according to the § 364a and 364 b or a request for approval of the reopening of the case even when the Court, whose ruling is contested; This forwards the application to the competent court.
(2) decisions on requests to the §§ 364a and 364 b and the request for approval of the reopening of the case shall be taken without oral proceedings.

§ 368 (1) the application in the prescribed form is attached or no legal reason of recovery asserted or not appropriate evidence led, is it so is the request as inadmissible to discard.
(2) otherwise, it is the opponents of the applicant in determining a time limit for the Declaration to deliver.

Article 369 (1) if the request deemed admissible, so the Court entrusted with recording the evidence beaten to, as far as this is necessary, a judge.
(2) the discretion of the Court, it remains to decide whether the witnesses and experts are to be heard on honour.
(3) at the hearing of a witness or expert, and when taking a judicial inspection is the public prosecutor's Office to allow the presence of the accused and the defenders. 168 c par. 3, article 224, paragraph 1 and article 225 shall apply section. Is the defendant not in custody, so he is not entitled to presence, if the derivatives at the Court position of the town is held, where he is in detention, and is not conducive to his involvement the clarification intended with the taking of evidence.
(4) after the close of the taking of evidence, the public prosecutor's Office and the accused under provision a period of to another declaration to urge are.

§ 370 (1) the application for reopening of the case is discarded without hearing unfounded if the allegations therein made have found no sufficient confirmation or if in the cases of § 359 No. 1 and 2 or the § 362 1 and 2 according to the thing the acceptance excluded is, that the action referred to in these regulations the decision has had an impact.
(2) if the court orders the reopening of the case and the renewal of the main hearing.

§ 371 (1) the sentenced person is deceased, so the Court without renewal of the trial after recording still required evidence either on acquittal to detect or to refuse the request for recovery.
(2) in other cases, a court public complaints but only with the consent of the Prosecutor, the sentenced person may acquit immediately if there exists sufficient evidence to do so.
(3) with the acquittal is set aside the previous judgment to connect. Was only detected a measure of improvement and assurance, so set aside the previous judgment takes the place of the acquittal.
(4) the suspension is to make known at the request of the applicant in the Federal Gazette and may be published at the discretion of the Court in other appropriate ways.

Section 372 all decisions issued on the occasion of a request for reopening of the case by the Court of first instance can be appealed with immediate appeal. The decision by which the court orders the reopening of the case and the renewal of the main hearing, can not be disputed by the public prosecutor's Office.

§ 373 (1) at the new trial is to maintain the previous judgment or to recognize under its abolition not elsewhere specified in the case.
(2) the earlier judgement may be changed in nature and the amount of the legal consequences of the action not to the detriment of the convicted person, if only the condemned man, his favor the public prosecutor or his legal representative has requested the reopening of the case. This provision does not preclude the arrangement of accommodation in a psychiatric hospital or a detox facility.

section 373a (1) the resumption of proceedings closed by final indictment to the detriment of the convicted person is also permissible if new facts or evidence are taught, which alone or are suitable in connection with the previous evidence to justify the conviction for a crime.
(2) the paragraphs 359-373 in the other shall apply mutatis mutandis for the resumption of proceedings closed by final indictment.
Fifth book of participation of the victim in the proceedings of the first section private prosecution article 374 (1) by way of private prosecution can be traced by the injured, without requiring a prior invocation of the Prosecutor is needed, a trespass (section 123 of the Penal Code), 2 a 1 insult (articles 185 to 189 of the Penal Code), if it is not directed against one of the political bodies referred to in article 194, par. 4 of the Penal Code , 2a.
a violation of the most personal life area through images (Article 201a, paragraph 1 and 2 of the Penal Code), 3. a violation of the secrecy of correspondence (article 202 of the Penal Code), 4. a bodily harm (sections 223 and 229 of the Criminal Code), 5 an imitation (section 238, paragraph 1 of the Penal Code) or a threat (§ 241 of the Penal Code), 5a.
a bribery or bribery in the course of trade (section 299 of the Criminal Code), 6 a vandalism (Section 303 of the Penal Code), 6a.
an offence under section 323a of the criminal code, if the act committed in the noise is a misdemeanor in the numbers 1 to 6 7 an offence under articles 16 to 19 of the Act against unfair competition, 8 for an offence section 142, paragraph 1, of the Patent Act, section 25, paragraph 1, of the utility model act, § 10 para 1 of the semiconductor Protection Act, § 39 para 1 of the plant variety protection act, article 143, paragraph 1 , article 143a, paragraph 1 and article 144, paragraph 1 and 2 of the trademark Act, § 51 para 1 and article 65, paragraph 1, of the Designgesetzes, the articles 106 to 108 and § 108 b paragraphs 1 and 2 of the Copyright Act and section 33 of the Act regarding copyright to works of art and photography.
(2) the private prosecution may also charge who is entitled in addition to the injured person or in his place, to press charges. The persons referred to in section 77, paragraph 2, of the Penal Code may charge the private prosecution, if the beneficiary before them has made the complaint.
(3) the injured party has a legal representative, the power is the private prosecution by this collection and, if local authorities, companies and other person clubs, as such can sue in civil litigation, the injured are perceived by the same people, through which they are represented in civil litigation.

§ 375 (1) several people to the private prosecution shall be entitled for same offence, shall exercise this right every one of the other independent.
(2) has but one of the beneficiaries raised the private prosecution, so only the joining of the initiated proceedings in the location is to the other, where it resides at the time of the Declaration of accession.
(3) any decision of the thing itself manifests its effect to such beneficiaries who have not collected the private prosecution in favor of the accused.

§ 376 the public action is only collected for the offences referred to in section 374 by the public prosecutor, if this is in the public interest.

§ 377 (1) in the private action of the Prosecutor to a participation is not required. The Court presents him the files if it considers the acquisition of persecution by him for offered.
(2) also, the public prosecutor's Office in each layer of the thing cannot accept tracking until the legal force of the judgment by an explicit declaration. The tracking is included in an appeal.

Section 378 of the Prosecutor can appear in the assistance of a lawyer or be represented by a lawyer with written power of attorney. In the latter case, the notifications to the Prosecutor with legal effect to the law can be made.

Section 379 (1) the Prosecutor has the accused costs expected therefrom under the same conditions to provide security under which in civil litigation the plaintiff upon request of the defendant has to provide security because of the cost of the process for that.
(2) the security service is through a deposit in cash money or securities. Any deviating provisions in a regulation adopted under the Act about the payments with courts and judicial authorities remain unaffected.
(3) same rules as in civil litigation for the amount of the security and the deadline for their performance, as well as to legal aid.

section 379a (1) for the payment of the fees deposit should according to § 16 para 1 of the court fees Act, provided that the aid granted is not the Prosecutor or is entitled to free tuition, a period will be determined by the Court; This should be pointed out the consequences of acting pursuant to paragraph 3.
(2) prior to payment of the advance no judicial action should be performed, unless that is made credible, that the delay is a the Prosecutor not or difficult to replace disadvantage would bring.
(3) after fruitless expiry of the period provided for in paragraph 1, the private prosecution is rejected. The decision can be appealed with immediate appeal. He is by the Court that issued it, officio cancel, if it turns out that the payment is received within the time limit.

Section 380 (1) for trespassing, insult, violation of the secrecy of correspondence, bodily harm (sections 223 and 229 of the Criminal Code), threats and property damage is bringing the action only allowed after by an authority of the comparison by the land administration of Justice to label the Atonement has been tried unsuccessfully. The same applies for a criminal offence after section 323a of the criminal code, if the act committed in the rush is an offense named in sentence 1. The plaintiff has the certificate on this complaint to submit.
(2) the land administration of Justice may determine that the comparison agency may make depending on their activity by the deposit of an adequate deposit.
(3) the provisions of paragraphs 1 and 2 do not apply if the official Chief according to article 194, para. 3, or section 230, paragraph 2, of the Penal Code is authorized to make the complaint.
(4) the parties not in same district is located, so may be waived after closer arrangement of land administration of justice by attempting to atone.

§ 381 the bringing of the action happens to the Court of Office or by filing an indictment. The complaint must be requirements referred to in article 200, paragraph 1. With the indictment, two copies must be submitted.

Section 382 is properly raised the complaint, so the Court inform the accused in determining a time limit for the Declaration.

§ 383 (1) after receipt of the statement of the accused or the deadline decides the Court whether the trial is to open or to reject the complaint in accordance with the provisions that are applicable when a charges directly collected by the public prosecutor's Office. In the decision by which the main proceedings, the Court referred to the accused and the Act referred to in § 200 para 1 sentence 1 (2) the guilt of the perpetrator is low, so the Court can adjust the procedure. The setting is allowed even in the main hearing. The decision can be appealed with immediate appeal.

Section 384 (1) is the procedure under the regulations, which are given for the procedure on raised public action. However, measures of improvement and assurance may not be arranged.
(2) § 243 is to apply subject to the proviso that the Chairman read out the decision on the opening of the main proceedings.
(3) the Court determines the extent of the evidence without prejudice to § 244, para 2.
(4) the provision of section 265 para 3 the right to demand the suspension of the trial, is not to apply.
(5) before the Assize Court, a private lawsuit thing can not at the same time be negotiated with a cause pending exposed on public complaint.

Section 385 (1) where in proceedings on raised public action the public prosecutor's Office is, to draw and listen is involved in the proceedings raised private prosecution by the Prosecutor and belongs. All decisions, there are made known of the public prosecutor's Office, to announce the Prosecutor here.
(2) a period of at least one week must be between the delivery of a cargo of private trial and the day of the latter.
(3) the right of access to the file may exercise the Prosecutor only by a lawyer. § 147 ABS. 4 and 7, § 477 para 5 shall apply mutatis mutandis.
(4) in the cases of § § 154a and 430 is not to apply their paragraph 3 sentence 2.
(5) in the revision process, an application of the private is not required pursuant to section 349 paragraph 2. Section 349 paragraph 3 is not applicable.

Article 386 (1) the Chairman of the Court determines which persons as witnesses or experts to the main hearing should be loaded.
(2) the immediate charge be entitled the Prosecutor as the defendant.

§ 387 (1) at the trial also the accused assisted an attorney can appear or can be represented by such a person on the basis of a written power of attorney.
(2) the provisions of § 139 shall apply for the lawyer of the plaintiff and the defendant.
(3) the Court may order the personal appearance of the plaintiff and the defendant to demonstrate also the accused.

§ 388 
(1) the injured party lodged the private prosecution, the accused may until the end of the last word (§ 258, para. 2 half-sentence 2) at first instance by an counterclaim the punishment of the applicant's request if he also is injured from this by a crime, which can be traced in the way of private prosecution and with the offence forming the subject of proceedings in connection.
(2) the claimant is not the injured person (article 374 par. 2), the accused may raise the counterclaims against the injured. In this case there are delivery the counterclaim to the injured person and his summons to main proceedings, if the counterclaim not in the main hearing in the presence of the injured were made.
(3) of claim and counterclaim is at the same time.
(4) the withdrawal of the suit is on the proceedings on the counterclaim without influence.

Article 389 (1) takes the Court after a thing, the facts to be found to constitute an offence not to apply the procedure prescribed in this section is on the so it has judgment that must highlight these facts to pronounce the discontinuance of the proceedings.
(2) the negotiations are to be communicated in this case the Prosecutor.

§ 390 (1) the remedies are to the Prosecutor, which are available to the public prosecutor's Office in the proceedings raised public action. The same is true of the request for resumption of proceedings in the cases of § 362. The provision of article 301 is to apply to the appeal of the private.
(2) the Prosecutor only by a writing signed by a lawyer can attach revision requests and requests for reopening of the case completed by a final judgment.
(3) in sections 320, 321 and 347 arranged template and submission of files is done in the procedure raised public complaint and by the public prosecutor's Office. Delivery of appeal and revision scripts to the opponents of the complainant is effected by the clerk.
(4) the provision of section 379a of the fee advance payment and the consequences of late payment shall apply mutatis mutandis.
(5) the provisions of § 383 paragraph 2, sentence 1 and 2 setting due to insignificance applies also in the appeals process. The decision is not subject to appeal.

Article 391 (1) the private prosecution may be withdrawn in any position of the procedure. After the start of the arraignment of the accused to the point in the first-instance trial required the withdrawal of the consent of the accused.
(2) in proceedings of the first instance considered withdrawal and, unless the defendant has appealed the in the proceedings of the second instance, if the Prosecutor in the main proceedings neither appears nor is represented by a lawyer or remains in the main hearing or another appointment, even though the Court had ordered his personal appearance, or a period fails to comply, which had placed him under threat of terminating the proceeding.
(3) where the Prosecutor who filed the appeal, it is in the case of the aforementioned Versäumungen without prejudice to the provisions of § 301 to discard immediately.
(4) the Prosecutor may claim within one week after the failure to comply with the restitutio in integrum under the conditions referred to in the sections 44 and 45.

§ 392 the discreet private prosecution may be raised again.

The death of the private has § 393 (1) terminating the proceedings resulted.
(2) the private prosecution may be continued after the death of the plaintiff by the persons entitled under section 374 subs. 2 to collect the private prosecution.
(3) the sequel is expected to explain in court from the legitimate loss of law within two months of the death of the private.

The withdrawal of the private prosecution and death of private as well as the continuation of the private prosecution section 394 are to make known the accused.
Second section can join civil section 395 (1) collected public complaint or request in the backup process with the civil, who is injured by an unlawful act after 1st sections 174 to 182 of the Penal Code, 2. the sections 211 and 212 of the Penal Code, which has been tried, 3. the sections 221, 223-226a and 340 of the Penal Code, 4. the sections 232 to 238, 239 (3) , sections 239a and 240 and 239 b paragraph 4 of the Penal Code, 5. § 4 of the violence Protection Act, 6 § 142 of the Patent Act, section 25 of the utility model act, § 10 of the semiconductor protection law, section 39 of the plant variety protection act, sections 143 to 144 of the trademarks Act, §§ 51 and 65 of the Designgesetzes, the paragraphs 106 to 108 b of the Copyright Act, section 33 of the Act concerning copyright on works of art and photography and articles 16 to 19 of the Act against unfair competition.
(2) the same power is available to persons, 1 whose children, parents, siblings, spouses or life partners were killed by an unlawful act, or the bringing of public action have brought about 2. by an application for judgment (paragraph 172).
(3) a person who by another unlawful act, in particular to the paragraphs 185 to 189, 229, 244 paragraph 1 number 3, sections 249 to 255 and 316a of the Penal Code, hurt is himself can connect the collected public action with the civil, when offered the deed to his interests for specific reasons, in particular because of the serious consequences.
(4) the connection is allowed in any position of the procedure. It can happen after a judgment to the appeal.
(5) if the prosecution is limited to article 154a, this will affect the right to join the gathered public action as plaintiff. A restriction eliminates is the substitute private prosecutor is admitted into the proceedings, pursuant to article 154a, paragraph 1 or 2, insofar as it concerns the civil.

Section 396 (1) which is to submit in writing to the court declaration. A declaration received prior to survey the public complaint with the public prosecutor's Office or the Court takes effect with the bringing of public action. In the procedure of Strafbefehlen, the connection becomes effective when scheduled date for the trial (article 408, paragraph 3, sentence 2, section 411 par. 1), or the application for a Strafbefehls has been rejected.
(2) the Court decides whether permission to connect as a civil action after hearing the public prosecutor's Office. In the cases of Article 395, paragraph 3 it decides after hearing the accused also whether is the connection for the reasons there given; This decision is final.
(3) the Court, proceedings under section 153 subsection 2, section 153a paragraph 2, to add section 153 b paragraph 2 or article 154, paragraph 2, is considering it decides first permission to connect.

Section 397 (1) the plaintiff is entitled to be present at the trial, even if he is to be heard as a witness. It is to the trial to download; section 145a, paragraph 2, sentence 1 and article 217, paragraph 1 and 3 shall apply mutatis mutandis. The power to reject a judge (§§ 24, 31) or experts (section 74), the question right (article 240 paragraph 2), the right to complaint by orders of the President (article 238 paragraph 2) and questions (§ 242), the Beweisantragsrecht (§ 244 paragraph 3 to 6), as well as the right to make declarations (articles 257, 258) also the plaintiff is entitled to. This is, as far as legally nothing is intended to move to the same extent, and listen as the public prosecutor's Office. Decisions that are made known to the public prosecutor's Office, are known to give also the plaintiff; section 145a, paragraph 1 and 3 shall apply mutatis mutandis.
(2) the plaintiff can make use of the assistance of a lawyer or represented by such a person. The lawyer is entitled to be present at the trial. He is to notify if there was his choice the Court or he appointed counsel from the date of the trial.

section 397a (1) the plaintiff is a lawyer as counsel at his request to order if he is injured 1 through a crime according to the sections 176a, 177, 179, 232 and 233 of the Penal Code, 2. through an attempted illegal act after the sections 211 and 212 of the Criminal Code violated or is member of a by an unlawful act killed within the meaning of Article 395, paragraph 2 No. 1 , 3. due to a crime after the §§ 226, 226a, 234 to 235, 238-239 b, is injured 249, 250, 252, 255, 316a of the Penal Code that has led or is likely to cause him serious physical or psychological injury, 4 by an unlawful act according to paragraphs 174 to 182 and 225 of the criminal code is injured and at the time of the Act not yet had reached age 18 or its interests can perceive themselves not sufficient or 5th by a illegal act according to § 221, 226, 226a, 232 to 235, 237, 238 paragraphs 2 and 3, article 4, sections 249, 250, 252, 255, 316a of the Penal Code is injured section 239a, 239 240 and he has not yet reached age 18 for application or itself not sufficient to carry out its interests.
(2) the requirements for an order referred to in paragraph 1 are not available, to legal aid the injured party for the involvement of a lawyer upon request if it itself not sufficient to carry out its interests or not to this expect him to same rules as in civil litigation. Second half of sentence and paragraph 2 and § 121 paragraph 1 to 3 of the code of civil procedure § 114, paragraph 1, sentence 1 are not applicable.
(3) applications can be made pursuant to paragraphs 1 and 2 before the Declaration of the connection. The Chairman of the Court dealing with the case shall decide on the appointment of a lawyer, article 142, paragraph 1 correspondingly applies, and the granting of legal aid.

Article 398 (1) of the progress of the proceedings has not stopped by the connection.
(2) the already scheduled hearing as well as other dates short time no longer loaded on specific days instead, even if the plaintiff due to or notified could.

§ 399 (1) decisions issued before the connection and the Prosecutor made known were, we need except in the cases of § 401 paragraph 1 sentence 2 of no notice to the plaintiff.
(2) appeals against such decisions no longer is also the plaintiff, if the time limit for the appeal has expired for the prosecution.

§ 400 (1) the plaintiff may the judgment contest with the aim of, that a different legal consequence in fact is imposed or that the defendant is sentenced for a breach of the law, which does not permit the connection of the prosecution.
(2) the immediate appeal against the decision may refer to the plaintiff, which is rejected the opening of the main proceedings or the proceedings discontinued after the articles 206a and 206B, insofar as it relates to the fact, on the basis of which the substitute private prosecutor for the connection is authorized. In addition, the decision by which the procedure is set is final for the plaintiff.

Section 401 (1) of the appeal can use the substitute private prosecutor regardless of the public prosecutor's Office. The connection is made according to the appeal, in a judgment the judgment immediately to deliver is the injured party. The time limit for the grounds of the appeal begins upon expiration of the current for the public prosecutor's Office to the appeal, or if the judgment was still not delivered to the plaintiff, with the delivery of the judgment on him when a decision on the permission of the prosecution to the connection has not yet acted.
(2) the plaintiff in the main proceedings was present or represented by a lawyer, so for him the time limit for the filing of the appeal also then starts with the delivery of the judgment, if he this not more present or represented; He can claim the restitutio in integrum against failure to meet the deadline because of lack of appeal. The plaintiff in the main proceedings was not at all present or represented, the period shall begin with the delivery of the judgment formula on him.
(3) has alone the plaintiff appealed, that is if at the start of a trial neither the plaintiff nor for him a lawyer appeared to reject without prejudice to the provisions of § 301 immediately. The plaintiff can claim the restitutio in integrum within one week after the failure to comply with the conditions of §§ 44 and 45.
(4) the contested decision is repealed on appeal preserved only by the plaintiff, operating the thing again is whether the public prosecutor's Office.

Section 402 the Declaration becomes ineffective through revocation, as well as by the death of the prosecution.
Third section compensation of the injured section 403 the injured person or his heritage can against the accused a financial claim adult from the crime, which is still not not elsewhere specified court pending made and heard, to the jurisdiction of the ordinary courts in criminal proceedings assert, in proceedings before the District Court without regard to the value of the dispute.

Section 404 (1) the application by which the claim is made, may be made to the minutes of the Registrar, in the main proceedings also orally until the beginning of the final lectures in writing or orally. He needs to be sure the object and the grounds of the claim and shall contain the evidence. The application outside the main hearing is set, it is delivered to the defendant.
(2) the submission has the same effects as bringing the action in the civil lawsuit. You enter with the receipt of the request in court.
(3) the request prior to the main hearing is set, the applicant is notified of the place and time of the hearing. The applicant, his legal representative and the spouse or life partner of eligible can participate in the trial.
(4) the request may be withdrawn until the pronouncement of the judgment.
(5) legal aid is the applicant and the defendant at the request by same rules as in civil litigation to authorise, as soon as the complaint is raised. Section 121, paragraph 2, of the code of civil procedure shall apply with the proviso that this should be mapped to the defendant who has a lawyer; This should be attached to the applicant himself serving in the main procedure of the assistance of a lawyer. Is in charge of the decision the Court dealing with the matter; the decision is not subject to appeal.

Section 405 (1) at the request of the injured person or his heirs and the defendant takes the Court a comparison of the claims from the crime to the log. It should make a comparison proposal on matching application of mentioned in clause 1.
(2) to decide on objections to the validity of the comparison, the Court of civil justice is responsible, in the district, the Criminal Court of first instance has its seat.

Section 406 (1) gives the is application held in the judgment, with the accused for an offence convicted or arranged against him a measure of improvement and assurance, as far as the request for this offence constitutes the Court. The decision can be confined to the ground or any part of the asserted claim; Section 318 of the code of civil procedure shall apply mutatis mutandis. The Court apart from a decision, if the application is inadmissible, or where it appears unfounded. In addition, the Court can only refrain of a decision if the application taking into account the legitimate concerns of the applicant to perform in criminal proceedings is unsuitable. The application is especially not suitable for registration in the criminal proceedings, if its further examination, even if a decision only on the reason or part of the claim into account comes, would cause a delay the procedure. As far as the applicant claims the right to the granting of redress (article 253 para 2 of the Civil Code), the appearance of a decision pursuant to sentence 3 is allowed.
(2) the defendant acknowledges the claim asserted by the applicant against him wholly or in part, he is in accordance with the recognized for.
(3) the decision on the application shall be equivalent to a judgment in the civil lawsuit. The court annuls the decision provisionally enforceable; the sections 708 and 712 and the sections 714 and 716 of the code of civil procedure shall apply mutatis mutandis. If the claim is not recognized, it can be claimed elsewhere. Has been legally taken on the justification of the claim to the negotiation of the amount held pursuant to article 304 paragraph 2 of civil procedure before the competent civil court.
(4) the applicant will receive a copy of the ruling with reasons or an excerpt from it.
(5) the Court, is considering to refrain from a decision on the request, it indicates the parties as early as possible. As soon as the Court considered the requirements for a decision on the application for not given after consultation of the applicant, it seems off by decision by a decision on the application.

section 406a (1) against the decision is apart with the after section 406 paragraph 5 sentence 2 by a decision on the application, may immediate appeal if the application before the start of the trial have been made and as long as no decision concluding the instance was taken. In addition an appeal is not available to the applicant.
(2) if the Court grants the application, the defendant can appeal the decision even without the criminal part of the judgment with the otherwise permissible remedies. In this case can be decided on the appeal decision in closed session. Allowed the appeal is the appeal, an oral hearing of the parties will take place at the request of the accused or of the applicant.
(3) the decision be held the application should be repealed if the defendant under repeal the conviction for the offence on which is based the decision on the application, said neither guilty nor arranged against him a measure of improvement and assurance. This also applies if the ruling is not contested in this respect.

§ 406 b 
The enforcement depends on the rules that apply to the enforcement of judgments and court settlements in civil litigation. For the procedure after the §§ 323, 731, 767, 768, 887-890 of the code of civil procedure the Court of civil justice is responsible, in the district, the Criminal Court of first instance has its seat. Objections concerning the claim recorded in the judgment itself, are allowed only in so far as the reasons on which they are based, after the conclusion of the trial of the first instance and, if the Court of appeal has decided that have arisen after conclusion of the main hearing in the appeal instance.

the defendant confine section 406 c (1) the request for reopening of the case can bring about a much different decision on the claim. The Court will then decide without renewal of the trial decision.
(2) the application is directed to retrial only against the criminal part of the judgment, section 406a para 3 shall apply mutatis mutandis.
The discontinuance of the proceedings and the outcome of the proceedings stating, so far as it concerns him are fourth section other powers of the injured section 406d (1) at the request of the injured.
(2) the injured person is to be communicated on request, whether 1 the authority was granted the condemned to do not contact to the injured person or to him not to run;
2. custodial measures against the accused or the convicted person arranged or finished, or whether for the first time full loosening or holiday be granted, if he sets out a legitimate interest, and there is no overriding legitimate interest of the person concerned to the exclusion of the communication; to in Article 395, paragraph 1 number 1 to 5 cases, as well as in the cases of section 395, paragraph 3, in which the injured person was admitted to the civil, not; it requires presenting a legitimate interest
3. full easing again the Shawshank Redemption or leave is granted if a legitimate interest is stated or evident and no overriding legitimate interest of the person sentenced to the exclusion of communication exists.
(3) messages can be avoided, provided that they are not possible at an address specified by the injured person. The injured person has chosen a lawyer as counsel is such a has been attached to him or he will represent such a section 145a applies accordingly.

section 406e (1) for the injured a lawyer can see the files that are before the Court or to present this in the case of bringing the public action would, as well as visit officially held pieces of evidence, as far as he sets out a legitimate interest to do this. In the cases referred to in Article 395, there is not presenting a legitimate interest.
(2) the inspection of the files shall be refused where conflict vast protection interests of the accused or other persons. She can be refused insofar as the purpose of the investigation, also in other criminal proceedings, appears at risk. She can be also denied if they would significantly delay the trials, except that the prosecutors in the cases referred to in Article 395 has noted the conclusion of the investigation into the acts.
(3) at the request of the files with the exception of the evidence can be given with, as far as not important considerations militate against, the lawyer in his business premises or his apartment. The decision is not subject to appeal.
(4) concerning the granting of access to the file the Chairman of the Court dealing with the matter decides the public prosecutor's Office in the preparatory proceedings and residents after the procedure, indeed. Against the decision of the public prosecutor's Office pursuant to sentence 1, judgment may be requested by the Court according to § 162. The articles 297 and 300, 302, 306-309, 311a and 473a shall apply mutatis mutandis. The Court's decision is final, as long as the investigations are still incomplete. These decisions are not equipped with reasons, insofar as its disclosure could endanger the purpose of the investigation.
(5) under the conditions of paragraph 1 information and copies of the documents can be given the injured; Paragraphs 2 and 4 and § 478 par. 1 sentence 3 and 4 shall apply mutatis mutandis.
(6) § 477 para 5 shall apply accordingly.

section 406f (1) injured can make use of the assistance of a lawyer or represented by such a person. The presence is a legal counsel appearing for questioning of the wounded.
(2) at a hearing of the injured person, the presence is to allow, except that this could endanger the purpose of the investigation at the request of a person appearing for questioning their faith. The decision is made by the person conducting the hearing; the decision is not subject to appeal. The reasons of rejection are on record to make.

section 406 g (1) authorised according to Article 395 to connect with the civil can themselves before bringing the public action and without explanation a port of an attorney as counsel or represented by such a person. They are entitled to be present at the trial, even if they are to be heard as a witness. It is doubtful whether a person is entitled to civil, decides on the attendance law the Court after hearing the person and the public prosecutor's Office; the decision is final. Civil authorized are to notify if you have requested this from the date of the trial.
(2) the lawyer of the Nebenklagebefugten is entitled to be present at the trial; Paragraph shall apply accordingly 1 sentence 3. He is to notify if there was his choice the Court or he appointed counsel from the date of the trial. Sentences 1 and 2 apply for judicial hearings and the taking of judicial inspection according to, except that the presence or the notification of lawyers could endanger the purpose of the investigation.
(3) section 397a applies mutatis mutandis for 1 the appointment of a lawyer, and 2. the granting of legal aid for the assistance of a lawyer.
The court competent under § 162 decides in the preparatory process.
(4) at the request of him who is entitled to the connection as an auxiliary Prosecutor, an attorney as counsel can be ordered in the cases of section 397a para 2 temporarily if 1 this is necessary for special reasons, 2. the participation of a procurator is in need of urgent and 3 seems to be possible the granting of legal aid, a timely decision but is not expected.
Article 142, paragraph 1 and article 162 shall apply mutatis mutandis for the order. The order ends, if not within a period to be determined by the judge an application for legal aid made or if the approval is refused legal aid.

section 406 h are injured as far as possible, as early as possible and regularly in writing in a language they understood their from the sections 406d to 406 g following powers and in particular also to point out, that it 1 under the conditions of paragraphs 395 and 396 of this Act or article 80 paragraph 3 of the Juvenile Court Act of collected public complaint with the civil connect and apply after section 397a can , that a legal counsel ordered them or for whose use legal aid is granted, 2. in accordance with the sections 403 to 406 c of the Act and of article 81 of the Juvenile Court Act can claim a financial claim in criminal proceedings adults from the crime, 3 under the victims compensation act can claim a supply, 4 under the violence Protection Act can request the adoption of injunctions against the defendants and support and assistance by AIDS of victims of can receive 5. , in the form of a consultation or a psycho-social support.
The conditions of a certain power in the particular case obviously is not available, the relevant note can be avoided. No note obligation to injuries that have specified no delivery address. Sentences 1 and 3 also apply to family members and heirs of the injured person, to the extent that the authority to them.
Sixth book of special types of procedure first section procedures at Strafbefehlen section 407 (1) In proceedings before the criminal judge, and in the process, that the jurisdiction of the magistrate court belongs to, the legal consequences of action by written indictment without a main hearing may penalties at the written request of the public prosecutor's Office are set. The public prosecutor's Office makes this application if it considers a main hearing necessary according to the result of the investigation. The application is to focus on specific legal consequences. The public action is brought through him.
(2) by indictment only the following legal consequences of the Act, may be fixed alone or side by side,: 1 fine, warning with punishment reserved, driving ban, foreclosure, confiscation, destruction, useless visualization, announcing the conviction and fine on a legal person or Association of persons, 2. withdrawal of the driving licence of the lock is not more than two years, 2a.
Prohibition of keeping or Betreuens of trade or other professional dealing with animals each or one particular type for the duration of one year, as well as up to three years, as well as 3 appearance of punishment.
The accused has a lawyer, so also imprisonment can be set up to a year when exposed to its execution suspended.
(3) the prior hearing of the defendant by the Court (§ 33 ABS. 3) is not required.

The Chairman of the Court of Alderman keeps § 408 (1) the jurisdiction of the criminal courts to be well-founded, so he makes the thing the prosecution through these; the decision is binding on the criminal judges, immediate appeal is available to the public prosecutor's Office. The criminal judge has the jurisdiction of the magistrate court to be well-founded, as he presents the files through the public prosecutor's Office of the Chairman to decide.
(2) the judge considered the accused not to sufficiently suspicious, he rejects the Decree of Strafbefehls. The decision the decision is equivalent by the main proceedings has been rejected (sections 204, 210 para 2, § 211).
(3) the judge has to comply with the request of the Prosecutor, if no concerns preclude the adoption of Strafbefehls. He set to trial if he has concerns, without deciding this, or if he wants to deviate from the legal assessment in the indictment request or set other than the requested legal consequence and the Prosecutor insists upon their request. With the charge, a copy of the indictment request is the accused without informing the requested legal consequence.

§ 408 (1) has already opened the trial, so prosecutors can apply in proceedings before the criminal judge and the Magistrate Court indictment, if the requirements of section 407 paragraph 1 sentence 1 and 2 are and when the absence or the absence of the accused or another important reason is contrary to the conduct of a trial. At the trial the Prosecutor may file an oral application; the main content of the indictment request is to record in the minutes of the meeting. Do not apply section 407 paragraph 1 sentence 4, § 408.
(2) the judge has to comply with the request if the conditions of section 408 para 3 sentence 1 exist. Otherwise, he rejected the request by means of an unchallengeable order and continues the main procedure.

§ 408 b considers the judge to comply with legal consequences referred to in the request of the Prosecutor to adoption of a Strafbefehls with the in section 407, paragraph 2, sentence 2, so he ordered the defendant, who has still no Defender, a defender. Article 141 para. 3 finds appropriate application.

Article 409 (1) the indictment contains 1 concerning the person of the accused and any Nebenbeteiligter, 2. the name of the Defender, 3. the designation of the fact, which will put the defendant to the load, time and place their ascent and the designation of the legal characteristics of the crime, 4. the applied rules after paragraph, paragraph, number, letter and with the name of the law, 5. the evidence , 6. the determination of the legal consequences, 7 the instruction on the possibility of the opposition and the period prescribed for it and form, as well as the note that the indictment is legally binding and enforceable, so far against him no objection is inserted after section 410.
A custodial sentence is imposed on the defendant, he is warned with punishment reserved or a driving ban will be ordered against him, so he is at the same time after section 268a paragraph 3 or section 268 c to instruct set 1. section 111i subsection 2 and section 267, paragraph 6, sentence 2 shall apply accordingly.
(2) the indictment is submitted to the legal representatives of the accused.

Section 410 (1) which accused can insert opposition against the indictment two weeks after delivery at the Court that issued the indictment in writing or to the Court of Office. The articles 297 and 300 and article 302, paragraph 1, sentence 1, paragraph 2 shall apply mutatis mutandis.
(2) the appeal may be limited to certain objections.
(3) where an indictment in time is has been challenged, it is equivalent to a final judgment.

Article 411 (1) the opposition is belatedly inserted or otherwise invalid, so he will be discarded without a main hearing by decision; immediate appeal is admissible against the decision. Otherwise, appointment to the main hearing is scheduled. The accused has limited his opposition on the day rates of a set fine, the Court with the consent of the accused, the defender and the public prosecutor's Office without a main hearing can decide by decision; by the setting in the indictment may not be derogated from to the detriment of the accused; immediate appeal is admissible against the decision.
(2) the defendant can be represented in the trial by a defender with written power of attorney. § 420 shall apply.
(3) the complaint and the notice of opposition can be withdrawn until the pronouncement of the judgment at first instance. § 303 shall apply mutatis mutandis. Is the indictment in the procedures adopted in accordance with section 408 has been, so the claim may not be back.
(4) in the case of the precipitation of the judgment, the Court of the statement contained in the indictment is not bound, as far as opposition is inserted.

§ 412 is neither published nor represented by a defender at the start of a trial of the defendant and is not sufficiently excused the absence, section 329, paragraph 1 shall apply according to 3 and 4. The legal representative filed an objection, also section 330 shall apply mutatis mutandis.
Second section backup procedures section 413 not carries out the criminal proceedings because of inability to blame or negotiating inability of the offender the State Prosecutor's Office, so she can make the application independently arrange measures of improvement and assurance, if this is permitted by law and (backup process) to expect the arrangement according to the result of the investigation.

Section 414 (1) for the backup procedure the provisions on criminal procedure shall apply mutatis mutandis, insofar as nothing else is determined.
(2) the application shall be equivalent to the public complaint. A claim which must meet the requirements of the indictment takes the place of the indictment. The measure of improvement and assurance to call, arranging for the public prosecutor's Office is in the application. Is the ruling a measure of improvement and assurance not arranged in is on rejection of the application to recognize.
(3) in the preliminary proceedings, an expert should be given opportunity to the preparation of the opinion to be reimbursed at the trial.

§ 415 (1) in the backup procedure is impossible or inappropriate for reasons of public security or order the appearance of the accused before the Court because of his condition, so the Court can perform the hearing unless the accused is present.
(2) in this case, the accused before trial by a designated judge under involves an expert is heard. From the date of the hearing, the Prosecutor, the accused, the defenders and the legal representative are to notify. The presence of the public prosecutor, Defender and legal representative at the hearing is not required.
(3) calls it the consideration on the State of the accused or is otherwise not possible, a proper conduct of the trial as the Court in the backup procedure can perform the hearing after the hearing of the accused to the point, also if the accused does not or only occasionally present.
(4) where a trial without the accused takes place, his earlier statements that are contained in a judicial Protocol can are recited. The Protocol about the preliminary hearing is set 1 after paragraph 2 to read.
(5) in the main hearing is to hear an expert about the State of the accused. The expert not previously examined the accused, so should be given opportunity to before the main hearing him.

Section 416 (1) arises in the backup procedure after the main proceedings the criminal responsibility of the accused and the Court for the criminal proceedings is not responsible, so it expresses his lack of competence by decision and refer the matter to the competent court. Section 270, paragraph 2 and 3 shall apply mutatis mutandis.
(2) the criminal responsibility of the accused arises in the backup procedure after the main proceedings and is the Court for the criminal proceedings, the accused on the changed legal situation is so to point out and give him the opportunity to defend. He claims to be not sufficiently prepared, on the defence the trial shall at his request to suspend. Is been negotiated on the basis of § 415 in the absence of the accused, those portions of the trial are to repeat, where the accused was not present.
(3) paragraphs 1 and 2 shall apply mutatis mutandis, if the backup procedure after the main proceedings that the accused is capable of negotiating and performing the backup procedure due to his inability to negotiate.
2A. section accelerated proceedings § 417 In the procedure before the public prosecutor's Office must request for decision in accelerated the criminal judge and the magistrate court in writing or orally, if the matter on the basis of the simple facts or the clear evidence to the instant proceedings is suitable.

§ 418 
(1) the public prosecutor's Office making the request, so the trial is carried out immediately or within a short period of time, without the need for a decision on the opening of the main proceedings. No more than six weeks should be between the receipt of the request in court and the beginning of the main hearing.
(2) the accused is loaded only if he voluntarily makes the main hearing or is produced before the Court does not. The charge is communicated to him, what will set him to the last. The charge period is twenty-four hours.
(3) the filing of an indictment is not required. Such is not filed the charges at the beginning of the main hearing orally collected and their essential content recorded in the minutes of the meeting. article 408 shall apply mutatis mutandis.
(4) a prison sentence of at least six months is to be expected, so a defender is appointed for the accelerated proceedings before the District Court of the defendant, who has still no Defender.

Section 419 (1) the criminal judge or the magistrate court has to comply with the request, if suitable thing to negotiate in this procedure. Not imposed a higher sentence than imprisonment of one year or a measure of improvement and assurance in this procedure. The withdrawal of the driving licence is permitted.
(2) the decision in the accelerated procedure may be refused until the pronouncement of the judgment in the main proceedings. The decision is not subject to appeal.
(3) if the decision in the accelerated procedure is rejected, so the Court decides the main proceedings when the accused is sufficiently suspected an offence (section 203); is not opened and rejected the decision in accelerated, so may be waived by filing a new indictment.

§ 420 (1) may the questioning of a witness, expert or fellow suspect by reading of minutes of a previous interrogation, as well as documents that contain a written statement from originating from them, will be replaced.
(2) statements of authorities and other bodies on their official perceptions, investigations and findings as well as those of their relatives may also then are recited, if the requirements of section 256 are not available.
(3) the procedure under paragraphs 1 and 2 the consent of the accused, the defender and the Prosecutor, insofar as they are present at the main hearing.
(4) in proceedings before the criminal judge, this determines the extent of evidence without prejudice to § 244, para 2.

sections 421 to 429 (fallen away) third section procedures for recovery and asset seizures § 430 (1) falls the confiscation in addition to the expected sentence or detention order of improvement and assurance in the weight or would the procedure as far as confiscation, require unreasonable effort or unreasonably difficult bringing about the decision on the other legal consequences of the action, so the Court with the consent of the public prosecutor's Office in each location of the procedure can restrict the pursuit of fact on the other legal consequences.
(2) in the preliminary proceedings, the Prosecutor may proceed limitation. The restriction is on record to make.
(3) again, the Court may waive the limitation in any position of the procedure. An application to the public prosecutor's Office is to meet. The restriction is lifted again, section 265 shall apply mutatis mutandis.

§ 431 (1) is to decide on confiscation of the object in criminal proceedings and appears to believe that someone else on the subject of other right has 1 which belongs to another as the accused subject or is entitled to, or 2., whose going out could be arranged (section 74e subsection 2 sentence 2 and 3 of the Penal Code), so the court orders in the case of the confiscation , the other is involved in the process, as far as the confiscation (Einziehungsbeteiligter). The Court may refrain from the arrangement if to assume as a result of certain facts is that participation is not defined. The Court may refrain from the arrangement even if a party, association or institution outside of the territorial scope of this Act was to participate in, the efforts against the existence or security of the Federal Republic of Germany or against a in section 92, paragraph 2, of the Penal Code constitutional principles referred to pursued, and if the circumstances to assume, that this party, association or institution or one of its intermediaries has made the subject to promote their efforts to provide in this case, it is sufficient to hear the owner of the thing or the authorised to dispose of the right if it is executable before deciding on the confiscation of the goods.
(2) the Court may order that extends the participation not on the question of the guilt of the accused, when 1 No. 1 comes the confiscation in the case of paragraph 1 only under the condition into account, that the object belongs to the accused or is entitled to, or 2. the subject constantly could be stripped of the Einziehungsbeteiligten also on the basis of legislation outside criminal law without compensation, under the circumstances constituting the confiscation.
(3) the confiscation of replacement of value against a legal person or an Association of persons to decide (§ 75 in connection with § 74 c of the Penal Code), so the Court arranges their participation.
(4) the procedure participation can be arranged up to saying the confiscation and, if there is an allowed appeal, until the end of the final presentations in the appeals process.
(5) the decision by the procedure participation is arranged, can not be appealed. Rejected the preliminary or an order made under paragraph 2, immediate appeal is allowed.
(6) someone explained in writing or to log or other authority in writing that he would bring no objections against the confiscation of the object to court or to the public prosecutor's Office, so is not arranged his preliminary or the order is cancelled.
(7) through the procedure participation has not stopped the progress of the proceedings.

Evidence that someone as Einziehungsbeteiligter comes into consideration paragraph 432 (1) arise in the preparatory process, so he is to hear if this is executable. § 431, para 1, sentence 3 shall apply accordingly.
(2) explains the one which comes, that he wanted to submit objections against the confiscation as Einziehungsbeteiligter into consideration, and appears to believe that he has a right to the subject, so the rules governing the interrogation of the accused shall apply, if he will hear, in so far as its preliminary consideration.

§ 433 (1) of the opening of the main proceedings has the Einziehungsbeteiligte, as far as this law unless otherwise determined, the powers that are available to an accused. In the accelerated procedure applies from the beginning of the main hearing, the indictment procedure of the adoption of the Strafbefehls on.
(2) the Court may order the personal appearance of the Einziehungsbeteiligten to the investigation of the facts of the case. As the Court the Einziehungsbeteiligte, whose personal appearing, fails without sufficient excuse, may order his demonstration, if he has been charged with reference to this possibility by delivery.

§ 434 (1) of the Einziehungsbeteiligte can be in any position of the procedure on the basis of a written authorization by a lawyer or another person, defenders can be selected, as represented the. The Defense regulations of articles 137 to 139, 145a to 149 and 218 are apply mutatis mutandis.
(2) the Court may order for a lawyer or any other person which may be ordered as a defender, the Einziehungsbeteiligten, if the factual or legal issues is difficult, or if the Einziehungsbeteiligte can not exercise his rights.

§ 435 (1) the date for the main hearing shall be published by sending the Einziehungsbeteiligten; section 40 shall apply mutatis mutandis.
(2) with the news of the appointment, the indictment is him, as far as he is involved in the procedure, and in the cases of § 207, paragraph 2 the opening decision.
(3) at the same time, the Einziehungsbeteiligte is noted that 1 without him can be negotiated and 2nd on the confiscation will be decided toward him.

§ 436 (1) remains from the Einziehungsbeteiligte in the main hearing despite proper date message, so it can be negotiated without him. section 235 is not applicable.
(2) on applications for proof of Einziehungsbeteiligten to the question of the guilt of the accused, § 244, paragraph 3, sentence 2 shall not apply paragraph 4 to 6.
(3) the court orders the confiscation of the circumstances, which prevent a compensation of Einziehungsbeteiligten, so it expresses at the same time, that compensation is not entitled to the Einziehungsbeteiligten. This does not apply if the Court considers a compensation of Einziehungsbeteiligten offered, because it would be an undue hardship to fail them; in this case, it at the same time decides the amount of compensation (section 74f subsection 3 of the Penal Code). The Court points out the Einziehungsbeteiligten before the possibility of such a decision and gives him the opportunity to express.
(4) the Einziehungsbeteiligte at which the judgment was not present and not represented is the judgment to place him so. The Court may order that part of the judgment which do not affect the recovery, are eliminated.

§ 437 (1) in the appeal extends the examination whether confiscation is opposite justified the Einziehungsbeteiligten, on the guilty verdict of the contested judgment only if the Einziehungsbeteiligte in that regard put forward objections and the previous procedure without his fault to the guilty verdict not has been heard. Check also for the guilty verdict, extends below so the Court will underlying the findings made to the debt, if not the argument of the Einziehungsbeteiligten requires a re-examination.
(2) in the appeal proceedings, paragraph 1 does not apply if at the same time to decide on an appeal, one of the other parties about the guilty verdict.
(3) in the revision procedure the objections against the guilty verdict must be provided within the statement period.
(4) is only the decision on the amount of compensation is contested, so can be decided on the appeal decision, if the parties do not contradict. The Court previously indicates them on the possibility of such proceedings and the opposition and gives them the opportunity to express.

§ 438 (1) confiscation is ordered by indictment, so the indictment will be sent to the Einziehungsbeteiligten also. Accordingly, article 435 par. 3 is no. 2.
(2) is to decide only on the objection of the Einziehungsbeteiligten, so section 439, paragraph 3, sentence 1 and § 441, paragraph 2 and 3 shall apply mutatis mutandis.

§ 439 (1) has been legally ordered to the confiscation of an object and makes someone credible that he 1 currently has had a law on the subject of the legal force of the decision, that is impaired as a result of the decision, or no longer exists, and 2 without his fault the proceedings of first instance or in appeal has can exercise the rights of Einziehungsbeteiligten , so he can claim in a subsequent proceeding that confiscation is not justified against him. Article 360 shall apply mutatis mutandis.
(2) the subsequent procedure is to apply gained knowledge where the applicant of the final decision within one month after the end of the day. The application is inadmissible, if two years have elapsed since entering the legal force and the execution is finished.
(3) the Court does not check after the guilty verdict, if, under the circumstances which have justified the confiscation in criminal proceedings an arrangement would have been allowed after § 431, section 2. In addition, section 437 para 1 shall apply accordingly.
(4) the right claimed by the applicant is not given, so the application is unfounded.
(5) before deciding the Court with the consent of the public prosecutor's Office may terminate the order of confiscation, if the follow-up procedure would require unreasonable effort.
(6) § 359 claim No. 5 for the purpose of the objections referred to in paragraph 1 to make a retrial, is excluded.

§ 440 (1) that public prosecutor's Office and the Prosecutor can request add independently to order the confiscation, if this is permitted by law and order by to await the outcome of the investigation.
(2) in the application, the object is to call. Furthermore, it is to specify what facts justify the admissibility of separate collection. In addition, section 200 shall apply mutatis mutandis.
(3) §§ 431 to 436 and 439 shall apply mutatis mutandis.

§ 441 (1) the decision on confiscation in the subsequent proceedings (§ 439) is the Court of first instance, the decision on the independent confiscation (section 440) the Court that would be competent in the case of a particular person. Also the Court in whose district the subject-matter has been made sure is locally responsible for the decision on the independent confiscation.
(2) the Court shall by decision against the immediate appeal is allowed.
(3) on an allowed application is decided however due to oral hearing by judgment, if the public prosecutor or otherwise a Party requested it or the court orders it; the rules governing the hearing shall apply mutatis mutandis. Who has lodged an admissible appeal against the judgment, may be no more revision against the Appeal judgment.
(4) is decided by judgment, § 437 section 4 shall apply accordingly.

§ 442 (1) forfeiture, destruction, useless Visual and rectify an unlawful State of affairs are right within the meaning of sections 430 to 441 of the confiscation.
(2) the expiry depends on article 73, paragraph 3 or Article 73a of the Penal Code against other than the defendant, so the Court ordered that the other is involved in the procedure. He can claim his objections to the arrangement of the revocation in subsequent proceedings, if no his fault in the procedure of first instance nor in the appeals process, he was able to exercise the rights of the parties to the proceedings. A subsequent procedure is requested under these conditions, so enforcement measures should be avoided until its conclusion against the applicant.

§ 443 (1) in the area of application of this Act assets or individual assets of an accused person against whom a crime after 1 the sections 81 to 83 para 1, § 89a or § 89 c paragraphs 1 to 4, the §§ 94 or 96 par. 1, the §§ 97a or 100, the § § 129 or 129a, also in connection with article 129 b para. 1, of the Penal Code, 2. one in section 330 para 1 sentence 1 of the Criminal Code relating adopted regulations under the condition , that the accused is suspected, intentional body or life of another or strange things of significant value at risk to have, or under a in section 330, para 1, sentence 2 No. 1-3 of the Penal Code requirements or according to § 330 para 2, § 330a ABS. 1, 2 of the Penal Code, 3. §§ 51, 52 para 1 No. 1, 2, letter c and d , Para 5, 6 of the Weapons Act, §§ 17 and 18 of the Foreign Trade Act, if the Act is committed intentionally, or according to § 19 para 1 to 3, article 20, paragraph 1 or 2, also in conjunction with section 21, or § 22a para 1 to 3 of the law on the control of weapons of war or 4. one in section 29, paragraph 3, sentence 2 No. 1 of the Narcotic Drugs Act in terms of adopted regulations under the conditions there laid down or an offence under the sections 29a , 30 paragraph 1 No. 1, 2, 4, section 30a or 30B of the Narcotic Drugs Act the public lodge a complaint or arrest warrant has been issued, can be assigned to hardware. The seizure includes also the wealth that later falls to the accused. The seizure should be repealed at the latest after completion of the first-instance trial.
(2) the seizure is ordered by the judge. At the imminent danger the public prosecutor's Office may provisionally order the seizure; the provisional arrangement shall cease to be force, if it is confirmed within three days by the judge.
(3) the provisions of §§ 291 to 293 shall apply mutatis mutandis.
Fourth section is procedure for imposition of fines against legal persons and associations of persons § 444 (1) in criminal cases the imposition of a fine on a legal person or an Association of persons to decide (article 30 of the code of administrative offences), so the Court arranges their participation in the proceedings as far as the Act. Section 431 para 4, 5 shall apply mutatis mutandis.
(2) the legal person or Association of persons is loaded to the main proceedings; their representatives without sufficient excuse fails to materialize, so can be negotiated without them. For their preliminary paragraphs 432 to 434 435 par. Moreover, no.1, 2 and 3, article 436 par. 2 and 4, § 437 1-para.3, section 438 paragraph 1 and, as far as only their opposition to decide § 441 2 and 3 is, mutatis mutandis.
(3) § 440 and 441 para 1 to 3 for the independent process, the section shall apply mutatis mutandis. Jurisdiction is the Court in whose district the legal person or Association of persons has their registered office or a branch office.

sections 445 to 448 (dropped out) seventh book of enforcement of penalties and costs of the proceedings of the first section enforcement § 449 criminal convictions are not enforceable before they become final.

Section 450 (1) on the imprisonment to supersedes is unabridged to calculate the pre-trial detention, the accused has suffered since he has refused or withdrawn the appeal on an appeal, or since the appeal period has expired, unless he has given a statement.
(2) according to the judgment a custody, securing, or confiscation of the licence on the basis of § 111a par. 5 sentence 2 took away this time is unabridged to offset against the driving ban (article 44 of the Penal Code).

section 450a (1) on the supersedes imprisonment is also the detention suffered abroad to offset, which is sustained by the condemned man in an extradition for the purpose of enforcement. This applies even if the convicted person at the same time have been supplied for the purpose of prosecution.
(2) extradition for the purpose of enforcement of penalties is the detention suffered from abroad on the highest penalty, credit for penalties equal to the penalty, which will be carried out first after the delivery of the sentenced person.
(3) the Court may order at the request of the public prosecutor's Office, that credit is wholly or in part if it is not justified in terms of the behaviour of the convicted person after the date of the judgment in which the findings underlying the judgment could be checked last time. The Court meets such an arrangement, so that does not count suffered detention, provided their duration does not exceed the penalty, from abroad also in other proceedings on the penalty.

§ 451 (1) the enforcement is carried out by the public prosecutor's Office as the enforcement authority on the basis of a to be issued by the Registrar of the Office, with the certificate of enforceability, certified copy of the judgment formula.
(2) the enforcement is to the official lawyers only in so far as the land administration of Justice gave it to them.
(3) the public prosecutor's Office, the executing authority, duties towards the enforcement Chamber to a land court the Prosecutor. The public prosecutor for this dish she can transfer their tasks if this is necessary in the interests of the convicted person and the public prosecutor's Office in the place of the execution Chamber agrees to.

§ 452 in terms of where in the first instance in the exercise of jurisdiction of the Federal Government has been decided, is the pardon to the Federal. In all other things, it is to the countries.

§ 453 (1) subsequent decisions, which relate to a suspended sentence, probation or a warning with punishment reserved (sections 56a to 56 g, 58, 59a, 59B of the Penal Code), the Court without oral proceedings meets by decision. The public prosecutor's Office and the accused can be heard. section 246a, paragraph 2 and article 454, paragraph 2, sentence 4 shall apply mutatis mutandis. A revocation of the suspended sentence for violation of regulations or directives to decide, the Court there should be opportunity for the oral hearing the Shawshank Redemption. A probation officer is ordered, so the Court taught him, when a decision on the revocation of suspended sentence or the parole into consideration; findings, which have become known to the Court from other criminal proceedings, it should teach him if the purpose of the probation supervision appears with this.
(2) against the decisions referred to in paragraph 1, appeal is admissible. She can be based only on that a made order is illegal or that the probation period has been extended subsequently. The revocation of the suspension, the remission of the penalty, the revocation of the Decree, the condemnation reserved punishment and determining that it has leave with a warning (§§ 56f, 56 g, 59b of the Penal Code), can be challenged with immediate appeal.

section 453a (1) the accused is not been taught according to section 268a para 3, so the instruction shall be granted jurisdiction by the decisions according to § 453. The Chairman may appoint a contracted or requested judge of teaching.
(2) the information is to be granted orally except in cases of minor importance.
(3) the defendant should be lectured also on subsequent decisions. Paragraph 1 shall apply mutatis mutandis.

§ 453 b (1) the Court monitors during the probation period the lifestyle of the Shawshank Redemption, namely compliance with regulations and directives as well as proffer and commitments.
(2) the monitoring is the court competent for the decisions under section 453.

§ 453c (1) is that the suspension is revoked sufficient grounds for believing, left, so the Court can issue a warrant until to the legal force of the revocation decision, order the person of convicted to, provisional measures no. 1 or 2, if necessary, under the conditions of § 112 para 2 or, if certain facts justify the risk that the offender will commit serious offences.
(2) the prison suffered due to a warrant referred to in paragraph 1 is applicable to the custodial sentence for supersedes. Section 33, paragraph 4, sentence 1, as well as the sections 114 to 115a, 119 and 119a shall apply mutatis mutandis.

Section 454 (1) the decision whether to suspend the enforcement of the remainder of a term of imprisonment, suspended to (§§ 57 and 58 of the Penal Code), as well as the decision that such a request of the sentenced person is inadmissible before expiry of a certain period, hits the Court without oral proceedings by decision. The public prosecutor's Office, the offender and the correctional facility can be heard. The offender can be heard orally. The oral consultation of the person sentenced may be waived if the public prosecutor's Office and the law enforcement agency the suspension of imprisonment early advocate 1 and the Court intends to the suspension, the sentenced person, the suspension has requested 2. at the time of submission of a) at early imprisonment not half or less than two months, b) at life sentence less than thirteen years of the sentence served has and the Court rejected the request because of untimely submission or 3. the request of the sentenced person inadmissible is (§ 57 par. 7, section 57a subsection 4 of the Penal Code).
At the same time, the Court decides whether a deduction is excluded according to § 43 para 10 No. 3 of the Prisons Act.
(2) the Court carries out the opinion of an expert on the sentenced person, if it is considering to suspend the enforcement of the remainder of 1 the life imprisonment or to suspend 2. an early prison sentence of more than two years for an offence of the type referred to in section 66 paragraph 3 sentence 1 of the Penal Code, and cannot be ruled out is that public safety reasons preclude an early release of the sentenced person.
The opinion has to express whether the sentenced person no more danger that its hazard light which entered by the Act continue to exist specifically to the question. The expert can be heard to give is the Prosecutor, the sentenced person, his defenders and the correctional facility where opportunity to participate orally. The Court may refrain from the oral hearing of experts if the condemned man, his defender and the Prosecutor to refrain.
(3) against the decisions referred to in paragraph 1, immediate appeal is allowed. The appeal of the public prosecutor's Office against the decision, which ordered the suspension of the remainder of the penalty has suspensive effect.
(4) In addition, section 246a, subsection 2, section 268a, paragraph 3, the sections 268d are to apply 453, 453a b and 453 c in accordance with paragraph 1 and 3, as well as the SEC. 453. The instruction on the suspension of the remainder of the penalty issued verbally; the information can be transmitted also the correctional facility. The instruction should be placed immediately before the release.

section 454a (1) decides the suspension of execution of the remainder of a sentence the Court at least three months before the time of discharge, so the probation period extended around the time of the legal force of the suspension decision up to discharge.
(2) the Court may lift the suspension of execution of the remainder of a term of imprisonment up to discharge the offender, if the suspension due to newly occurred or become known facts, taking into account the security interest of the general public can no longer be responsible for; Section 454, paragraph 1, sentence 1 and 2 and paragraph 3 sentence 1 shall apply accordingly. Article 57 par. 5 of the Penal Code shall remain unaffected.

§ should be enforced immediately one after another 454 b (1) imprisonment and imprisonment.
(2) are multiple prison sentences or imprisonment and imprisonment to enforce, one after the other so the executing authority interrupts the execution of the sentence to be enforced first when 1 under the conditions of § 57 par. 2 No. 1 of the Penal Code the half, but at least six months, 2. in addition to early prison sentence two-thirds, but not less than two months, or 3 at life sentence of fifteen years of the sentence is serving are. This does not apply to penalty that remains be enforced due to revocation of their suspension. The conditions for a suspension of the sentence to be enforced first before enforcement of the sentence to be enforced later join, is the suspension retroactively on the timing of the entry into the enforceability.
(3) has suspended the enforcement of the executing authority referred to in paragraph 2, so the court decisions § 57 and 57a of the Penal Code according to the § first, if penalties can be decided on the suspension of the enforcement of the residue of all at the same time.

§ 455 (1) who is executing a custodial sentence be deferred if the convicted person in mental illness will be forfeited.
(2) the same applies to other diseases, if to get is the enforcement-related hazards for the condemned.
(3) the enforcement of penalties may be postponed even if the offender is in a physical condition where an immediate enforcement by establishing the penitentiary is incompatible.
(4) the executing authority can the enforcement of a custodial sentence break, if the convicted person in mental illness expires 1, 2 due to an illness of the enforcement is to get a near life danger for the condemned or 3.
the offender otherwise severely ill and the disease in a correctional facility or an institution hospital can be not recognized or treated and to be expected is that the disease is expected to persist for a considerable time. The execution must not be interrupted when vast grounds, namely public security, prejudice.

section 455a (1) that enforcement authority may not preclude the enforcement of a custodial sentence or a detention order of improvement and assurance postpone or interrupt without the consent of the prisoners if this is necessary for reasons of law enforcement organization and overwhelming reasons of public security.
(2) if the decision of the enforcement authority in a timely manner be obtained, the Institute Director can interrupt temporarily the enforcement under the conditions of paragraph 1 without the consent of the prisoners.

Section 456 (1) at the request of the sentenced person may be postponed enforcement provided by the immediate enforcement of significant, outside of the penalty in order to disadvantage the sentenced person or his family.
(2) the reprieve must not exceed a period of four months.
(3) the permit may be made conditional on a guarantee or other conditions.

section 456a (1) that enforcement authority may by the enforcement of a custodial sentence, a spare custodial sentence or a detention order of improvement and assurance refrain, if delivered the condemned man because an other Act of a foreign Government, transferred to an international criminal court, or if he is expelled from the scope of this federal law.
(2) the delivered, the transferred or the reported returns, enforcement can be rescheduled. The rectify of a measure of improvement and assurance applies to § 67 c para 2 of the criminal code according to. The executing authority can at the same time with the appearance of the enforcement order the catch-up for the case that return of the delivered, transferred or designated, and adopt and investigation measures, in particular the call to the arrest, cause, an arrest warrant or a housing command; Section 131, paragraph 4 and article 131a para 3 shall apply mutatis mutandis. The convicted person is to teach.

§ 456b (dropped out) section 456 c (1), that court may in the judgment at the request or with the consent of the person sentenced effectively becoming of the trade ban by decision slide, if the immediate effect will of the ban would mean a hardness that is significant, beyond its purpose, later be preventable for the convicted person or his relatives. The condemned man has a legal representative, whose consent is required. Section 462 para 3 shall apply mutatis mutandis.
(2) the enforcement authority may suspend the profession under the same conditions.
(3) the suspension and the suspension can be subject to the lodging of a security or other conditions. Postponement and suspension may not exceed a period of six months.
(4) the period of deferral and the suspension is not applicable to the time limit set for the profession.

§ 457 shall apply mutatis mutandis for the purposes described in this section (1), section 161.
(2) the enforcement authority is entitled to adopt a presentation or arrest warrant if the person sentenced on the charge handed down to him not turns the penalty to the inaugural or is suspected of fleeing to the enforcement of a custodial sentence. She may also adopt a presentation or arrest warrant when a convict escapes or is otherwise beyond the full control.
(3) In addition, the enforcement authority has the same powers as the public prosecutor's Office in the cases of paragraph 2, insofar as the measures are intended and suited, to arrest the person sentenced. When assessing proportionality, especially carefully on the duration of the sentence to be enforced is to take. The Court of first instance meets the vital importance of judicial decisions.

Section 458 (1) If on the interpretation of a criminal judgment or on the calculation of the approved penalty doubts or objections to the admissibility of the enforcement of the penalties imposed, is to bring about the Court's decision.
(2) the Court also when are raised in the cases of § 454 b paragraphs 1 and 2, as well as the articles 455, 456 and 456 c para 2 objections against the decision of the executing authority, or if the executing authority arranges a delivered or designated the enforcement of a sentence or a detention order of improvement and assurance to be rescheduled, and objections against this arrangement.
(3) the continuation of the enforcement is not inhibited thereby; However, the Court may order a postponement or suspension of enforcement. In the cases of §, the Court may make an interim order to 456 c para 2.

§ 459 for the enforcement of the penalty the judicial recovery rules apply, unless the law States otherwise.

section 459a (1) the executing authority decides the grant payment facilities in fines (section 42 of the Criminal Code) after the judgement.
(2) the enforcement authority may change a decision on payment facilities referred to in paragraph 1, or according to § 42 of the Penal Code, or revoke. While she may depart from a previous decision to the detriment of the convicted person only on the basis of new facts or evidence.
(3) the benefit shall not be under section 42, sentence 2, of the Penal Code, to pay the fine in certain portions, this is mentioned in the acts. Again, the executing authority may approve a payment relief.
(4) the decision on the payment facilitation also extends to the costs of the proceedings. She can be made also solely in terms of costs.

§ 459 b amounts are, if the convicted person in the payment meets no provision, first of all on the fine, then on the arranged about side effects, requiring a cash payment, and last on the expected costs of the proceedings.

Section 459c (1) which is fine or the amount of the fine before the end of two weeks after the due date only driven in, if identifiable on the basis of certain facts is that the offender wants to evade the payment.
(2) the enforcement can be avoided if you expect that it will lead to no success any time soon.
(3) in the estate of the person sentenced, the fine may not be enforced.

§ 459d (1) the Court may order that the money penalty wholly or in part is omitted, if has been 1 in same procedure enforced imprisonment or subject to probation or 2. in another case of imprisonment is imposed, the requirements of § 55 of the Penal Code are not available and enforcement can complicate the rehabilitation of the person sentenced to fine.
(2) the Court may make a decision under paragraph 1 with regard to the costs of the proceedings.

§ 459e (1) the imprisonment will be carried out on the orders of the executing authority.
(2) the warrant presupposes that the fine may not be inserted or the enforcement section 2 is omitted pursuant to § 459 c.
(3) due to a partial amount corresponding to any full day imprisonment, the enforcement of the imprisonment may be ordered.
(4) the imprisonment is not enforced, as far as the fine is paid or recovered or enforcement is omitted according to § 459d. Paragraph 3 shall apply mutatis mutandis.

section 459f the court orders that the enforcement of the imprisonment is omitted if the execution of the condemned would be an undue hardship.

Section 459 g (1) the decay, the confiscation or making useless a thing has been ordered, so this arrangement will be carried out, that the thing is taken away from the sentenced person or the revocation or Einziehungsbeteiligten. The rules of judicial recovery order for enforcement.
(2) for the enforcement of side effects, requiring a cash payment, the sections 459 apply 459a, 459c, paragraphs 1 and 2 and § 459d.

Section 459 h over objections to the decisions of the enforcement authority section 459a, 459 c, 459e and 459 g the Court shall decide.

section 459i (1) for the assets of the penalty (section 43a of the Criminal Code) the section shall apply § 459, 459a, 459, 459 c, 459e, 459f and 459 h mutatis mutandis.
(2) in cases of §§ 111o, 111 p is to repeal the measure until after the execution.

§ 460 someone has been condemned by various legal rulings to sentences and have remained in the provisions on the awarding of a total penalty (article 55 of the Penal Code) out of consideration, approved penalties by a subsequent court decision on a total penalty shall be due. Are several financial penalties is attributed to a total penalty of assets, so these must be at least also then the highest fine forfeited, if the amount exceeds the value of the assets of the offender at the time of the subsequent decision.

section 461 
(1) the offender have been linked after the beginning of the enforcement of penalties due to illness in a hospital separate from the penitentiary, the length of stay in the hospital at the time penalty is so count, if not the convicted person with the intention of disrupting the enforcement has caused the disease.
(2) the public prosecutor's Office has to bring about a decision of the Court in that case.

Section 462 (1) decisions are vital importance according to section 450a, paragraph 3, sentence 1 and § 458 to 461 Court the Court without oral proceedings by decision. The same applies to the reissue of lost skills and rights (§ 45 b of the Penal Code), the lifting of the reservation of the recovery and the subsequent formation of the confiscation of an object (§ 74 b para 2 sentence 3 of the Penal Code), the subsequent arrangement of expiration or cancellation of value replacement (§ 76 of the Penal Code), as well as for the extension of the limitation period (§ 79 b of the Penal Code).
(2) prior to the decision, the Prosecutor and the convicted person are heard. The court orders a hearing, so it can determine that the convicted person stop doing at a place other than the Court and the hearing is simultaneously transmitted in image and sound in the place where the offender resides, and in the meeting rooms. The Court can refrain pursuant to § of the consultation of the person sentenced in cases a decision 79 b of the Penal Code if to assume as a result of certain facts is that the hearing is not executable.
(3) the decision is appealable with immediate appeal. The immediate appeal of the public prosecutor's Office against the decision, which ordered the suspension of enforcement has suspensive effect.

section 462a (1) enforced a sentence against the sentenced person, 454, is that after the articles 453, 454a and 462 to decisions taken the execution Chamber, the penitentiary is located in the district, in which the convicted person at the time in which the Court is concerned with the thing, recorded is. The execution Chamber is also responsible for decisions to be taken, after the enforcement of a custodial sentence interrupted or suspended the enforcement of the remainder of the sentence suspended. The enforcement Chamber can make individual decisions according to § 462 in conjunction with § 458 para 1 of the Court of first instance; the tax is binding.
(2) in other than the cases referred to in paragraph 1, the Court of first instance is responsible. The Court can make all or part of the decisions to be taken according to § 453 to the District Court, in whose district the offender resides or in the absence of a residence has his habitual residence; the tax is binding. By way of derogation from paragraph 1 the Court of first instance is responsible in the cases there referred if it has reserved the arrangement of backup storage and a decision is still possible in accordance with § 66a paragraph 3 sentence 1 of the Penal Code.
(3) in the cases of § 460, the Court of first instance. So the final decision the various judgments by various courts were enacted, lies with the Court, has recognized the most serious type of penalty or penalties same category at the highest penalty, and if thereafter several dishes would be responsible, the Court, whose ruling has been rendered last. After this decisive judgment by a Court of a higher instance was adopted, the Court of first instance shall determine the total penalty; one of the judgments of a Court of appeal in the first Rechtszuge was adopted, the Court of appeal shall determine the total penalty. A District Court to the formation of the total penalty would be responsible and his Strafgewalt is not sufficient, so the trial Chamber decides the him higher regional court.
(4) different courts have sentenced the convicted in other than the cases referred to in § 460 final on penalty or cautioned subject to penalty, so is just one of them that according to the § 453 454, 454a, and 462 to decisions taken charge. Paragraph 3 sentence 2 and 3 shall apply mutatis mutandis. In the cases of paragraph 1 decides the enforcement Chamber; Paragraph 1 sentence 3 shall remain unaffected.
(5) in place of the execution Chamber, the Court of first instance decides if the judgment of a Court of appeal in the first Rechtszuge is adopted. The higher regional court can deliver all or part of that under paragraphs 1 and 3 to decisions taken to the execution Chamber. The tax is binding; However, she may be revoked by the superior court.
(6) the Court of first instance is the Court to which the matter has been referred back, and in the cases where the recovery procedure a decision was taken according to § 373, the Court which has made this decision in the cases of article 354, paragraph 2 and of the § 355.

§ 463 (1) the the enforcement rules on for the enforcement of measures of improvement and assurance mutatis mutandis, insofar as nothing else is determined.
(2) § 453 applies also to the decisions to be taken after the §§ 68a and 68 d of the Penal Code.
(3) article 454, paragraph 1, 3 and 4 applies according to § 67 c para 1, § 67d, par. 2 and 3, § 67e section 3, the §§ 68e, 68f (2) and § 72 ABS. 3 of the Penal Code to make appropriate decisions. In the cases of § 68e of the Penal Code, there is not an oral consultation of the person sentenced. Section 454, paragraph 2 is article 67d, paragraph 2 and 3 and article 72 paragraph 3 of the Penal Code regardless of the listed offences in cases as well as in testing the requirements of § 67 c paragraph 1 also regardless of whether the Court is considering a suspension, unless the Court on the execution of the backup storage to decide appropriate application, has set 1, paragraph 1 of the Penal Code; In addition, § 454 section 2 for the offences mentioned therein shall apply. To the preparation of the decision under section 67d paragraph 3 of the Penal Code, as well as the subsequent decisions under section 67d, subsection 2, of the Penal Code, the Court has to obtain the opinion of an expert by name to the question, whether substantial unlawful acts are to be expected by the sentenced person. Is placing in the backup storage arranged, ordered the Shawshank Redemption, which has no defenders, the Court in a timely manner before a decision according to § 67 c paragraph 1 of the Penal Code a defender.
(4) in the framework of the inspections according to § 67e of the Penal Code the Court should seek the opinion of an expert after each five years of permanent housing in a psychiatric hospital (section 63). The expert should not have been involved in the context of the enforcement of the housing with the treatment of the accommodated person or work at the psychiatric hospital, where is located the accommodated person. Insight is an expert in the data in the patient of the hospital about the accommodated person to grant. Section 454, paragraph 2 shall apply mutatis mutandis. The Court for the proceedings ordered the accommodated person who has no Defender, a defender pursuant to sentence 1.
(5) article 455, paragraph 1 shall not apply if the accommodation in a psychiatric hospital is located. Accommodation in an institution for withdrawal or in the backup storage has been ordered and forfeit the condemned man in mental illness, the enforcement of the measure may be postponed. section 456 is not to apply if the accommodation of the convicted person in the backup storage is arranged.
(6) § 462 sentence 2, the section 67a and 67 c para 2, § 67d para 5 and 6, the §§ 67 also applies to the after section 67, paragraph 3 and paragraph 5 g, 67 h and 69 para 7 and §§ 70a and 70B of the Penal Code decisions. The Court explains the arrangement of measures pursuant to § 67h para 1 sentence 1 and 2 of the Penal Code for immediately executable threaten significant illegal deeds of the person sentenced.
(7) for the application of article 462a 1 management oversight in the cases of § is equivalent to 67 c para 1, § 67d para 2 to 6 and the section 68f of the Penal Code of the suspension of the remainder of a penalty.
(8) will be placing in the backup storage is carried out, the court appointed a defender the sentenced person, who has no defenders, for the procedure of the judicial decisions to be taken in the field of the enforcement of the. The appointment must be made in good time before the first judicial decision and also applies to any other procedure, as long as the order is not cancelled.

section 463a (1) the supervisory authorities (section 68a of the Penal Code) can request information to the monitoring of the behaviour of the convicted person and the fulfillment of instructions by all public authorities and undertake investigations of any kind, excluding eidlicher interrogations, either itself or make by other authorities within their competence. The stay of the convicted person is not known, can the leader of the its tender for determining residence leadership authority (§ 131a para 1) order.
(2) the authority may for the duration of the supervision of management or for a shorter time order that the convicted person to observe on the occasion is written out by police controls that allow the determination of personal data,. section 163e, paragraph 2 shall apply mutatis mutandis. The arrangement meets the head of the management authority. The necessity of the continuation of the measures is to review at least annually.
(3) at the request of the supervisory authority, the Court can issue a show command, if the condemned man of a directive b para 1 sentence 1 No. 7 or no. 11 of the Penal Code without sufficient excuse has not complied according to § 68 and he was pointed out in the charge that his demonstration is allowed in this case. As far as the Court of first instance has jurisdiction, the Chairman decides.
(4) the authority collects and b paragraph 1 set saves 1 number 12 of the Penal Code with the help of technical means carried by the convicted person in the case of instruction according to § 68 automates data about their whereabouts, as well as for any impairment of data collection; as far as it is technically possible, is to make sure that no stay data beyond the fact of their presence is collected inside the home of the convicted person. The data may only be used without the consent of the person concerned, insofar as this is necessary for the following purposes: 1 to establish infringement of an instruction pursuant to § 68b paragraph 1 sentence 1 number 1, 2 or 12 of the Penal Code, 2. to undertake measures of management oversight, aimed at a violation of an instruction pursuant to § 68 b paragraph 1 sentence 1 number 1 , 2 or 12 of the Penal Code can connect, 3. to sanctioning a breach of a direction under paragraph 68 b paragraph 1 sentence 1 number 1, 2 or 12 of the Penal Code, 4. current to fend off a significant danger to the life, limb, personal freedom or the sexual self-determination 5. to prosecute an offence of the type referred to in section 66 paragraph 3 sentence 1 of the Penal Code or third party.
To comply with the purpose limitation pursuant to sentence 2, has the processing of data for the detection of infringements pursuant to sentence 2 number 1 in conjunction with § 68 b paragraph 1 set automatically to be 1 number 1 or 2 of the Penal Code and are especially to secure the data against unauthorized inspection. The supervisory authority may choose the collection and processing of data by the authorities and officers of the police service to make; they are obliged to meet the request of the supervisory authority. The data referred to in sentence 1 are to delete, as far as they are not used for the purposes referred to in sentence 2 no later than two months after their collection. Each time the data is consumed at least of the time, the retrieved data and the reviewer are to log; Section 488, paragraph 3, sentence 5 shall apply mutatis mutandis. Inside the home of the convicted person beyond stay data collected on the fact of their presence, they may cannot be used and must be delete immediately after taking note. The fact of their notice and deletion shall be documented.
(5) territorial jurisdiction is the authority in whose district the offender resides. The offender does not reside in the territorial scope of this Act, as the supervisory authority is jurisdiction, in whose district he has his usual place of residence and, if one is not known, had his last domicile or habitual residence.

section 463 b (1) is a driver's licence according to § 44 para 2 sentence 2 and 3 of the Penal Code officially to be kept and he will not voluntarily issued it is so to seize.
(2) foreign driving licences can the registration of a notice about the ban or the revocation of the licence and the lock (section 44 para 2 sentence 4, § 69 para 2 of the Criminal Code) are confiscated.
(3) the offender has, if the driver's license with him is not present, to give an affidavit about the whereabouts at the request of the executing authority at the District Court. Section 883, paragraph 2 and 3 of the code of civil procedure shall apply mutatis mutandis.

section 463c (1) is assigned to the public announcement of the conviction, so the decision is notified to the person entitled.
(2) the order referred to in paragraph 1 is only performed if the applicant or's in its place scientist within one month after notification of the final decision requires.
(3) the Publisher or the editor of a periodic printed publication does not fulfil its obligation, to record such a notice in the printing, so the Court at the request of the executing authority holds him up to twenty-five thousand euro by fixing a penalty payment or by detention up to six weeks to do so. Penalty can be set repeatedly. Article 462 shall apply mutatis mutandis.
(4) paragraph 3 applies mutatis mutandis for the announcement on the radio, where for programming responsible obligation does not comply with the.

section 463d to prepare the decisions to be taken according to the § 453 and 461 can serve the Court or enforcement authority of court assistance; This is in particular before deciding on the revocation of suspended sentence or the suspension of the remainder of the penalty into account, if not a probation is ordered.
Second section costs section 464 (1) every judgment, any indictment and any decision be a an investigation must moreover determination meet, by whom the costs are.
(2) the decision on who bears the necessary expenses, is the Court in the judgment or the decision which concludes the procedure.
(3) against the decision on the costs and necessary expenses, immediate appeal is allowed; It is inadmissible if contesting the main decision by the complainant referred to in paragraph 1 shall not be permitted. The Court of appeal is bound to the findings on which the decision is based. Is placed against the verdict, as far as the decision on the costs and necessary expenses, immediate appeal and in the other appeal or revision, so the appeal or Court of Cassation is responsible also for the decision on the immediate appeal, as long as it is concerned with the appeal or revision.

§ 464a the charges and expenses of the State Treasury are (1) cost of the procedure. The costs include also the resulting from the preparation of the public action and the costs of enforcement of a legal consequence of the Act. Also the costs incurred for the preparation of a recovery procedure (§§ 364a, and 364 b) include the costs of the application for reopening of the case completed by a final judgment, as far as they are caused by a request of the convicted person.
(2) to the necessary costs incurred by a party, including 1 the compensation for a necessary time failure under the regulations, that apply to the compensation of witnesses, and 2 are the fees and costs incurred by a lawyer, as far as section 91 paragraph 2 of the code of civil procedure to reimburse them.
Footnote § 464a paragraph 2 No. 2: the GG according to the formula of the decision consistent with, BVerfGE v. 6.11.1984; In 1985 i 194-2 BvL 16 / 83 - section 464b the amount of the costs and expenses that a party has to refund one of the other parties, is set at the request of one of the parties by the Court of first instance. On request, it is to pronounce that the fixed costs and expenses from the installation of the fixing application to are to pay interest on. On the interest rate, the procedure and the decision are the rules of civil procedure apply mutatis mutandis.

section 464c is used for a defendant who does not speak the German language, hearing or tongue-tied, an interpreter or translator, so the expenses incurred be imposed on the accused, insofar as he has culpably unnecessarily caused this by culpable omission or in any other way; This is to expressly pronounce except in the case of section 467, paragraph 2.

§ 464d the costs incurred by the Treasury and the necessary expenses of the parties involved can be distributed after a split.

The costs of the proceedings the defendant has § 465 (1) as far as to wear as they have arisen through the proceedings for an act for which he convicted or ordered a measure of improvement and assurance against him. A conviction within the meaning of this provision exists even if the accused with punishment reserved is cautioned or aside the Court of punishment.
(2) special expenses arising from investigations to elucidate certain burdensome or regulates circumstances and are expected to these studies in favour of the accused as the Court has partially or completely to impose the incurred the Treasury, if it would be unreasonable to charge the defendants thus. This applies particularly if the accused is not convicted due to single detachable parts of an act or individual of multiple violations of the law. Sentences 1 and 2 shall apply mutatis mutandis for the necessary costs incurred by the defendant.
(3) dies a sentenced person before occurred legal force of the judgment, his legacy costs of liability.
Footnote § 465 para 1 sentence 1: IdF d. plant 3 g v. 12.9.1950 S. 455 with the GG compatible, BVerfGE v. 19.1.1965 I 42-2 BvL 8/62 - § 466 
Co-accused against the on same Act on punishment, detected or ordered a measure of improvement and assurance, are liable for the costs incurred by severally. This shall not apply to that through the activity of an ordered Defender or an interpreter and the costs incurred in the enforcement, provisional accommodation or pre-trial detention, as well as for expenses, by acts of investigation, only against a co-accused were aimed, caused.

§ 467 (1) as far as is acquitted the accused, rejected the main proceedings against him or the case against him dropped, the costs incurred by the Treasury and the necessary expenses of the accused of the State Treasury to the last drop.
(2) the costs of the proceedings, the accused through a culpable omission caused, imposed on him. The him to the extent incurred the State Treasury not be imposed.
(3) that are necessary costs incurred by the defendant the State Treasury not imposed if the accused caused bringing the public action as a result, he faked in a voluntary disclosure to have him to load specified crime committed. The Court may refrain from imposing on the necessary costs incurred by the defendant of the Treasury if he bringing the public action this has led 1, that he has himself in material respects, insult or contrary to his later declarations charged or concealed material exonerating circumstances although he has expressed to the accusation, or 2 for an offence only therefore is not convicted , because of a procedural obstacle.
(4) the Court closes the case under a provision, which permits its discretion, so it can refrain from to pay the necessary expenses of the accused of the State Treasury.
(5) the necessary costs incurred by the defendant not imposed on the State Treasury, if the matter is finally dismissed after previous preliminary setting (section 153a).
Footnote § 467: IdF d. Article 2 No. 25 G v. 24.5.1968 I 503 with the GG BVerfGE compatible, v. 15.4.1969 I 429-1 BvL 20/68 - section 467a (1) does the public prosecution service the public lawsuit back and it was discontinuing the proceedings, the Court, in which the public complaint was raised, to impose this adult necessary costs incurred by the Treasury at the request of the Prosecutor or the accused has. § 467 para 2 to 5 shall apply mutatis mutandis.
(2) the a first (§ 431, section 1, sentence 1, § 442, 444 para 1 sentence 1) the Court in the cases of paragraph 1 sentence 1 on request of the public prosecutor's Office or the first of the State Treasury or one of the other parties may impose on adult necessary expenses.
(3) the decision referred to in paragraph 1 and 2 is final.

§ 468 at mutual insults is the condemnation of one or both parts in the cost excluded thus, that one or both of impunity be explained.

§ 469 (1) is if only extra-judicial proceedings by a deliberately or recklessly made false display causes have been, so the Court the costs of the display, after he has been heard, and the to impose adult necessary expenses to the accused. The a first (§ 431, section 1, sentence 1, § 442, 444 para 1 sentence 1) adult necessary expenses the Court may impose on the display.
(2) yet no court the matter was involved, the decision at the request of the public prosecutor by the Court, which would have been responsible for the opening of the main proceedings is taken.
(3) the decision referred to in paragraph 1 and 2 is final.

§ 470 is set the procedure for withdrawal of the application by which it was due, as the applicant has costs as well as the fault of the accused and a first (§ 431, section 1, sentence 1, § 442, 444 para 1 sentence 1) adult necessary expenses to carry. You can imposed on the defendant or a first, if he agreed to take over the Treasury, unless it would be unreasonable to charge those involved thus.

§ 471 (1) in a proceeding on raised private prosecution the sentenced person has also the Prosecutor to submit adult necessary expenses.
(2) dismisses the action brought against the accused or this is acquitted or the matter is dismissed, the costs of the proceedings be the Prosecutor and the accused person adult necessary expenses to the load.
(3) the Court can appropriately distribute the cost of the procedure and the necessary expenses of the parties involved or impose one of the parties discretion when 1 it has suited the applications of the private only to the part;
2. the proceedings; discontinued according to § 383 paragraph 2 (article 390 par. 5) due to insignificance
3. counterclaim is raised.
(4) several Prosecutor shall be liable as joint and several debtors. The same applies to the Prosecutor with regard to the liability of several suspects that adult necessary expenses.

§ 472 (1) that adult necessary costs incurred by the plaintiff are imposing on the accused if he is sentenced for an act which concerns the civil action. This may be waived wholly or in part, unless it would be unreasonable to charge the defendants thus.
(2) the Court closes the case under a provision that permits at its discretion, so's may impose wholly or partly the necessary expenses referred to in paragraph 1 the accused, insofar as this is equitable for special reasons. The Court finally closes the case after previous preliminary setting (section 153a), paragraph 1 shall apply mutatis mutandis.
(3) paragraphs 1 and 2 shall apply mutatis mutandis for the necessary expenses which g are adult a to the connection as an auxiliary Prosecutor justified in exercising his powers according to § 406. The same applies to the necessary costs incurred by a private if the public prosecutor's Office has taken over the tracking according to § 377, para 2.
(4) section 471, para 4, sentence 2 shall apply accordingly.

the defendant has to wear the Special costs incurred and the necessary expenses of the injured section 472a (1) as far as is granted an application for a claim for adults from the crime.
(2) the Court apart from the decision on the application, is a part of the claim not recognized to the injured person or the injured party takes back the request, so the court discretion, who wears the insofar incurred legal expenses and the extent the participating adult necessary expenses. The legal costs incurred by the Treasury may be imposed insofar as it would be unreasonable to charge those involved so that.

§ 472 decay, confiscation, the reservation of the confiscation, destruction, useless visualization or rectify an unlawful State of affairs is assigned to b (1), so the Special costs adults through its involvement can be imposed on the first. The first adult necessary expenses can, as far as it corresponds to the equity, the accused, imposed in independent proceedings also an other first.
(2) shall be a fine against a legal person or an Association of persons, this must be the cost of the process according to the articles 465, to 466.
(3) if the arrangement one of sentence 1 apart from known side effects or the fixing of a fine against a legal person or an Association of persons in paragraph 1, so you can be imposed on adult necessary costs incurred by the State Treasury or one of the other parties, the first.

§ 473 (1) the costs of a withdrawn or inserted unsuccessfully appeal meet the man who has inserted it. Has the accused unsuccessfully appealed the or withdrawn, you are him by the plaintiff or the person entitled to the connection as an auxiliary Prosecutor to impose to adult necessary expenses g in exercising his powers according to § 406. In the case of the set an appeal 1 of the plaintiff alone or has carried out, the necessary expenses of the accused, this adult are him to impose. Section 472a para 2 applies for the costs of the appeal and the necessary expenses of the parties, if a permissible raised immediate appeal has become invalid according to section 406a para 1 sentence 1 by a decision concluding the instance.
(2) has in the case of paragraph 1 the Prosecutor's appeal to the detriment of the accused or of a first (§ 431, section 1, sentence 1, § 442, 444 para 1 sentence 1), they're like him adult necessary costs incurred by the Treasury to impose. The same applies if the appeal submitted by the public prosecutor's Office in favour of the accused or a first success.
(3) has restricted the accused or an other party the appeal on certain objections, and such an appeal is successful, the necessary expenses of the stakeholders of the Treasury are to impose.
(4) the appeal is partially successful, the Court has to reduce the fee and partially or completely to impose the incurred the Treasury, unless it would be unreasonable to charge those involved so. This applies accordingly to the necessary costs incurred by the parties.
(5) an appeal is unsuccessful, unless an arrangement only therefore not maintained b paragraph 1 of the Penal Code according to article 69, paragraph 1 or § 69, because their conditions because of the duration of a temporary withdrawal of the licence (section 111a par. 1) or a custody, securing, or confiscation of the licence (section 69a para 6 of the Penal Code) no longer exist.
(6) paragraphs 1 to 4 shall apply mutatis mutandis to the costs and the necessary expenses caused by a request for resumption of proceedings closed by a final judgment or 2 on a subsequent proceedings (§ 439) 1.
(7) the cost of restitutio in integrum fall the applicant to the load, so far as they are not incurred by an unsubstantiated opposition of the opponent's.

section 473a has the Court at the request of the person concerned in a separate decision on the legality of an investigative measure or to their execution, determines it at the same time who the costs and the necessary expenses of the parties are to bear. These are, as far as the measures or their enforcement for illegal explains the Treasury, in addition to impose on the applicant. Article 304, paragraph 3 and article 464, paragraph 3, sentence 1 shall apply accordingly.
Eighth book giving information and documents, any other use data procedures cross-purposes, file rules, cross-border staatsanwaltschaftliches process register first section granting of information and documents, any other use of data for process cross-purposes of § 474 (1) courts, prosecutors and other judicial authorities for inspection, if this is necessary for purposes of the administration of Justice.
(2) in addition, information from files in public places are allowed, unless 1 the information to determine enforcement or defense of legal claims relating to the offence are required, 2. may be transmitted to these places in other cases on the basis of a special provision officio PII from criminal proceedings or unless after a delivery officio providing other personal information to the performance is required or 3. the information on the preparation of measures are required , after its adoption on the basis of a special provision officio PII from criminal proceedings in these places may be transmitted.
The provision of information to the intelligence services depends on section 18 of the Federal Verfassungsschutz Act, section 10 of the MAD Act and § 8 of the BND act as well as the respective national provisions.
(3) under the conditions of paragraph 2, access to the file may be granted when provision of information would require a disproportionate effort or the inspection desiring body, giving reasons, explains that the issuing of information for the performance of their tasks would not be enough.
(4) under the conditions of paragraphs 1 or 3, officially held pieces of evidence can be visited.
(5) files can be sent in the cases of paragraphs 1 and 3 for reference.
(6) landesgesetzliche rules which give a right to inspection of parliamentary committees, remain unaffected.

A lawyer can get without prejudice to the provisions of section 406e, information from files § 475 (1) for an individual and for other sites, which are before the Court or to present this in the case of bringing the public action would be, insofar as it sets out a legitimate interest for this. Information may be to fail if a legitimate interest in the refusal has affected thereof.
(2) under the conditions of paragraph 1 inspection may be granted if the provision of information require a disproportionate effort or after presentation of him who desires access to the file to the perception of the eligible interest would not suffice.
(3) under the conditions of paragraph 2, officially held pieces of evidence can be visited. At the request of the files with the exception of the evidence can be given with, as far as access to the file is granted and not important considerations militate against, the lawyer in his business premises or his apartment. The decision is not subject to appeal.
(4) information from the files can be granted to individuals and agencies under the conditions of paragraph 1.

§ 476 (1) operating transfer of personal data in files on other institutions, universities, scientific research, and public places is allowed insofar as 1 it is necessary for the conduct of certain scientific research, 2. a use anonymized data for this purpose is not possible or the anonymity with a disproportionate effort associated and 3 interest worthy of protection of the person concerned to the exclusion of the delivery substantially outweighs the public interest in the research.
In balancing pursuant to sentence 1 No. 3 is the scientific interest in the research project particularly taken into account in the context of the public interest.
(2) the transmission of data through exchange of information occurs when this the purpose of the research work can be achieved and the issue requires a disproportionate effort. Otherwise, inspection of files also can be granted. The files can be sent for inspection.
(3) personal data are transmitted only to persons who are officials or particularly committed to the public service or who have been obliged to secrecy. § 1 2, 3 and 4 is no. 2 of the obligation law on the obligation to maintain secrecy appropriate application.
(4) the personal data may be used only for the research for which they have been submitted. The use for other research or transfer depends on the paragraphs 1 to 3 and the consent of the authority that ordered the transfer of the data.
(5) the data must be protected against unauthorized inspection by third parties. The agent performing scientific research has to ensure that the use of personal data spatially and organizationally separated occurs from complying with such administrative tasks or business purposes for which these data can be equally important.
(6) as soon as the research purpose allows the personal data are made anonymous. As long as this is not possible, are the features to be kept separately, that individual details about personal or factual circumstances of a certain or determinable person can be associated. You may be merged only with the particulars, as far as required by the purpose of the research.
(7) a person who has to get the paragraphs 1 to 3 personal data, can publish only this if this is essential for the presentation of research results about events of contemporary history. The publication requires the consent of the authority that has transmitted the data.
(8) the recipient is a non-public place, the provisions of the third section of the Federal Data Protection Act shall also apply if processed the data in or from files.

§ 477 (1) information can be granted also by provision of copies of the files.
(2) information from files and documents are to fail if the purposes of criminal proceedings, the hazard of the purpose of the investigation in other criminal proceedings, or special federal or corresponding landesgesetzliche usage regulations preclude the transmission. A measure is permitted under this Act only if suspected of certain types of crime so the personal data acquired on the basis of such a measure without the consent of the persons affected by the measure may be used as evidence in other criminal proceedings only for the investigation of such offences, for their investigation of such a measure would have to be mounted according to this law. In addition, personal data that have been acquired by a measure of the kind referred to in sentence 2 must, be used without the consent of the persons affected by the measure only 1 to avert of a significant threat to public safety, 2. for the purposes for which a delivery according to § 18 of the Federal Verfassungsschutz Act is allowed, and 3 in accordance with § 476 section 100 d para 5 , section 100i para 2 sentence 2 and section 108, paragraph 2 and 3 shall remain unaffected.
(3) in proceedings in which was 1 acquitted the accused, rejected the opening of the main proceedings or the proceedings discontinued or 2. conviction not in a leadership certificate authorities is included and more than two years have elapsed since the legal force of the decision, information from the records and access to non-public institutions may be granted only if a legal interest in the knowledge of the information is credible and the earlier accused has no legitimate interest in the refusal.
(4) responsibility for the admissibility of the communication carries the receiver, where it is a public body or a lawyer. The transmitting authority checks in this case only the transfer request within the framework of the tasks of the recipient is, except that there is special reason to a further consideration of the admissibility of the communication.
(5) the following sections 474, may be used only for the purpose 475 acquired personal data, for which the information or access to the file is granted. Use for other purposes is permitted, if this information or access to the file should be granted and granted the site, the information or documents in the case of § 475, agrees. Issued a report without the intervention of a lawyer, so is the earmarking to point out.

The Chairman of the Court dealing with the matter decides § 478 (1) through the provision of information and access to the files in the preparatory proceedings and residents after the procedure the Prosecutor indeed. The public prosecutor's Office is authorized to give information even after bringing the public action. The public prosecutor's Office may authorise the authorities of the police service, who have led the investigation or lead, to grant access to the file, and information in the cases of § 475. Against whose decision the decision of the public prosecutor's Office can be obtained. The transfer of personal data between authorities of the police service or an appropriate inspection is permitted without decision pursuant to sentence 1, unless there are doubts as to the admissibility of the transmission or the access to the file.
(2) for any files that are not part of the file, information may only be granted if the applicant proves the consent to the place, whose files are; The same applies to access to the files.
(3) in the cases of § 475 judicial decision can be requested against the decision of the public prosecutor's Office referred to in paragraph 1 by the Court according to § 162. The articles 297 and 300, 302, 306-309, 311a and 473a shall apply mutatis mutandis. The Court's decision is final, as long as the investigations are still incomplete. These decisions are not equipped with reasons, insofar as its disclosure could endanger the purpose of the investigation.

§ 479 (1) from Office due to personal data from criminal proceedings may be transmitted pursuing law enforcement authorities and criminal courts for purposes of law enforcement, as well as the competent authorities and courts for purposes of administrative offences, insofar as these are necessary data from the perspective of the transmitting site for this.
(2) the transmission of personal data by virtue from a criminal case is also permitted, if the knowledge of the data from the perspective of the transmitting authority is required for 1 the enforcement of penalties or measures within the meaning of § 11 para 1 No. 8 of the Penal Code or the enforcement or execution of correction or breeding appliances within the meaning of the Juvenile Court Act, 2. the enforcement of custodial measures , 3 decisions in criminal matters, in particular on the suspended sentence suspended or its revocation in fines or grace matters.
(3) 477 para 1, 2 and 5 and § 478 par. 1 and 2 § shall apply accordingly; the transmitting authority responsible for the admissibility of the communication.

§ 480 specific legal provisions which allow, or arrange the transfer of personal data from criminal proceedings remain unaffected.

In accordance with the police law, personal data from criminal use section 481 (1) that police authorities are entitled to. For the stated purposes, law enforcement agencies and courts to police authorities may transmit personal data from criminal proceedings or grant access to the file. The sentences 1 and 2 shall not apply in cases in which the police operates solely for the protection of private rights.
(2) the use is not permitted, where special federal or corresponding landesgesetzliche usage rules conflict.
(3) the police authority has doubts whether a use of personal information under this provision is allowed, shall apply accordingly § 478, paragraph 1, sentence 1 and 2.

Article 482 (1) sharing public prosecutor's Office of the police authority, who was involved in the matter, with your file number.
(2) you shall inform the police authority in the cases of paragraph 1 of the outcome of the procedure by notifying the decision formula, the decisive point and the date and the nature of the decision. Sending a print of communication to the Federal central register is allowed in the case of requiring also the judgment or a reasoned decision of setting.
(3) in proceedings against unknown and criminal traffic cases, as far as it not under the sections 142, falling 315 to 315c of the criminal code, is the outcome of the proceedings referred to in paragraph 2 by virtue not notified.
(4) a judgment shall be sent to, which has been challenged, so to specify who has filed an appeal.
Second section file rules article 483 (1) courts, law enforcement agencies including law enforcement authorities, probation, supervisory authorities for management oversight and court assistance may store personal data in files, change and use, insofar as this is necessary for purposes of criminal proceedings.
(2) the data may be used also for other criminal proceedings, the international legal assistance in criminal matters and grace matters.
(3) is stored along with the data, storing them is determined by the laws of the police, in a file of the police the law applicable to the filing office is decisive for the processing and use of personal data and the rights of those affected.

§ 484 (1) law enforcement may be used for purposes of future criminal proceedings 1 the personal data of the accused and, where necessary, other characteristics suitable for identification, 2. the competent authority and the file number, 3. the more detailed designation of the crimes, particularly the alleged, the crime scenes and the amount of any damage, 4 that the initiation of the proceeding, as well as the procedure out of the public prosecutor's Office and Court together with the statement of the legal rules in files store charges by specifying the legal regulations, 5. , modify and use.
(2) other personal information from accused persons and accomplices may just save them to files, change and use, insofar as this is necessary, because due to the kind or execution of the deed, the personality of the accused or accomplices, or any other findings there is reason to believe, that further criminal proceedings against the accused are. Is legally acquitted the accused, rejected the main proceedings against him unassailable, or the procedure set not only for the time being, as the storage, alteration and use is inadmissible pursuant to sentence 1 if is apparent from the grounds of the decision, that the person concerned has committed the Act not or not unlawful.
(3) the Federal Ministry of Justice and the provincial governments determine details about the type of data which may be stored pursuant to paragraph 2 for the purposes of future criminal proceedings for their respective Division by regulation. This does not apply to data in files that are only temporarily stored and deleted three months after they are created. The State Governments can confer Ordinance on the competent ministries of the country the empowerment.
(4) the use of personal data for purposes of future criminal proceedings in the police files are stored or are, depends, except use for purposes of criminal proceedings, the police laws.

§ 485 courts, law enforcement agencies including law enforcement authorities, probation, supervisory authorities for management oversight and court assistance may store personal data in files, modify and use, insofar as this is necessary for purposes of the task management. Use for the purposes referred to in section 483 is allowed. A use for the purposes referred to in § 484 is allowed insofar as the storage would be allowed even under that provision. Section 483, para 3 is correspondingly applicable.

The personal data section 486 (1) can be stored mentioned point to common files for that in the paragraphs 483 to 485.
(2) in the case of transnational joint files one are for claims affected by section 8 of the Federal data protection act according to.

§ 487 (1) in the competent authorities, the data stored pursuant to the paragraphs 483 to 485 may be transmitted as far as this is necessary for the purposes referred to in these regulations shall, for purposes of grace proceedings or the international mutual legal assistance in criminal matters. § 477 2 and § 485 sentence 3 shall apply accordingly.
(2) in addition, communication of information in a file may be granted, as far as access to the file or information from the records could be granted according to the provisions of this Act. The same applies to messages according to the § 479, 480 and 481 1 set 2 (3) the responsibility for the permissibility of the transmission is the transmitting site. The delivery is carried out at the request of the recipient, this responsibility. In this case the transmitting authority checks only the transfer request within the framework of the tasks of the recipient is, except that there is special reason to a further consideration of the admissibility of the communication.
(4) the data stored pursuant to the paragraphs 483 to 485 may be transmitted also for scientific purposes. § 476 shall apply mutatis mutandis.
(5) specific legal provisions which allow, or arrange the transfer of data from criminal proceedings remain unaffected.
(6) the data may be used only for the purpose for which they have been submitted. Use for other purposes is permitted, insofar as the data also had may be transferred.

§ 488 (1) setting up an automated retrieval procedure or an automated request and information process is allowed, mentioned point for transfers pursuant to section 487 paragraph 1 between the in section 483, paragraph 1 insofar as this form of data transfer, taking into account the legitimate interests of those affected due to the large number of deliveries or because of their special urgency is appropriate. The parties have to ensure that the respective State of the art measures to ensure data protection and data security are taken to ensure in particular the confidentiality and integrity of the data; in the case of the use of accessible networks are the respective State of the art encryption methods to be applied.
(2) article 10 par. 2 of the German Federal Data Protection Act for the definition to set up an automated retrieval procedure shall apply accordingly. This requires the consent of each responsible for the storing and retrieving point federal and land ministries. The filing office shall send the stipulations of the body that is responsible for the control of compliance with the rules on data protection in public places.
(3) responsibility for the admissibility of each retrieval wears the receiver. The storing place the admissibility of views only checks to see if there is reason to. The recording authority has to ensure that the transmission of personal data can be found and verified at least by appropriate sampling procedures. She should log on each tenth fetch at least the time, fetched data, the retrieve site ID, and the file number of the recipient. The log data may be used only for checking the admissibility of polls and to delete after twelve months.

Personal data in files section 489 (1) be correct if they are inaccurate.
(2) you are to delete, if their storage is inadmissible or occasion an individual processing is that the knowledge of the data for the purposes described in the sections 483, 484, 485 respectively is no longer required. There are also 1 after paragraph 483 delete stored data with the completion of the procedure, as far as their storage not according to §§ 484, 485 is allowed, 2. According to § 484 stored data, unless the test according to paragraph 4 stated that the knowledge of the data for the purpose referred to in § 484 is no longer required and their storage not pursuant to § 485 is allowed, 3. pursuant to § 485 stored data , as soon as their storage of task management is no longer required.
(3) the registration at the public prosecutor's Office considered execution of the procedure or, if the public case has been presented in court. Is a punishment or a sanction other arranged been, the degree of enforcement or the decree is decisive. The proceedings will be discontinued and prevents the setting isn't recovery of track so to look at the procedure commencement of the limitation period as done.
(4) the storing place checks after set periods according to § 484 stored data to delete. The 1 accused, which at the time had completed their eighteenth year fact, ten years, 2nd youth period 3 in cases of final acquittal, the unquestionable rejection of the opening of the main proceedings and adjusting three years, 4 persons stored according to article 484, paragraph 1, which were not strafmündig to the time of the crime, not only provisional procedures two years five years.
(5) the storing place can set the construction arrangement according to § 490 shorter test periods.
(6) are stored the data on a person for another procedure in the file, the deletion stops, until the deletion criteria exist for all entries. Paragraph 2 sentence 1 shall remain unaffected.
(7) at the point of a deletion, blocking occurs as far as 1 reason to believe is that worth protecting interests of the person concerned would be affected, 2. the data needed for ongoing research or 3 a delete due to the special nature of storage not or only at disproportionate time and effort is possible.
Personal data is also to deny, unless they are stored only for purposes of data protection or privacy control. Locked data may be used only for the purpose for which the deletion is there have been no. You may also be used as far as this is necessary to resolve an existing proof emergency.
(8) the recording authority finds that incorrect, to delete or to block personal data have been transmitted, the correction is the receiver, let erasure or blocking, when this is necessary to safeguard protection worthy interests of the person concerned.
(9) instead of the deletion of the data, the disk to a State archive are to give, as far as special archive regulations provide for this.

§ 490 the storing place for any automated file in a construction arrangement at least sets: 1 the name of the file, 2. the legal basis and the purpose of the file, 3. the Group of people, over processed the data in the file, 4. the type of data to be processed, 5. the delivery or input of the data to be processed, 6 under the conditions, where in the file processed data receiver and in what procedure , 7 inspection periods and duration of storage.
This does not apply to files that are only temporarily stored and deleted three months after they are created.

Article 491 (1) is concerned, as far as the granting or refusal of information under this Act is not regulated to provide information according to section 19 of the Federal Data Protection Act. Information on proceedings where the proceedings at the public prosecutor's Office at the time of application of the information is not more than six months, is not granted. The public prosecutor can extend the period of the set of 2 up to 24 months if a need for secrecy persists because of the difficulty or the scope of the investigation in the case. The Attorney General, in proceedings of the General Federal Prosecutor's Office of the Attorney General shall decide on a further extension of the deadline. The decisions pursuant to sentences 3 and 4 and the reasons for this must be documented. The applicant is regardless of whether or not led proceedings against him, pointing to the scheme in sentences 2 to 5.
(2) the person concerned a common file not in a position to determine the storage place is so he can contact each participating store-authorised body. It decides on issuing a report in agreement with the authority, which has entered the data.
Third section international staatsanwaltschaftliches proceedings register section 492 (1) the Federal Office of Justice (authority) leads a central register of staatsanwaltschaftliches procedures.
(2) in the register of the personal data of the accused are 1st and, where necessary, other characteristics suitable for identification, 2. the competent authority and the file number, 3. the further designation of the crimes, particularly the alleged, the crime scenes and the amount of any damage, 4. the charges by specifying the statutory provisions, the initiation of the proceeding, as well as the procedure out of the public prosecutor's Office and Court in addition to specifying the legal requirements to enter 5. The data may be stored only for criminal proceedings and changed.
(3) who share public prosecutor's offices to be entered data of the register authority which in paragraph 2 sentence 2 mentioned purpose with. Information from the register of proceedings may be granted only to law enforcement for purposes of criminal proceedings. Section 5, paragraph 5, sentence 1 number 2 of the Explosives Act No. 2 of the Firearms Act and § 8a, paragraph 5, sentence 1 remain unaffected; the information about the registration is granted insofar in agreement with the public prosecutor's Office, which has communicated the personal data to be registered in the register of the proceedings, if this is a threat to the purpose of the investigation not to get.
(4) in paragraph 2 sentence 1 No. 1 and 2 mentioned data may in accordance with § 18 para 3 of the Federal Verfassungsschutz Act, also in conjunction with section 10 para 2 of the law on the military Abschirmdienst and § 8 section 3 of the Act on the Federal Intelligence Service, at the request also to the constitutional authorities of the Federal and State Governments, the Office of the military Abschirmdienst and the federal intelligence service transmitted. § 18 par. 5 sentence 2 of the Federal Verfassungsschutz Act shall apply mutatis mutandis.
(4a) can the register authority not clearly assign a message or a request for a record, delivers them to the applicant for the identification of records to people with similar personal data. After successful identification, the applicant has all the data that is not related to the persons concerned, to delete immediately. All transmitted data are an identification is not possible, delete. Under the Ordinance pursuant to § 494, para. 4, the number of records that can be submitted on the basis of a call shall be limited to the amount necessary for identification.
(5) the admissibility of the communication is responsible for the recipient. The register authority checks only the admissibility of the communication for special occasion this is.
(6) the data may be used without prejudice to paragraph 3 sentence 3 and paragraph 4 only in criminal proceedings.

§ 493 (1) the transmission of data is done through an automated retrieval procedure or an automated inquiry and information procedure, in the event of a failure of remote data transmission or exceptional urgency by telephone or by facsimile. The parties have to ensure that the respective State of the art measures to ensure data protection and data security are taken to ensure in particular the confidentiality and integrity of the data; in the case of the use of accessible networks are the respective State of the art encryption methods to be applied.
(2) for the provisions on establishing an automated retrieval procedure article 10 par. 2 of the German Federal Data Protection Act applies. The authority shall send the provisions of the Federal Commissioner for data protection.
(3) responsibility for the admissibility of each automated retrieval wears the receiver. The register authority shall examine the admissibility of views only if there is reason to. She has at least the time to log the fetched data, the retrieve site ID and the file number of the recipient in each tenth retrieval. The log data may be used only for checking the admissibility of polls and to delete after six months.
(4) the provisions of paragraphs 2 and 3 apply to the automated inquiry and procedures accordingly.

§ 494 (1) that is the data correct, if they are incorrect. The competent authority shall inform the incorrectness of the authority; the responsibility for the accuracy and the timeliness of the data.
(2) the data is to delete, 1 if their storage is inadmissible or 2nd as soon as results from the federal Central Register, that in criminal proceedings, from which the data have been transmitted, one happened to notifiable judicial decision or disposition of the public prosecutor's Office according to article 20 of the federal Central Register Act.
Is legally acquitted the accused, rejected the main proceedings against him unassailable, or the proceedings not only provisionally closed, so the data is two years after the completion of the process to delete, unless another procedure for registration in the register of the proceedings is communicated before the cancellation deadline. In this case, the data remain stored until the deletion criteria exist for all entries. The Prosecutor shall inform the authority the entry of the deletion requirements or the beginning of the deletion period pursuant to sentence 2.
(3) paragraph 7 and 8 shall apply mutatis mutandis § 489.
(4) the Federal Ministry of Justice determined by decree with the consent of the Federal Council the modalities, in particular 1 the type of the data to be processed, 2. the delivery of the data to be processed, 3. the conditions under which the file processed data receiver and transmitted in any proceedings, 4. the establishment of automated retrieval procedure, 5. the technical and organisational measures necessary according to § 9 of the Federal Data Protection Act.

§ 495 is the data subject according to section 19 of the Federal Data Protection Act to provide information from the register of the proceedings; § 491 para 1 sentence 2 to 6 shall apply accordingly. The registry authority in agreement decides on the granting of information with the public prosecutor's Office, which has communicated the personal data to be registered in the register of the proceedings. As far as a source of information from the register of proceedings to a public authority has been granted and the person concerned by this point sought information about the data so collected, this place in the agreement decides on this with the public prosecutor's Office, which has communicated the personal data to be registered in the register of the proceedings.

Annex EV excerpt from EinigVtr annex I Chapter III functional area A, sections III and IV (BGBl. II, 1990, 889, 933, 940) section III - requirements for the joined area (article 3 EinigVtr) - section IV - Special rules for the State of Berlin - section III federal law enters into force... subject to the special arrangements for the State of Berlin in section IV in the area referred to in article 3 of the Treaty, with the following stipulations :
...
14 code of criminal procedure as amended by the notice of 7 April 1987 (BGBl. I p. 1074, 1319), last amended by article 12 paragraph 1 of the law of 9 July 1990 (BGBl. I p. 1354), with the following stipulations: a) c) (no longer applicable) d) the enforcement of a legal consequence from a decision of a criminal court of the German Democratic Republic is allowed, unless it is determined by a court , that the conviction with constitutional standards is not compatible or that kind or amount of the legal consequences are not appropriate according to constitutional principles or contrary to the purpose of a federal law. It can also be noted that the legal consequence in a milder sort of consequences is to be enforced. The application on finding can be made from the sentenced person or of the Prosecutor. The application is inadmissible, if a cassation procedure or a rehabilitation process has been completed or a rehabilitation process can still be performed. On the application, the Court decides that under the Criminal Rehabilitation Act of 29 October 1992, (Federal Law Gazette I p. 1814) would be responsible for the rehabilitation. Section 458, paragraph 3, sentence 1 and § 462, para 1, sentence 1 and paragraph 2 shall apply mutatis mutandis. The decision is not subject to appeal. The suspension or interruption of enforcement can be arranged by the public prosecutor's Office.
e) (no longer apply) f) (no longer applicable) g) & h) (not applicable) i) and (j) no longer apply) k) (no longer applicable)...
28 (no longer applicable) section IV...
3. for the following in section III called legislation in the State of Berlin the following special features:... e) (no longer applicable)... j) (no longer applicable)...

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