Law on compensation for law enforcement measures (StrEG)

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StrEG

Date of completion: 08.03.1971

Full quote:

" Law on compensation for law enforcement measures of 8 March 1971 (BGBl. 157), as last amended by Article 22 of the Law of 8 December 2010 (BGBl). I p. 1864).

Status:

Last amended by Art. 22 G v. 8.12.2010 I 1864

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1975 + + +) 

  

The G shall enter into the territory referred to in Article 3 of the Agreement on the integration of the territory. Annex I Sachg. C Sect. III No 6 EinigVtr iVm Art. 1 G v. 23.9.1990 II 885, 959 with the following conditions in force:
§ § 16, 18 and 19 shall not apply.
The measures are in accordance with. § 1 (1) (3) (b) DBuchst. dd G v. 19.4.2006 I 866, 891 (BMJMeasure Tax BerG) mWv 25.4.2006 no longer to be applied. Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

§ 1 Compensation for judgment

(1) Anyone who has suffered damage by a criminal conviction shall be compensated from the treasury, if the conviction in the retrial or otherwise, after having become final, continues in a criminal proceedings (2) Paragraph 1 shall apply mutatily if, without conviction, a measure of improvement and security or a secondary order has been ordered. Unofficial table of contents

§ 2 Compensation for other law enforcement measures

(1) Anyone who has suffered damage through the execution of the remand custody or any other law enforcement measure shall be compensated from the treasury as far as he is acquitted or the proceedings against him are terminated or to the extent that the court the opening of the main proceedings against him. (2) Other law enforcement measures are

1.

the provisional accommodation and the accommodation for observation in accordance with the provisions of the Code of Criminal Procedure and the Law on Juvenile Justice,

2.

the provisional arrest in accordance with Section 127 (2) of the Code of Criminal Procedure,

3.

measures taken by the judge who suspends the execution of the arrest warrant (Section 116 of the Criminal Procedure Code),

4.

the seizure, seizure, arrest in accordance with § § 111d and 111o of the Code of Criminal Procedure, as well as the seizure of assets pursuant to § 111p of the Code of Criminal Procedure and the search, insofar as the compensation is not regulated in other laws,

5.

the provisional withdrawal of driving licences;

6.

the temporary ban on the profession.

(3) As law enforcement measures within the meaning of this provision, the extradition detention, the provisional extradition detention, the freezing, the seizure and the search, which have been ordered abroad at the request of a German authority, shall apply. . Unofficial table of contents

§ 3 Compensation in the case of recruitment according to the discretionary rule

If the procedure is terminated in accordance with a provision which allows the court or the public prosecutor to exercise its discretion, compensation may be granted in respect of the prosecution measures referred to in § 2, in so far as this is in accordance with the circumstances of the case. of the case of equity. Unofficial table of contents

§ 4 Compensation according to equity

(1) In the case of the prosecution measures referred to in § 2, compensation may be granted to the extent that this corresponds in the circumstances of the case to the equity,

1.

if the court has not been punished,

2.

in so far as the legal consequences of criminal conviction are less than the law enforcement measures directed to it.

(2) The criminal conviction within the meaning of paragraph 1 (2) shall be the same if, after the criminal proceedings have been initiated, the offence is punishable only from the legal point of view of an administrative offence. Unofficial table of contents

§ 5 Exclusion of compensation

(1) The compensation shall be excluded

1.

for the pre-trial detention, another deprivation of liberty and for the provisional withdrawal of the driving licence, in so far as their offsetting is not applicable to the penalty imposed,

2.

for a deprivation of liberty, if a detention order of liberty of improvement and security has been ordered or has not been ordered from such an order only because the purpose of the measure has already been achieved by deprivation of liberty,

3.

for the provisional withdrawal of the driving licence and the temporary ban on the profession, if the withdrawal of the driving licence or the prohibition of the profession has been definitively disposed of or has not been subject to such an order, because the conditions for the withdrawal of the driving licence or the prohibition of the prohibition of driving licences are not fulfilled were no longer available,

4.

for the seizure and the arrest (§ § 111b to 111d of the Code of Criminal Procedure), if the decay or confiscation of a matter is ordered or has not been ordered from such an order only because the decay of a case is the fulfillment of a It would have been remedied or diminished, which has grown from the crime to the injured.

(2) The compensation shall also be excluded if and to the extent that the accused caused the prosecution measure intentionally or grossly negligently. The compensation shall not be precluded by the person accused of having limited himself to testify not to the cause, or that he has failed to appeal for an appeal. (3) The compensation shall also be excluded if and to the extent that: the accused has culpably caused the law enforcement action in that he did not comply with a proper summons before the judge or acted contrary to an instruction pursuant to section 116 (1) no. 1 to 3, paragraph 3 of the Criminal Procedure Code . Unofficial table of contents

§ 6 Say of compensation

(1) The compensation may be wholly or partially failed if the accused person

1.

the law enforcement action has led to the fact that he himself has been subject to substantial charges of truthfulness or objection to his subsequent declarations, or has concealed substantial circumstances in which he is responsible, despite the fact that he is responsible for the the accusation, or

2.

in the event of a criminal offence, he or she has not been convicted of or the proceedings against him have been terminated because he has acted in the condition of the insolvency or because there was a procedural obstacle.

(2) The compensation for deprivation of liberty may also be wholly or partly denied if the court applies the rules applicable to a young person and takes into account any deprivation of liberty suffered by it. Unofficial table of contents

Section 7 Scope of the compensation claim

(1) The subject of the compensation shall be the property damage caused by the law enforcement action, in the case of deprivation of liberty on the basis of judicial decision, also the damage which is not property damage. (2) Compensation for Property damage will only be incurred if the proven damage exceeds the amount of twenty-five euros. (3) For the damage that is not property damage, the compensation amounts to 25 euros for each day of the deprivation of liberty. (4) For a damage that has occurred even without the law enforcement action , would not be compensated. Unofficial table of contents

Section 8 Decision of the Criminal Court

(1) The Court of First Instance shall decide on the obligation to pay compensation in the judgment or in the decision which concludes the proceedings. If the decision is not possible in the main hearing, the court, after consulting the parties, shall decide, outside the main proceedings, by decision. (2) The decision must take the form and, where appropriate, the period of time of the proceedings. (3) In the event of the inability of the decision to take the decision, the final decision shall be the immediate appeal after the decision on the compensation obligation. (3) Provisions of the Code of Criminal Procedure shall be admissible. § 464 (3) sentence 2 and 3 of the Code of Criminal Procedure shall be applied accordingly. Unofficial table of contents

§ 9 Procedure after recruitment by the Public Prosecutor's Office

(1) If the Public Prosecutor's Office has ceased the proceedings, the District Court shall decide at the seat of the Public Prosecutor's Office on the obligation to pay compensation. The Court of First Instance, which would have jurisdiction to open the main proceedings, shall take the place of the Local Court if:

1.

the public prosecutor has suspended the proceedings after the public action has been withdrawn,

2.

the Federal Prosecutor General or the Public Prosecutor's Office in the Oberlandesgericht (Oberlandesgericht) set the proceedings in a criminal case for which the Oberlandesgericht (Oberlandesgericht) is responsible for the first legal proceedings.

The decision shall be taken at the request of the defendant. The application shall be submitted within a period of one month after notification of the termination of the procedure. In the notification, the accused person shall be informed of his right to claim, the time limit and the competent court. The provisions of § § 44 to 46 of the Code of Criminal Procedure apply accordingly. (2) The immediate appeal against the decision of the Court of First Instance is admissible under the provisions of the Code of Criminal Procedure. (3) Was the imposition of the public lawsuit by the Court of First Instance. In the case of injured people, the obligation to pay compensation is not to be decided as long as the application for a court decision can be used to bring about the collection of the public action. Unofficial table of contents

§ 10 Registration of the claim, deadline

(1) If the liability obligation of the State Treasury is legally established, the right to compensation shall be asserted within six months with the Public Prosecutor's Office, which has recently conducted the investigation in the first legal proceedings. The right shall be excluded if the beneficiary has failed culpably to submit it within the time limit. The Public Prosecutor's Office has to inform the person entitled to the application of his application and the deadline. The deadline shall begin with the delivery of the instruction. (2) The Land Justice Department shall decide on the application. A copy of the decision shall be sent to the applicant in accordance with the provisions of the Civil Procedure Code. Unofficial table of contents

§ 11 Replacement of the power of the law dependants

(1) Except in the case of the person in favour of which the State Treasury's obligation to indemnity has been pronounced, the persons to whom he was subject to the law have the right to compensation. The public prosecutor's office, in which the claim is to be made, shall be deemed to have been deprived of the compensation by the law enforcement measure. (2) If dependants are known to be dependent, the prosecutor's office shall be informed of the claim. Application law and the deadline. In addition, Section 10 (1) shall apply. Unofficial table of contents

§ 12 Exclusion of the assertion of compensation

The right to compensation can no longer be asserted if a year has elapsed since the day on which the obligation to provide compensation has been legally established, without a request having been made pursuant to section 10 (1). Unofficial table of contents

§ 13 Legal Way, Restriction of Transferability

(1) The right of appeal against the decision on the claim for compensation is given. The action shall be taken within three months of the date of notification of the decision. The civil chambers of the county courts are exclusively responsible for the claims for compensation without regard to the value of the object of the dispute. (2) The claim is not transferable until the final decision on the claim is final. Unofficial table of contents

§ 14 Penal Prosecution

(1) The decision on the obligation to pay compensation shall come out of force if, in the favour of the acquitted, the resumption of the proceedings is ordered or if the person entitled to the proceedings against which the proceedings had been terminated or against whom the proceedings have been brought against him or her The Court had rejected the opening of the main proceedings and the main proceedings were subsequently opened for the same action. Any compensation that has already been paid may be reclaimed. (2) If the acquitted person is entitled to retake, or against the person against whom the proceedings have been terminated, or against whom the court has opened the proceedings, the Court of First Instance may request that the Court of First Instance be entitled to of the main proceedings, the investigation or the investigation has been resumed, and the decision on the claim and the payment of the compensation may be suspended. Unofficial table of contents

§ 15 Replacement Checkout

(1) A substitute is the country in whose court the criminal proceedings were pending in the first legal suit or, if the proceedings were not pending before the court, whose court decided on the obligation to pay compensation in accordance with Article 9 (1). (2) Until The amount of the compensation paid shall be paid to the State Treasury, which shall be entitled to the compensation against third parties, because the law enforcement action had been brought about by the unlawful acts of that person. The transition cannot be claimed to the detriment of the beneficiary. Unofficial table of contents

Section 16 Transitional provisions

If, before the entry into force of this Act, the proceedings have been terminated or the accused has been suspended or the main hearing in which the actual decision on the obligation to pay is based on the actual It was possible to review the findings before that date, so that the rules to date are to be applied. This does not apply to the limits on the maximum amounts contained therein. If, on the date of the entry into force of this Act, the amount of the claim for compensation has already been determined by a court or out of court, it shall be subject to the law. This shall not apply to recurring services, to the extent that they become due after the entry into force of this Act. Unofficial table of contents

§ 16a Compensation for the consequences of a final conviction, a deprivation of freedom or other provisional law enforcement measures in the German Democratic Republic

§ § 1 and 2 shall not apply to the consequences of a criminal conviction, a measure or a secondary order, or a deprivation or other provisional law enforcement measure which is before the effective date of accession in the The German Democratic Republic has been or has been ordered. The conditions for compensation for these consequences shall be governed by the provisions on compensation for custody and penalties with deprivation of liberty in force up to this date in the German Democratic Republic (§ § 369ff. the Code of Criminal Procedure of the German Democratic Republic), unless a rehabilitation is carried out in accordance with the Criminal Law Rehabilitation Act or a cassation procedure is carried out in accordance with the provisions of the 3. It was concluded in October 1990 pending the entry into force of the Criminal Law Rehabilitation Act. For the type and amount of compensation, the provisions of the Criminal Law Rehabilitation Act apply accordingly. Unofficial table of contents

§ 17 (omitted)

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§ § 18 and 19 (omitted)

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§ 20 (omitted)

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§ 21 (omitted)

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