Atonement attempt; application

In the case of certain minor offenses that generally have little impact on the general public (so-called private prosecution offenses, e.g. insult, damage to property), public prosecution is only brought by the public prosecutor's office if this is in the public interest. If the prosecution is not taken over by the public prosecutor's office, the injured party can bring a private action against the accused. In certain cases, however, a private action may only be brought after an unsuccessful attempt at atonement has been made before the municipality.

In the case of the offenses of trespassing, insult, violation of the secrecy of correspondence, (intentional or negligent) bodily harm, threats and damage to property, a private prosecution may only be brought before the district court if an attempt at atonement has previously been made without success. The same applies if one of the aforementioned offenses is committed while intoxicated and thus constitutes an offense of intoxication pursuant to Section 323a of the German Criminal Code.

The municipality in whose area both parties live is responsible for conducting the attempt at atonement. If the parties live in different municipalities, the attempt at atonement is not required.

• §§ Sections 374 - 394 of the Code of Criminal Procedure (StPO)
• Art. 49 Act on the Implementation of the Judicial Constitution Act and Federal Procedural Laws (AGGVG)

  Implementation of § 380 of the Code of Criminal Procedure

• Ordinance on Attempted Expiation in Private Lawsuits

At the request of the person entitled to bring a private action, the municipal office responsible for conducting the attempt at atonement shall schedule the atonement hearing.

The parties may be represented by a lawyer or another authorized representative (however, there is no obligation to be represented by a lawyer).

The competent authority of the municipality shall work towards reconciliation between the parties.

If the attempt at atonement is unsuccessful, the applicant will be issued with a certificate.

The applicant can then bring a private action before the competent local court.