| Criminal Procedure Code (Strafprozeßordnung, StPO) |
In the version published on 7 April 1987 (Bundesgesetzblatt (Federal Law Gazette) I, page 1074, as corrected on page 1319) As amended by the Acts of 22 October 1987 (Federal Law Gazette I, page 2294), 17 May 1988 (Federal Law Gazette I, page 606), 8 June 1989 (Federal Law Gazette I, page 1026), 9 June 1989 (Federal Law Gazette I, page 1059), 15 June 1989 (Federal Law Gazette I, page 1082), 7 March 1990 (Federal Law Gazette I, page 422), 9 July 1990 (Federal Law Gazette I, page 1354), with provisions concerning the territory of the former German Democratic Republic pursuant to Annex I, Chapter III, Subject Area A, Section III, No. 14 and Section IV, No. 3 e) of the Unification Treaty of 31 August 1990 (Federal Law Gazette II, page 889), and the Laws of 12 September 1990 (Federal Law Gazette I, page 2002), 5 November 1990 (Federal Law Gazette I, page 2428), 17 December 1990 (Federal Law Gazette I, page 2847), 28 February 1992 (Federal Law Gazette I, page 372), 14 July 1992 (Federal Law Gazette I, page 1255), 15 July 1992 (Federal Law Gazette I, page 1302), 23 July 1992 (Federal Law Gazette I, page 1366), 27 July 1992 (Federal Law Gazette I, page 1398), 11 January 1993 (Federal Law Gazette I, page 50), 2 August 1993 (Federal Law Gazette I, page 1407, 1994 I 342), 24 June 1994 (Federal Law Gazette I, page 1325), 27 June 1994 (Federal Law Gazette I, page 1440), 14 September 1994 (Federal Law Gazette I, page 2325), 10 October 1994 (Federal Law Gazette I, page 2954), 25 October 1994 (Federal Law Gazette I, page 3082), 28 October 1994 (Federal Law Gazette I, page 3186), 4 November 1994 (Federal Law Gazette I, page 3346), 21 August 1995 (Federal Law Gazette I, page 1050), 19 July 1996 (Federal Law Gazette I, page 1014), 17 March 1997 (Federal Law Gazette I, page 534) and 1 July 1997 (Federal Law Gazette I, page 1606) 17 July 1997 (Federal Law Gazette I, page 1822), 13 August 1997 (Federal Law Gazette I, page 2038), 17 December 1997 (Federal Law Gazette I, page 3039), 17 December 1997 (Federal Law Gazette I, page 3108), 26 January 1998 (Federal Law Gazette I, page 160), 26 January 1998 (Federal Law Gazette I, page 164), 24 April 1998 (Federal Law Gazette I, page 747), 30 April 1998 (Federal Law Gazette I, page 820), 4 May 1998 (Federal Law Gazette I, page 845), 16 June 1998 (Federal Law Gazette I, page 1311), 9 July 1998 (Federal Law Gazette I, page 1802), the Act of 7 September 1998 (Federal Law Gazette I, page 2646)
Translation provided by the Federal Ministry of Justice and reproduced with kind permission.
Table of Contents
Part One, General Provisions
Chapter I Substantive Jurisdiction of The Courts
Section 1. [Substantive Jurisdiction]
Section 2. [Joinder and Severance of Connected Cases]
Section 3. [Definition of Connection]
Section 4. [Subsequent Joinder or Severance]
Section 5. [Jurisdiction over Connected Cases]
Section 6. [Examination Proprio Motu]
Section 6a. [Jurisdiction of Particular Penal Chambers]Chapter II Venue
Section 7. [Place of the Commission of the Act]
Section 8. [Domicile, Place of Residence]
Section 9. [Place of Apprehension]
Section 10. [Home Port]
Section 10a. [Environmental Criminal Offenses]
Section 11. [German Officials Abroad]
Section 12. [Concurrence of More than One Venue]
Section 13. [Venue for Connected Cases]
Section 13a. [Determination of the Competent Court by the Federal Court of Justice]
Section 14. [Dispute regarding Jurisdiction]
Section 15. [Impediment of the Competent Court]
Section 16. [Objection of Lack of Jurisdiction]
Section 17. Deleted
Section 18. Deleted
Section 19. [Dispute regarding Lack of Jurisdiction]
Section 20. [Individual Acts of a Court Lacking Jurisdiction]
Section 21. [Exigent Circumstances]Chapter III Exclusion and Challenge of Court Personnel
Section 22. [Disqualification of a Judge]
Section 23. [Disqualification of Judges Who Participated in Previous Proceedings]
Section 24. [Challenge of a Judge]
Section 25. [Final Date for Challenge]
Section 26. [Procedure concerning Challenge]
Section 26a. [Inadmissible Challenge]
Section 27. [Decision on the Challenge]
Section 28. [Appellate Remedy]
Section 29. [Non-deferable Acts of the Challenged Person]
Section 30. [Self-disqualification; Ex Officio Challenge]
Section 31. [Lay Judges and Registry Clerks]
Section 32. DeletedChapter IV Court Decisions and Their Notification
Section 33. [Hearing the Participants]
Section 33a. [Subsequent Hearing]
Section 34. [Reasons for the Decision]
Section 34a. [Entry into Force by virtue of an Order]
Section 35. [Notification of the Decision]
Section 35a. [Instructions on Appellate Remedy]
Section 36. [Service and Execution of Decisions]
Section 37. [Procedure concerning Service]
Section 38. [Direct Summons]
Section 39. Deleted
Section 40. [Service by Publication]
Section 41. [Service on the Public Prosecution Office]Chapter V Time Limits and Restoration of the Status Quo Ante
Section 42. [Time Limits Determined in Days]
Section 43. [Time Limits Determined in Weeks and Months]
Section 44. [Restoration of the Status Quo Ante]
Section 45. [Application for Restoration of the Status Quo Ante]
Section 46. [Decision and Appellate Remedy]
Section 47. [No Suspension of Execution]Chapter VI Witnesses
Section 48. [Summons of Witnesses]
Section 49. [Examination of the Federal President]
Section 50. [Examination of Members of Parliament or Government Ministers]
Section 51. [Consequences of Non-Appearance]
Section 52. [Right to Refuse Testimony on Personal Grounds]
Section 53. [Right to Refuse Testimony on Professional Grounds]
Section 53a. [Right of Professional Assistants to Refuse Testimony]
Section 54. [Authorization for Judges and Officials to Testify]
Section 55. [Refusal of Information]
Section 56. [Substantiation of the Grounds for Refusal to Testify]
Section 57. [Instruction regarding Oath]
Section 58. [Examination; Confrontation]
Section 58a. [Examination by Audio-Visual Medium]
Section 59. [Oath]
Section 60. [Prohibition of Oath]
Section 61. [Dispensing with the Oath]
Section 62. [Oath in Proceedings for Petty Offenses]
Section 63. [Privilege of Refusing to Take the Oath]
Section 64. [Recording Reason for not Administering an Oath]
Section 65. [Oath in Preparatory Proceedings]
Section 66. Deleted
Section 66a. [Recording Reason for Administering an Oath]
Section 66b. [Oath on Examination by Commission]
Section 66c. [Form of Oath]
Section 66d. [Affirmation Equivalent to an Oath]
Section 66e. [Form of Oath for Mute Witnesses]
Section 67. [Reliance on the Prior Oath]
Section 68. [Examination as to Witness' Identity and Personal Particulars]
Section 68a. [Questions concerning Degrading Facts and Previous Convictions]
Section 68b. [Assignment of an Attorney-at-Law]
Section 69. [Examination as to Subject Matter]
Section 70. [Refusal without Reason to Testify or Take the Oath]
Section 71. [Witness' Expenses]Chapter VII Experts and Inspection
Section 72. [Application of Provisions concerning Witnesses]
Section 73. [Selection of Experts]
Section 74. [Challenge]
Section 75. [Duty to Render Opinion]
Section 76. [Privilege to Refuse to Render Opinion]
Section 77. [Consequences of Non-Appearance or Refusal]
Section 78. [Judicial Direction]
Section 79. [Oath Administered to an Expert]
Section 80. [Preparation of an Opinion]
Section 80a. [Consultations During the Preparatory Proceedings]
Section 81. [Committal for Observation of the Accused]
Section 81a. [Physical Examination; Blood Test]
Section 81b. [Photographs and Fingerprints]
Section 81c. [Examination of Other Persons]
Section 81d. [Physical Examination of Women]
Section 81e. [Molecular and Genetic Examinations]
Section 81f. [Ordering and Carrying Out Molecular and Genetic Examinations]
Section 81g. [DNA Analysis]
Section 82. [Rendering Opinion in Preliminary Proceedings]
Section 83. [Rendering a New Opinion]
Section 84. [Fees for Experts]
Section 85. [Expert Witnesses]
Section 86. [Judicial Inspection]
Section 87. [Post Mortem Examination; Autopsy]
Section 88. [Identification]
Section 89. [Extent of Autopsies]
Section 90. [Autopsies of New-born Children]
Section 91. [Suspected Poisoning]
Section 92. [Opinions in Counterfeiting Cases]
Section 93. [Comparison of Handwriting]Chapter VIII Seizure, Interception of Telecommunications, Computer-assisted Search, Use of Technical Devices, Use of Undercover Investigators and Search
Section 94. [Objects Which May Be Seized]
Section 95. [Obligation to Surrender]
Section 96. [Official Documents]
Section 97. [Objects Not Subject to Seizure]
Section 98. [Order of Seizure]
Section 98a. [Automated Comparison and Transmission of Personal Data]
Section 98b. [Competence. Return and Deletion of Data]
Section 98c. [Comparison of Data to Clear Up a Criminal Offense]
Section 99. [Seizure of Mail]
Section 100. [Jurisdiction]
Section 100a. [Conditions regarding Interception of Telecommunications]
Section 100b. [Order to Intercept Telecommunications]
Section 100c. [Measures Implemented Without the Knowledge of the Person Concerned]
Section 100d. [Jurisdiction]
Section 100e. [Duty to Report]
Section 100f. [Use of Personal Data]
Section 101. [Notification]
Section 102. [Search in Respect of the Suspect]
Section 103. [Searches in Respect of Other Persons]
Section 104. [Searches During the Night]
Section 105. [Search Order; Execution]
Section 106. [Calling in the Occupant]
Section 107. [Notification; Inventory]
Section 108. [Seizure of Other Objects]
Section 109. [Marking Seized Objects]
Section 110. [Examination of Papers]
Section 110a. [Undercover investigators]
Section 110b. [Consent of the Public Prosecution Office; Consent of the Judge; Non-Disclosure of Identity]
Section 110c. [Entering Private Premises]
Section 110d. [Notification]
Section 110e. [Use of Information Obtained]
Section 111. [Road Traffic Controls]
Section 111a. [Provisional Withdrawal of Permission to Drive]
Section 111b. [Securing of Objects]
Section 111c. [Securing Seizure]
Section 111d. [Attachment for Equivalent Value; Fine or Costs]
Section 111e. [Order for Seizure or Attachment]
Section 111f. [Effecting Seizure and Enforcing Attachment]
Section 111g. [Compulsory Execution; Enforcement of Attachment by the Aggrieved Person]
Section 111h. [Prior Satisfaction of Claims of the Aggrieved Person on Attachment]
Section 111i. [Maintenance of Seizure]
Section 111k. [Return of Movable Assets to the Aggrieved Person]
Section 111l. [Emergency Sale]
Section 111m. [Writings and Printing Devices]
Section 111n. [Seizure Order; Time Restriction]
Section 111o. [Attachment in Rem for a Property Fine]
Section 111p. [Seizure of Property]Chapter IX Arrest and Provisional Apprehension
Section 112. [Admissibility of Remand Detention; Grounds for Arrest]
Section 112a. [Further Grounds for Arrest]
Section 113. [Prerequisites Applicable to Less Serious Offenses]
Section 114. [Warrant of Arrest]
Section 114a. [Notification of Accused]
Section 114b. [Notification of Relatives]
Section 115. [Examination by a Judge]
Section 115a. [Examination by the Judge of the Nearest Local Court]
Section 116. [Suspension of Execution of the Warrant of Arrest]
Section 116a. [Suspension on Bail]
Section 117. [Review of Detention]
Section 118. [Oral Hearing]
Section 118a. [Conducting the Oral Hearing]
Section 118b. [Persons Entitled to File Applications]
Section 119. [Serving Remand Detention]
Section 120. [Revocation of the Warrant of Arrest]
Section 121. [Remand Detention Exceeding Six Months]
Section 122. [Special Review of Detention by the Higher Regional Court]
Section 122a. [Maximum Detention Period Pursuant to Article 112a]
Section 123. [Revoking Less Incisive Measures]
Section 124. [Forfeiture of Security]
Section 125. [Competence for Issuing the Arrest Warrant]
Section 126. [Competence for Subsequent Decisions]
Section 126a. [Provisional Committal]
Section 127. [Provisional Arrest]
Section 127a. [Dispensing with Arrest]
Section 127b. [Arrest in Connection with the Main Hearing]
Section 128. [Appearance Before the Judge]
Section 129. [Appearance After Preferring Public Charges]
Section 130. [Arrest Warrant for Offenses Prosecuted on Application]
Section 131. [Wanted Notice]Chapter IXa Other Measures to Secure Criminal Prosecution And Execution of Sentence
Chapter IXb Provisional Prohibition of Pursuit of an Occupation
Chapter X Examination of The Accused
Section 133. [Written Summons]
Section 134. [Bringing the Accused Before the Court]
Section 135. [Immediate Examination]
Section 136. [First Examination]
Section 136a. [Prohibited Methods of Examination]Chapter XI Defense
Section 137. [Defense Counsel]
Section 138. [Choice of Defense Counsel]
Section 138a. [Exclusion of Defense Counsel]
Section 138b. [Exclusion of Defense Counsel for Endangering National Security]
Section 138c. [Procedure for Excluding Defense Counsel]
Section 138d. [Oral Hearing; Immediate Complaint]
Section 139. [Trainee Jurist as Defense Counsel]
Section 140. [Mandatory Defense]
Section 141. [Appointment of Defense Counsel]
Section 142. [Choice of Defense Counsel]
Section 143. [Revocation of appointment]
Section 144. Deleted
Section 145. [Absence of Defense Counsel]
Section 145a. [Service of Documents on Defense Counsel]
Section 146. [Joint Defense Counsel]
Section 146a. [Rejection of Defense Counsel of the Accused's Own Choice]
Section 147. [Inspection of the Files]
Section 148. [Defense Counsel-Client Communication]
Section 148a. [Implementing Monitoring Measures]
Section 149. [Admission of Assistance]
Section 150. Deleted
Part Two Proceedings at First Instance
Chapter I Public Charges
Section 151. [Principle of Indictment]
Section 152. [Indicting Authority; Principle of Mandatory Prosecution]
Section 152a. [Prosecution of Elected Public Representatives]
Section 153. [Non-Prosecution of Petty Offenses]
Section 153a. [Provisional Dispensing with Court Action; Provisional Termination of Proceedings]
Section 153b. [Dispensing with Court Action; Termination]
Section 153c. [Non-Prosecution of Offenses Committed Abroad]
Section 153d. [Dispensing with Court Action on Political Grounds]
Section 153e. [Dispensing with Court Action in National Security Cases]
Section 154. [Insignificant Secondary Penalties]
Section 154a. [Limitation of Prosecution]
Section 154b. [Extradition and Expulsion]
Section 154c. [Victim of Coercion or Extortion]
Section 154d. [Decision of a Prior Issue Involving Civil Law or Administrative Law]
Section 154e. [Criminal or Disciplinary Proceedings concerning Erroneous Suspicion or Insult]
Section 155. [Scope of the Investigation]
Section 156. [No Withdrawal of the Indictment]
Section 157. [Definition of the Terms "Indicted Accused" and "Defendant"]Chapter II Preparation of The Public Charges
Section 158. [Criminal Informations; Applications for Prosecution]
Section 159. [Unnatural Death; Discovery of a Corpse]
Section 160. [Investigation Proceedings]
Section 161. [Information and Investigations]
Section 161a. [Witnesses and Experts before the Public Prosecution Office]
Section 162. [Judicial Investigations]
Section 163. [Duties of the Police]
Section 163a. [Examination of the Accused]
Section 163b. [Establishing Identity]
Section 163c. [Duration of Custody. Judicial Review]
Section 163d. [Computer-Assisted Search]
Section 163e. [Police Monitoring Notice]
Section 164. [Apprehension of Persons Disrupting Official Activities]
Section 165. [Judicial Action in an Emergency]
Section 166. [Applications by the Accused to Obtain Evidence]
Section 167. [Further Directions by the Public Prosecution Office]
Section 168. [Recording Clerk]
Section 168a. [Recording of Judicial Investigatory Acts]
Section 168b. [Recording of Investigatory Acts of the Public Prosecution Office]
Section 168c. [Presence During Judicial Examination]
Section 168d. [Presence During Judicial Inspection]
Section 168e. [Separate Examination]
Section 169. [Investigating Judges of the Higher Regional Courts and the Federal Court of Justice]
Section 169a. [Conclusion of Investigation]
Section 170. [Conclusion of the Investigation Proceedings]
Section 171. [Notification of the Applicant]
Section 172. [Proceeding to Compel Public Charges]
Section 173. [Procedure by the Court]
Section 174. [Dismissal of Application]
Section 175. [Order to Prefer Public Charges]
Section 176. [Furnishing Security]
Section 177. [Costs]Chapter III Deleted
Chapter IV Decision Concerning The Opening of The Main Proceedings
Section 198. Deleted
Section 199. [Decision to Open the Main Proceedings]
Section 200. [Contents of the Bill of Indictment]
Section 201. [Communication of the Bill of Indictment]
Section 202. [Supplementary Investigations]
Section 203. [Condition for Opening Main Proceedings]
Section 204. [Refusal to Open Main Proceedings]
Section 205. [Provisional Termination]
Section 206. [Applications not Binding]
Section 206a. [Termination in the Case of Impediments]
Section 206b. [Termination on Amendment of the Law]
Section 207. [The Order Opening Main Proceedings]
Section 208. Deleted
Section 209. [Competent Court]
Section 209a. [Special Functional Jurisdictions]
Section 210. [Appellate Remedies]
Section 211. [Effect of the Order Refusing to Open Main Proceedings]
Sections 212 to 212b. RepealedChapter V Preparation of The Main Hearing
Section 213. [Setting the Date for the Main Hearing]
Section 214. [Summonses]
Section 215. [Service of the Order Opening the Main Proceedings]
Section 216. [Summoning the Defendant]
Section 217. [Time Limit for Summons]
Section 218. [Summoning Defense Counsel]
Section 219. [Defendant's Applications to Take Evidence]
Section 220. [Summons by the Defendant]
Section 221. [Taking of Evidence Ex Officio]
Section 222. [Naming Witnesses]
Section 222a. [Information as to Composition of the Court]
Section 222b. [Objections concerning Composition of the Court]
Section 223. [Witness Examination on Commission or by Request]
Section 224. [Notification of Participants]
Section 225. [Judicial Inspection on Commission]
Section 225a. [Change of Jurisdiction Prior to the Main Hearing]Chapter VI Main Hearing
Section 226. [Uninterrupted Presence]
Section 227. [More than one Public Prosecutor and Defense Counsel]
Section 228. [Suspension and Interruption]
Section 229. [Maximum Duration of an Interruption]
Section 230. [Failure of the Defendant to Appear]
Section 231. [Defendant's Duty to be Present]
Section 231a. [Unfitness to Stand Trial Caused with Intent]
Section 231b. [Absence because of Disorderly Conduct]
Section 231c. [Absence During Parts of the Proceedings]
Section 232. [Main Hearing Despite the Defendant's Failure to Appear]
Section 233. [Releasing the Defendant from the Duty to Appear]
Section 234. [Representation of Absent Defendant]
Section 234a. [Defense Counsel's Rights of Information and Consent]
Section 235. [Restoration of the Status Quo Ante]
Section 236. [Ordering the Defendant's Personal Appearance]
Section 237. [Joinder of more than one Criminal Case]
Section 238. [Conduct of Hearing]
Section 239. [Cross-Examination]
Section 240. [Right to Ask Questions]
Section 241. [Rejection of Questions]
Section 241a. [Examination of Witnesses under 16 Years of Age]
Section 242. [Doubts concerning Admissibility of Questions]
Section 243. [Course of the Main Hearing]
Section 244. [Taking of Evidence]
Section 245. [Extent of Evidence Taken]
Section 246. [Belated Applications to Take Evidence]
Section 246a. [Medical Expert]
Section 247. [Removal of the Defendant from Courtroom]
Section 247a. [Witness Examination in Another Place]
Section 248. [Dismissal of Witnesses and Experts]
Section 249. [Reading Out Documents]
Section 250. [Principle of Examination in Person]
Section 251. [Reading Out Records]
Section 252. [Improper Reading out of Statement]
Section 253. [Reading out a Statement to Refresh Memory]
Section 254. [Reading out Confessions; Contradictions]
Section 255. [Recording of Statements Read out]
Section 255a. [Showing Audio-Visual Recordings]
Section 256. [Reading out Official and Medical Statements]
Section 257. [Questioning the Defendant, the Public Prosecutor and Defense Counsel]
Section 257a. [Written Form]
Section 258. [Closing Speeches]
Section 259. [Interpreter]
Section 260. [Judgment]
Section 261. [Free Evaluation of Evidence]
Section 262. [Preliminary Civil Law Questions]
Section 263. [Voting]
Section 264. [Subject Matter of the Judgment]
Section 265. [Change in Legal Reference]
Section 265a. [Condition Instructions]
Section 266. [Supplementary Charges]
Section 267. [Reasons for the Judgment]
Section 268. [Pronouncement of the Judgment]
Section 268a. [Probationary Suspension of Sentence; Warning with Sentence Reserved]
Section 268b. [Continuation of Remand Detention]
Section 268c. [Information on a Driving Ban]
Section 269. [Lack of Substantive Jurisdiction]
Section 270. [Referral to a Higher Competent Court]
Section 271. [Record of Proceedings]
Section 272. [Content of the Record]
Section 273. [Additional Contents of the Record]
Section 274. [Probative Value of the Record]
Section 275. [Written Judgment; Official Copy]Chapter VII Proceedings Against Absent Accused
Section 276. [Definition]
Section 277 to 284. Deleted
Section 285. [Securing Evidence]
Section 286. [Defense Counsel]
Section 287. [Notification of the Absent Accused]
Section 288. [Request to Appear]
Section 289. [Reception of Evidence]
Section 290. [Seizure Instead of Warrant of Arrest]
Section 291. [Publication of Seizure Order]
Section 292. [Effect of Publication]
Section 293. [Revocation of Seizure]
Section 294. [Proceedings After Preferment of Charges]
Section 295. [Safe Conduct]
Part Three Appellate Remedies
Chapter I General Provisions
Section 296. [Persons Entitled to Appellate Remedy]
Section 297. [Defense Counsel]
Section 298. [Statutory Representative]
Section 299. [Arrested Accused]
Section 300. [Incorrect Designation]
Section 301. [Public Prosecution Offices' Power of Appellate Remedy]
Section 302. [Withdrawal; Waiver]
Section 303. [Opponent's Consent]Chapter II Complaint
Section 304. [Admissibility]
Section 305. [Inadmissibility]
Section 305a. [Complaint Against Order Suspending Sentence]
Section 306. [Filing; Redress or Submission]
Section 307. [No Obstacle to Enforcement]
Section 308. [Powers of the Court Hearing the Complaint]
Section 309. [Decision]
Section 310. [Further Complaint]
Section 311. [Immediate Complaint]
Section 311a. [Subsequent Hearing of the Opponent]Chapter III Appeal on Points of Fact and Law
Section 312. [Admissibility]
Section 313. [Acceptance of Appeal on Fact and Law]
Section 314. [Form and Time Limit]
Section 315. [Appeal on Fact and Law and Application for Restoration of the Status Quo Ante]
Section 316. [Obstacle to Entry in Force]
Section 317. [Grounds for an Appeal on Fact and Law]
Section 318. [Restriction of Appeal on Fact and Law]
Section 319. [Filing Too Late]
Section 320. [Submitting Files to the Public Prosecution Office]
Section 321. [Transmission of Files to the Court Hearing the Appeal]
Section 322. [Dismissal Without Main Hearing]
Section 322a. [Ruling by the Court Hearing the Appeal]
Section 323. [Preparation of the Main Hearing]
Section 324. [Course of the Main Hearing]
Section 325. [Reading out Documents]
Section 326. [Closing Speeches]
Section 327. [Extent of Review of the Judgment]
Section 328. [Content of the Appellate Decision]
Section 329. [Defendant's Non-Appearance]
Section 330. [Appeal on fact and law by Statutory Representative]
Section 331. [Prohibition of Reformatio in Peius]
Section 332. [Procedural Provisions]Chapter IV Appeal on Points of Law Only
Section 333. [Admissibility]
Section 334. Deleted
Section 335. [Immediate Appeal on Law in lieu of an Appeal on Fact and Law]
Section 336. [Review of Decisions Preceding the Judgment]
Section 337. [Grounds for Appeal on Law]
Section 338. [Absolute Grounds for Appeal on Law]
Section 339. [Legal Norms for the Defendant's Benefit]
Section 340. Deleted
Section 341. [Form and Time Limit]
Section 342. [Appeal on Law and Application for Restoration of the Status Quo Ante]
Section 343. [Obstacle to Entry into Force]
Section 344. [Grounds for an Appeal on Law]
Section 345. [Time Limit for Stating Grounds]
Section 346. [Late and Improper Filing]
Section 347. [Service; Response; Submission of Files]
Section 348. [Lack of Jurisdiction]
Section 349. [Dismissal Without Main Hearing]
Section 350. [Main Hearing]
Section 351. [Course of the Main Hearing]
Section 352. [Extent of Review]
Section 353. [Content of the Appellate Judgment on Law]
Section 354. [Decision on the Merits; Referral to a Lower Court]
Section 354a. [Decision in the Event of Amendment of the Law]
Section 355. [Referral to the Competent Court]
Section 356. [Pronouncement of Judgment]
Section 357. [Effect on Persons Convicted in the Same Proceedings]
Section 358. [Binding Effect on Lower Court; Prohibition of Reformatio in Peius]
Part Four Reopening of Proceedings Concluded by a Final Judgment
Section 359. [Reopening for the Convicted Person's Benefit]
Section 360. [No Obstacle to Execution]
Section 361. [Execution or Death No Bar to Reopening]
Section 362. [Reopening to the Defendant's Detriment]
Section 363. [Inadmissibility]
Section 364. [Allegation of a Criminal Offense]
Section 364a. [Appointment of Defense Counsel]
Section 364b. [Appointment of Defense Counsel to Prepare Proceedings]
Section 365. [General Provisions on the Application]
Section 366. [Content and Form of the Application]
Section 367. [Court Jurisdiction; Procedure]
Section 368. [Dismissal for Inadmissibility]
Section 369. [Taking Evidence]
Section 370. [Decision on Well-Foundedness]
Section 371. [Acquittal With No Main Hearing]
Section 372. [Immediate Complaint]
Section 373. [Judgment After New Main Hearing; No Reformatio in Peius]
Section 373a. [Procedure for a Penal Order]
Part Five Participation of The Aggrieved Person in The Proceedings
Chapter I Private Prosecution
Section 374. [Admissibility; Persons Entitled to Prosecute]
Section 375. [More then One Person Entitled]
Section 376. [Preferring Public Charges]
Section 377. [Participation of the Public Prosecutor; Taking Over the Proceedings]
Section 378. [Assistance and Representation of the Private Prosecutor]
Section 379. [Furnishing Security; Legal Aid]
Section 379a. [Advance for Fees]
Section 380. [Conciliation Attempt]
Section 381. [Preferring the Charges]
Section 382. [Communication of the Charges]
Section 383. [Order Opening the Main Hearing; Dismissal; Termination]
Section 384. [Further Procedure]
Section 385. [Status of the Private Prosecutor; Summonses; Inspection of the Files]
Section 386. [Summoning Witnesses and Experts]
Section 387. [Representation at the Main Hearing]
Section 388. [Countercharges]
Section 389. [Judgment Terminating Proceedings]
Section 390. [Appellate Remedy for Private Prosecutor]
Section 391. [Withdrawal of Charges; Restoration]
Section 392. [Effect of Withdrawal]
Section 393. [Death of the Private Prosecutor]
Section 394. [Notification to the Accused]Chapter II Private Accessory Prosecution
Section 395. [Right to Join as a Private Accessory Prosecutor]
Section 396. [Declaration of Joinder]
Section 397. [Rights of the Private Accessory Prosecutor]
Section 397a. [Appointment of an Attorney-at-law as Counsel]
Section 398. [Procedure]
Section 399. [Notification of Previous Decisions]
Section 400. [Private Accessory Prosecutor's Right to Appellate Remedy]
Section 401. [Appellate Remedy for Private Accessory Prosecutor]
Section 402. [Revocation; Death of Private Accessory Prosecutor]Chapter III Compensation For The Aggrieved Person
Section 403. [Conditions]
Section 404. [Application by the Aggrieved Person]
Section 405. [Dispensing with a Decision]
Section 406. [Decision]
Section 406a. [Appellate Remedy]
Section 406b. [Execution]
Section 406c. [Reopening]Chapter IV Other Rights of The Aggrieved Person
Section 406d. [Notification of the Aggrieved Person]
Section 406e. [Inspection of Files]
Section 406f. [Assistance and Representation of the Aggrieved Person]
Section 406g. [Assistance for an Aggrieved Person Entitled to Private Accessory Prosecution]
Section 406h. [Information as to Rights]
Part Six Special Types of Procedure
Chapter I Procedure For Penal Orders
Section 407. [Admissibility]
Section 408. [Judicial Decisions]
Section 408a. [Application for Penal Order After Opening of the Main Proceedings]
Section 408b. [Appointment of Defense Counsel]
Section 409. [Content of the Penal Order]
Section 410. [Time Limit for Lodging Objections; Entry into Force]
Section 411. [Dismissal for Inadmissibility; Date of Main Hearing]
Section 412. [Non-Appearance of the Defendant]Chapter II Procedure For Preventive Detention
Section 413. [Conditions]
Section 414. [Proceedings]
Section 415. [Main Hearing Without the Accused]
Section 416. [Transition to Criminal Proceedings]Chapter IIa Accelerated Procedure
Section 417. [Application by the Public Prosecution Office]
Section 418. [Main Hearing]
Section 419. [Maximum Sentence; Decision]
Section 420. [Taking of Evidence]
Sections 421 to 429. DeletedChapter III Procedure Concerning Confiscation And Seizure of Property
Section 430. [Waiver of Confiscation]
Section 431. [Participation of Third Persons in Proceedings]
Section 432. [Hearing the Person with an Interest in Confiscation]
Section 433. [Rights and Duties of the Person with an Interest in Confiscation]
Section 434. [Representation by Defense Counsel]
Section 435. [Summons to Main Hearing]
Section 436. [Non-Appearance at the Main Hearing]
Section 437. [Appellate Proceedings]
Section 438. [Confiscation by Penal Order]
Section 439. [Subsequent Proceedings]
Section 440. [Independent Confiscation Proceedings]
Section 441. [Jurisdiction in Subsequent and in Independent Confiscation Proceedings]
Section 442. [Forfeiture; Destruction; Rendering Unusable]
Section 443. [Seizure of Property]Chapter IV Procedure for Imposing a Regulatory Fine Against Legal Persons and Against Associations
Section 444.
Sections 445-448. Deleted
Part Seven Execution of Sentence And Costs of Proceedings
Chapter I Execution of Sentence
Section 449. [Execution]
Section 450. [Crediting Remand Detention and Withdrawal of Driver's License]
Section 450a. [Crediting Detention Pending Extradition]
Section 451. [Executing Authorities]
Section 452. [Pardoning Power]
Section 453. [Subsequent Decision on Probationary Suspension of Sentence or on Warning with Sentence Reserved]
Section 453a. [Instruction on Suspension of Sentence or Warning with Sentence Reserved]
Section 453b. [Supervision of the Convicted Person]
Section 453c. [Warrant of Arrest on Revocation]
Section 454. [Suspension of Remainder of Sentence]
Section 454a. [Extension of Probation Period; Revocation of Suspension of Remainder of Sentence]
Section 454b. [Execution of Prison Sentences and of Default Imprisonment]
Section 455. [Postponement of Execution of a Prison Sentence]
Section 455a. [Postponement or Interruption on Grounds of Institutional Organization]
Section 456. [Temporary Postponement]
Section 456a. [Dispensing With Execution in the Case of Extradition or Expulsion]
Section 456b. Deleted
Section 456c. [Postponement and Suspension of Prohibition of Permit of an Occupation]
Section 457. [Arrest Warrant]
Section 458. [Court Decisions on Execution of Sentence]
Section 459. [Execution of Fine]
Section 459a. [Facilitating for Payment]
Section 459b. [Setting off Installments]
Section 459c. [Recovery of Fine]
Section 459d. [No Execution]
Section 459e. [Execution of Default Imprisonment]
Section 459f. [Dispensing with Execution of Default Imprisonment]
Section 459g. [Execution of Incidental Consequences]
Section 459h. [Legal Remedy]
Section 459i. [Execution of Property Fine]
Section 460. [Subsequent Aggregate Penalty]
Section 461. [Credit for Confinement in Hospital]
Section 462. [Procedure in the Case of Court Decision]
Section 462a. [Jurisdiction]
Section 463. [Execution of Measures of Reform and Prevention]
Section 463a. [Powers and Jurisdiction of the Supervisory Agencies]
Section 463b. [Seizure of Driver's License]
Section 463c. [Public Announcement]
Section 463d. [Court Assistance Agency]Chapter II Costs of the Proceedings
Section 464. [Decision on Costs]
Section 464a. [Definition of Costs]
Section 464b. [Assessment of Costs]
Section 464c. [Costs of Interpreters]
Section 464d. [Distribution of Expenses]
Section 465. [Duty of Convicted Person to Pay Costs]
Section 466. [Liability of Co-Offenders]
Section 467. [Costs on Acquittal]
Section 467a. [Withdrawal of Charges or Termination by the Public Prosecution Office]
Section 468. [Defendants Not Liable to Punishment]
Section 469. [Costs Charged to Person Laying Criminal Information]
Section 470. [Costs on Withdrawal of Application for Prosecution]
Section 471. [Costs of Private Prosecution]
Section 472. [Costs of Private Accessory Prosecution]
Section 472. [Aggrieved Person's Expenses]
Section 472a. [Costs of Other Persons Involved]
Section 473. [Unsuccessful Appellate Remedy]
Part Eight National Register of Proceedings Conducted by the Public Prosecution Offices
Section 474. [Content and Maintenance of the Register]
Section 475. [Automated Procedure]
Section 476. [Correction; Erasure]
Section 477. [Information]
Substantive jurisdiction of the courts shall be determined by the Courts Constitution Act.
(1) Connected criminal cases, which individually would be under the jurisdiction of courts of different rank, may be tried jointly by the court of superior jurisdiction. Connected criminal cases of which individual cases would be under the jurisdiction of particular penal chambers pursuant to Section 74 subsection 2, Section 74a and Section 74c of the Courts Constitution Act, may be tried jointly by the penal chamber which enjoys precedence pursuant to Section 74e of the Courts Constitution Act.
(2) Such court may, by order, sever connected criminal cases on grounds of expediency.
Cases shall be deemed to be connected when a person is accused of more than one criminal offense or if, in the case of one act, more than one person is charged as perpetrator, inciter or accessory or charged with obstruction of justice or handling stolen goods.
(1) The court may, by order, direct the joinder of connected, or the severance of joint, criminal cases even after the opening of the main proceedings, upon application by the public prosecution office, the defendant or proprio motu.
(2) The court of higher rank to whose district the other courts belong shall be competent to give such order. If there is no such court, the common superior court shall give a decision.
For the duration of joinder the proceedings shall be governed by the criminal case within the jurisdiction of the court of higher rank.
At all stages of the proceedings the court shall, proprio motu, review its substantive jurisdiction.
The court shall, proprio motu, review the jurisdiction of particular penal chambers pursuant to the provisions of the Courts Constitution Act (Section 74 subsection 2 and Sections 74a and 74c of the Courts Constitution Act) prior to the opening of the main proceedings. Thereafter it may take account of its lack of jurisdiction only upon an objection being filed by the defendant. The defendant may file such objection during the main hearing only prior to the commencement of his examination on the charge.
(1) Venue shall be deemed to be established in the court in whose district the criminal offense was committed.
(2) If essential elements of an offense are established by the contents of a publication appearing within the territorial scope of this Federal statute, only the court in whose district the publication appeared shall be deemed to have jurisdiction pursuant to subsection 1. However, in defamation cases, where initiated by private prosecution, the court in whose district the publication was distributed shall also have jurisdiction if the defamed person has his domicile or ordinary place of residence in that district.
(1) Venue shall also be deemed to be established in the court in whose district the indicted accused has his domicile at the time the charges are preferred.
(2) If the indicted accused has no domicile within the territorial scope of this Federal statute, venue shall also be determined by his ordinary place of residence and, if such place of residence is not known, by his last domicile.
Venue shall also be deemed to be established in the court in whose district the accused was apprehended.
(1) If the criminal offense was committed on a ship authorized to fly the Federal flag outside the territorial scope of this statute, the competent court shall be the court in whose district the ship's home port is located, or the port within the territorial scope of this statute first reached by the ship after commission of the offense.
(2) Subsection (1) shall apply mutatis mutandis to aircraft authorized to bear the nationality sign of the Federal Republic of Germany.
If no venue is established for an offense committed at sea outside the territorial scope of this statute, the venue shall be Hamburg; the competent Local Court shall be Hamburg Local Court.
(1) In the case of Germans who enjoy the right of extraterritoriality, as well as of officials of the Federation or of a German Land, employed abroad, venue shall be determined by the domicile which they had in Germany. If they had no such domicile, the seat of the Federal Government shall be considered their domicile.
(2) These provisions shall not be applied to honorary consuls.
(1) If more than one court has jurisdiction pursuant to the provisions of Sections 7 to 11, the court which first opened the investigation shall take precedence.
(2) The investigation and decision may, however, be transferred to one of the other competent courts by the common superior court.
(1) For connected criminal cases each of which, pursuant to the provisions of Sections 7 to 11, would be under the jurisdiction of different courts, venue shall be deemed to be established in each court having jurisdiction over one of the criminal cases.
(2) If more than one connected criminal case is pending in different courts, they may be joined in whole or in part in one of the courts, where such courts so agree upon application of the public prosecution office. If such agreement is not reached, the common superior court, upon application by the public prosecution office or an indicted accused, shall decide whether and in which court the cases shall be joined.
(3) Cases which have been joined may be severed in the same manner.
If venue cannot be established in any court within the territorial scope of this Federal statute, or if such court cannot be ascertained, the Federal Court of Justice shall decide which court shall be competent.
If a dispute arises between courts as regards jurisdiction, the common superior court shall decide which court is to conduct the investigations and give the decision.
If a competent court is, in an individual case, legally or factually hindered from exercising its judicial authority, or if it is feared that a hearing before such a court might endanger public security, the next superior court shall assign the investigation and decision to an equivalent court of another district.
Prior to the opening of the main proceedings, the court shall, proprio motu, review its local jurisdiction. Thereafter it may declare its lack of jurisdiction only upon an objection being filed by the defendant. The defendant may file such objection during the main hearing only prior to the commencement of his examination on the charge.
Where more than one court one of which is competent, has stated in decisions that are no longer contestable that it lacks jurisdiction, the common superior court shall designate the competent court.
Individual acts of investigation by a court lacking jurisdiction shall not be ineffective by virtue of that lack of jurisdiction alone.
A court lacking jurisdiction shall, in exigent circumstances, conduct acts of investigation in its district.
Chapter III Exclusion and Challenge of Court Personnel
(1) A judge shall be barred by law from exercising his judicial office:
1. if he himself was aggrieved by the criminal offense;
2. if he is or was the spouse or the guardian of the accused or of the aggrieved party;
3. if he is or was lineally related or related by marriage, collaterally related to the third degree or related by marriage to the second degree to the accused or the aggrieved party;
4. if he acted in the case as an official of the public prosecution office, as a police officer, as attorney-at-law of the aggrieved party, or as defense counsel;
5. if he was heard in the case as a witness or expert.
(1) A judge who participated in a decision which has been contested by way of appellate remedy shall be barred by law from participating in the decision of a higher instance.
(2) A judge who has participated in a decision contested by application for reopening of the proceedings shall be barred by law from participating in decisions in the proceedings to reopen the case. If the contested decision has been given at a higher instance, a judge who has participated in an original decision at a lower instance shall be barred. The first and second sentences shall apply mutatis mutandis to the participation in decisions to prepare the reopening of the proceedings.
(1) A judge may be challenged both where he has been barred by law from exercising judicial office and for fear of bias.
(2) Challenge for fear of bias shall be justified if there is reason to doubt the impartiality of a judge.
(3) The public prosecution office, the private prosecutor, and the accused may exercise the right of challenge. The court personnel appointed to participate in the decision shall be named upon the request of the party entitled to challenge.
(1) A judge hearing the case may be challenged for fear of bias until commencement of examination of the first defendant as to the defendant's personal circumstances or, in the main hearing on the appeal on fact and law or the appeal on law, until commencement of the rapporteur's statement. All reasons for the challenge shall be stated at the same time.
(2) Thereafter a judge may be challenged only if:
1. the circumstances on which the challenge is based have occurred later or have become known to the person entitled to challenge at a later date and
2. the challenge is claimed without delay.
After the defendant's last word a challenge shall no longer be admissible.
(1) The motion for challenge shall be filed with the court of which the judge is a member; it may be made orally to be recorded by the court registry. Section 257a shall not be applicable.
(2) The ground for challenge, and in the cases of Section 25 subsection (2) the conditions for submitting the request in time must be substantiated. The taking of an oath to substantiate a challenge shall not be admissible. To substantiate a challenge, reference may be made to the testimony of the challenged judge.
(3) The challenged judge shall make an official statement on the grounds for challenge.
(1) The challenge of a judge shall be rejected by the court as being inadmissible if:
1. the challenge is not made in time;
2. there is no disclosure of the ground for the challenge or of the means by which the challenge could be substantiated; or
3. it is obvious that the challenge is made just to delay the proceedings or for purposes which are irrelevant to the proceedings.
(2) The court shall give the decision with respect to a rejection pursuant to subsection (1) without the challenged judge being excluded from the bench. In a case under subsection (1) number 3, a unanimous decision and a disclosure of the circumstances which constitute the ground for the rejection shall be required. If a commissioned or a requested judge, a judge in preparatory proceedings, or a criminal court judge sitting alone is challenged, he shall himself decide the question whether the challenge shall be rejected as inadmissible.
(1) If the challenge is not rejected as inadmissible the court of which the challenged person is a member shall decide on the motion of challenge without the challenged person's participation.
(2) If a judge of the adjudicating penal chamber is challenged, the penal chamber, in its required composition for decisions made outside the main hearing, shall decide the issue.
(3) If a judge at the Local Court is challenged, another judge of this court shall give a decision. A decision shall not be required if the person challenged considers the motion of challenge to be well-founded.
(4) If the court which is to give a decision lacks a quorum after exclusion of the challenged judge, the next superior court shall give a decision.
(1) A ruling declaring a challenge well-founded shall not be contestable.
(2) An immediate complaint may be lodged against a ruling rejecting the challenge as inadmissible or unfounded. If the ruling concerns an adjudicating judge, it can be contested only together with the judgment.
(1) A challenged judge shall, prior to the decision on the motion for challenge, perform only such acts which may not be deferred.
(2) If a judge is challenged at the main hearing and if the decision on the challenge (Sections 26a and 27) would require an interruption of the main hearing, the main hearing may be continued until a decision on the challenge is possible without delaying the main hearing; a decision on the challenge shall be made at the latest by the commencement of the day following the next day of the hearing, and always prior to the commencement of the closing speeches. If the challenge is declared well-founded and if the main hearing need not be suspended for this reason, that part of the hearing completed after submission of the motion for challenge shall be repeated. This shall not apply to such acts which may not be deferred. After submission of the motion for challenge decisions which may also be made separately from the main hearing may be given with the participation of the challenged person only if they may not be deferred.
The court competent for the decision on a motion for challenge shall decide also in cases in which, although a motion for challenge has not been filed, a judge reports circumstances which might justify his being challenged, or when for other reasons doubts arise as to whether a judge is barred by law.
(1) The provisions of this Chapter shall apply mutatis mutandis to lay judges as well as to registry clerks and to other persons assisting as recording clerks.
(2) The decision shall be given by the presiding judge. In the grand penal chamber and the penal division with lay judges the judicial members of the bench shall give a decision. If a recording clerk has been assigned to a judge, the latter shall decide on his challenge or disqualification.
(1) A decision of the court rendered in the course of the main hearing shall be given after hearing the participants.
(2) A decision of the court rendered outside a main hearing shall be given after a written or oral declaration by the public prosecution office.
(3) If a decision has been given pursuant to subsection (2), another participant shall be heard before facts or evidentiary conclusions in respect of which he has not yet been heard are used to his detriment.
(4) If remand detention, seizure or other measures have been ordered, subsection (3) shall not be applicable if the prior hearing would endanger the purpose of such an order. Special provisions governing the hearing of the participants shall not be affected by subsection (3).
If the court, in a decision detrimental to a participant, used facts or evidentiary conclusions in respect of which he has not yet been heard and if he is not entitled to lodge a complaint against this decision or to any other legal remedy, the court shall give this participant a subsequent hearing, as far as the detriment still exists, either of proprio motu or upon an application, and decide upon an application. The court may amend its decision without an application.
Decisions which may be contested by appellate remedy, as well as those refusing an application, shall include the reasons therefor.
If, after an appellate remedy has been sought in time, the contested decision immediately enters into force by virtue of an order, it shall be deemed to have entered into force at the end of the day on which the order was given.
(1) Decisions which are given in the presence of the person to whom they refer shall be notified to him orally. Upon request a copy shall be given to him.
(2) Other decisions shall be notified by service thereof. Where notification of the decision does not cause commencement of a time limit, the decision may be notified informally.
(3) Documents served on individuals deprived of their liberty shall be read out to them upon request.
Upon notification of a decision which is contestable by way of appellate remedy within a given time limit, the person concerned shall be informed of the options for contesting such decision and of the relevant prescribed time limits and forms. Where an appeal on fact and law may be filed against the judgment, the defendant shall also be informed of the legal consequences arising out of Section 40 subsection (2) and Sections 329 and 330.
(1) The service of decisions shall be ordered by the presiding judge. The court registry shall take care that the service is effected.
(2) Decisions requiring execution shall be submitted to the public prosecution office which shall take necessary action. This shall not apply to decisions concerning order at the sittings.
(1) The provisions of the Civil Procedure Code shall apply mutatis mutandis to the procedure for service. The statutory time limits shall be considered to be time limits within the meaning of Section 187, second sentence, of the Civil Procedure Code.
(2) Service of documents abroad may also be effected by means of recorded delivery post with acknowledgment of receipt, provided international agreements permit the direct sending of documents via the postal system.
(3) Where documents addressed to a participant are served on several persons authorized to receive them, time limits shall be calculated from the date of the service last effected.
Persons participating in criminal proceedings who have the authority to summon witnesses and experts directly shall charge the court bailiff with service of the summons.
(1) If service on an accused, upon whom a summons for the main hearing has not yet been served, cannot be effected in Germany in the prescribed manner, and if compliance with the provisions for service abroad appears impracticable or will presumably be unsuccessful, the service shall be considered effected if the contents of the document to be served have been notified in a German or foreign publication and two weeks have elapsed after publication, or if the document to be served has been affixed for two weeks on the bulletin board of the court of first instance. The official who orders the service shall have the right to choose the publication.
(2) If the summons for the main hearing was previously served upon the defendant, further service on him, if it cannot be effected in Germany in the prescribed manner, shall be considered effected when the document to be served has been affixed for two weeks on the bulletin board of the court of first instance. Only those parts of judgments and rulings containing the operative provisions shall be affixed.
(3) Service by publication shall be admissible in proceedings concerning an appeal on fact and law filed by the defendant if it is not possible to serve documents at an address at which documents were last served or which the defendant last provided.
Service on the public prosecution office shall be made by producing the original copy of the document to be served. Where a time limit begins to run upon service, the public prosecution office shall note the day of production on the original.
In calculating a time limit determined in days, the day of the time or the event determining the beginning of the time limit shall not be counted.
(1) A time limit determined in weeks or months shall expire at the end of the day of the last week or the last month, whose name or number, corresponds to the day on which the time limit began; where the last month lacks such day, the time limit shall expire at the end of the last day of that month.
(2) If the end of a time limit falls on a Sunday, a public holiday or a Saturday, the time limit shall expire at the end of the next workday.
If a person was prevented from observing a time limit through no fault of his own, he shall be granted restoration of the status quo ante upon application. Failure to observe the time limit for filing an appellate remedy shall not be considered a fault if instructions pursuant to Section 35a, Section 319 subsection 2, third sentence, or Section 346 subsection 2, third sentence, have not been given.
(1) The application for restoration of the status quo ante shall be filed with the court where the time limit should have been observed, within one week after the reason for non-compliance no longer applies. If the time limit is observed, it shall be sufficient for the application to be filed in time with the court which is to decide on the application.
(2) The facts justifying the application shall be substantiated at the time the application is filed or during the proceedings on the application. The omitted act shall subsequently be undertaken within the time limit for filing the application. Where this is done, restoration may also be granted without an application being filed.
(1) The decision on the application shall be taken by the court which would have been competent to decide on the facts of the case if the act concerned had been completed on time.
(2) A decision in favor of the application shall not be contestable.
(3) An immediate complaint may be lodged against a decision refusing an application.
(1) The application for restoration of the status quo ante shall not suspend execution of a court decision.
(2) The court may, however, order postponement of execution.
A witness summons shall denote the legal consequences of non-appearance.
The Federal President shall be examined in his residence. He shall not be summoned to the main hearing. The record of his examination by the court shall be read out at the main hearing.
(1) Members of the Federal Parliament, of the Federal Council, of a Land Parliament or second chamber shall be examined at their place of assembly while present.
(2) Members of the Federal Government or of a Land government shall be examined at their government office or, if they are not there, at the place where they are.
(3) Any deviation from the foregoing provisions shall, in the case of members of a body mentioned in subsection (1), require the approval of that body,
in the case of members of the Federal Government, the approval of the Federal Government,
in the case of members of a Land government, the approval of the Land government.
(4) Members of the legislative bodies in subsection (1), and members of the Federal Government or of a Land government, if examined outside the main hearing, shall not be summoned to it. The record of their judicial examination shall be read out at the main hearing.
(1) A witness who fails to appear although he was properly summoned, shall be charged with the costs attributable to his failure to appear. At the same time, a coercive fine shall be imposed on him and if the coercive fine cannot be collected, coercive detention shall be ordered. A witness may also be brought before the court by force. Section 135 shall apply mutatis mutandis. In the case of repeated non-appearance the coercive measure may be imposed a second time.
(2) Costs shall not be charged and a coercive measure shall not be imposed if the witness provides a sufficient and timely excuse for his non-appearance. If such excuse is not made in time pursuant to the first sentence, the charging of the costs and the imposition of a coercive measure shall, be dispensed with only if it is demonstrated that the delayed excuse is not the witness' fault. If the witness is sufficiently excused thereafter, the orders made shall be revoked under the conditions set out in the second sentence.
(3) Authority to order such measures shall also be vested in the judge in the preliminary proceedings as well as in a commissioned and a requested judge.
(1) The following persons may refuse to testify:
1. the fiancé(e) of the accused;
2. the spouse of the accused, even if the marriage no longer exists;
3. a person who is or was lineally related or related by marriage, collaterally related to the third degree, or related by marriage to the second degree, to the accused.
(2) If minors for want of intellectual maturity, or minors or persons placed in care due to mental illness or mental or emotional deficiency have no sufficient understanding of the importance of their right of refusal to testify, testimony may be taken from such persons only if they are willing to testify and if their statutory representative also agrees to their examination. If the statutory representative is accused himself he may not decide on the exercise of the right of refusal to testify; the same shall apply to the parent who is not accused, if both parents are entitled to act as statutory representative.
(3) Persons entitled to refuse to testify, in the cases of subsection (2) also their representatives authorized to decide on the exercise of the right of refusal to testify, shall be instructed concerning their right prior to each examination. They may revoke the waiver of this right during the examination.
(1) The following persons may also refuse to testify:
1. clergymen, concerning the information that was entrusted to them or became known to them in their capacity as spiritual advisers;
2. defense counsel of the accused, concerning the information that was entrusted to them or became known to them in this capacity;
3. attorneys-at-law, patent attorneys, notaries, auditors, sworn certified accountants, tax consultants and tax representatives, doctors, dentists, psychological psychotherapists, psychotherapists specializing in the treatment of children and juveniles, pharmacists and midwives, concerning information entrusted to them or which became known to them in their professional capacity;
3a. members or representatives of a recognized counseling agency pursuant to sections 3 and 8 of the Act on Pregnancies in Conflict Situations, concerning the information that was entrusted to them or became known to them in this capacity;
3b. drugs dependency counselors in a counseling agency recognized or set up by an authority, a body, institution or foundation under public law, concerning the information that was entrusted to them or became known to them in this capacity;
4. members of the Federal Parliament, of a Land Parliament or a second chamber, concerning persons who confided to them facts in their capacity as members of these bodies, or to whom they confided facts in this particular capacity, as well as the facts themselves;
5. individuals who are or were professionally involved in the preparation, production or dissemination of periodically printed matter or radio broadcasts concerning the author, contributor or informant providing contributions and documentation and concerning information received by them in their professional capacity insofar as this concerns contributions, documentation and information for the editorial element of their activity.
(2) The persons specified in subsection (1), numbers 2 to 3b, may not refuse to testify if they have been released from their obligation of secrecy.
(1) Assistants and persons being trained for their profession who participate in their respective professional activities shall be considered equivalent to the persons specified in Section 53 subsection (1), numbers 1 to 4. The persons specified in Section 53 subsection (1), numbers 1 to 4, shall decide whether these assistants should exercise their right to refuse to testify, except if such a decision cannot be obtained within a foreseeable period.
(2) Release from the obligation of secrecy (Section 53 subsection (2)) shall also apply to the assistants.
(1) The special provisions of the law concerning public officials shall apply to the examination of judges, officials, and other persons in the public service as witnesses concerning circumstances covered by their official obligation of secrecy, as well as to permission to testify.
(2) Members of the Federal Parliament, of the Land Parliaments, of the Federal Government or a Land Government and the employees of a Federal or Land parliamentary group shall be subject to the special provisions applicable to them.
(3) The Federal President may refuse to testify if his testimony would be disadvantageous to the welfare of the Federation or of a German Land.
(4) These provisions shall also apply if the persons referred to above are no longer members of the public service or employees of a parliamentary group or if their terms of office have expired insofar as matters are involved which occurred during their terms of service, employment or office or which became known to them during their terms of service, employment or office.
(1) Any witness may refuse to answer any questions the reply to which would subject him, or one of the relatives specified in Section 52 subsection (1), to the risk of being prosecuted for a criminal offense or a regulatory offense.
(2) The witness shall be informed of his right to refuse to answer.
The reason for which the witness in the cases of Sections 52, 53 and 55 refuses to testify shall be substantiated upon request. A sworn affirmation by the witness shall be sufficient.
Before examination, witnesses shall be admonished to tell the truth and shall be informed that their statements must be made under oath, except as otherwise provided or permitted by law. At the same time instruction shall be given on the importance of the oath, on the possibility to choose between the oath with religious affirmation or without religious affirmation, and on the criminal law consequences of incorrect or incomplete statements.
(1) Witnesses shall be examined individually and in the absence of those witnesses who shall be heard later.
(2) A confrontation with other witnesses or with the accused in the preliminary proceedings shall be admissible if this is required for the further proceedings.
(1) The examination of a witness may be recorded on an audio-visual medium. The examination shall be recorded:
1. in the case of persons of less than sixteen years of age who have suffered injury as result of the criminal offense; or
2. if there is a fear that the person cannot be examined during the main hearing and if the recording is required in order to establish the truth.
(2) Use of the audio-visual recording shall be admissible only for the purposes of criminal prosecution and only to the extent that it is required in order to establish the truth. Section 100b subsection (6) and Sections 147 and 406e shall apply mutatis mutandis.
Witnesses shall be placed under oath individually after they have been examined. Except as otherwise provided, the oath shall be taken at the main hearing.
An oath shall not be administered:
1. to persons who at the time of the examination are still under the age of sixteen, or who have no sufficient understanding of the nature and importance of the oath due to their deficient intellectual maturity or mental illness or mental or emotional deficiency;
2. to persons who are suspected of having committed the offense which forms the subject of the investigation, of having participated in it, or who are suspected of accessoryship, obstruction of justice or handling stolen goods or who were already sentenced therefor.
The court in its discretion may dispense with administering an oath:
1. to persons who at the time of the examination have reached the age of sixteen, but are still under the age of eighteen;
2. to the aggrieved person, as well as to persons who within the meaning of Section 52 subsection (1) are relatives of the aggrieved person or of the accused;
3. if the court does not attribute special importance to the statement, and is of the opinion that an essential statement cannot be expected even under oath;
4. in the case of persons who have been sentenced for perjury (Sections 154 and 155 of the Penal Code);
5. if the public prosecution office, defense counsel and the defendant dispense with administration of the oath.
Witnesses shall be sworn in private prosecution proceedings only if it is deemed necessary by the court because of the decisive importance of the statement, or in order to obtain a true statement.
The relatives of the accused specified in Section 52 subsection (1) shall have the right to refuse to give testimony under oath; they shall be informed of this right.
The reason for not having administered an oath to a witness shall be indicated in the record.
Administration of an oath shall only be admissible in the preparatory proceedings:
1. in exigent circumstances;
2. if the oath seems to be necessary for obtaining a true statement on a question of importance for the further proceedings; or
3. if it is be expected that the witness will be unavailable at the main hearing.
The reason for administering an oath to a witness outside the main hearing shall be indicated in the record.
(1) If the witness is examined by a commissioned or requested judge, this judge shall initially decide whether to administer the oath.
(2) An oath shall be administered, where admissible, if so demanded in the commission or request from the court. The examining judge may suspend the administration of an oath and reserve it for a new decision of the commissioning or requesting court, if facts appear in the examination which would justify an unsworn examination. These facts shall be noted in the record.
(3) An oath shall not be administered if an unsworn examination is requested.
(1) An oath with religious affirmation shall be administered in such a way that the judge addresses the following words to the witness:
"You swear by God the Almighty and Omniscient that, to the best of your knowledge, you have told the pure truth and have not concealed anything",
whereupon the witness says the words:
"I swear, so help me God".
(2) The oath without religious affirmation shall be administered in such a way that the judge addresses the following words to the witness:
"You swear that, to the best of your knowledge, you have told the pure truth and have not concealed anything",
whereupon the witness says the words:
"I swear".
(3) If a witness indicates that as a member of a religious denomination or of a community professing a creed he wants to use a formula of affirmation used by such denomination or community, he may add it to the oath.
(4) The person swearing the oath shall raise his right hand when taking the oath.
(1) If a witness states that he does not wish to swear an oath for reasons of faith or conscience he shall affirm the truth of his testimony. The affirmation shall be equivalent to an oath; the witness shall be informed of this fact.
(2) The truth of the statement shall be affirmed in such a way that the judge addresses the following words to the witness:
"You are aware of your responsibility before the court and affirm that, to the best of your knowledge, you have told the pure truth and have not concealed anything",
whereupon the witness says: "Yes".
(3) Section 66c subsection (3) shall apply mutatis mutandis.
(1) Mute persons shall take the oath in such a way that they write down and sign the following words:
"I swear by God the Almighty and Omniscient that, to the best of my knowledge, I have told the pure truth and have not concealed anything".
Mute persons who cannot write shall take the oath by signs with the help of an interpreter.
(2) The provisions of Section 66c subsection (2) and (3) and Section 66d shall apply mutatis mutandis.
If a witness, after having been examined under oath, is examined a second time in the same preliminary proceedings or main proceedings, the judge, instead of administering a second oath, may have the witness confirm the correctness of his statement by reference to the oath previously taken.
(1) The hearing begins with the witness being asked to state his first name and family name, age, position or trade and place of residence. Witnesses who have made observations in their official capacity may state their place of work instead of their place of residence.
(2) If there is reason to fear that the witness or another person might be endangered by the witness stating his place of residence, the witness may be permitted to state his business address or place of work or another address at which documents can be served instead of stating his place of residence. Under the condition set out in the first sentence, the presiding judge may permit the witness not to state his place of residence during the main hearing.
(3) If there is reason to fear that revealing the identity or the place of residence or whereabouts of the witness would endanger the witness' or another person's life, limb or liberty, the witness may be permitted not to state personal particulars or to state particulars only of an earlier identity. However, if so asked at the main hearing, he shall be required to state in what capacity the facts he is indicating became known to him. Documents establishing the witness' identity shall be kept by the public prosecution office. They shall only be included in the files when the danger ceases.
(4) Where necessary, questions relating to circumstances justifying the witness' credibility in the case at hand, particularly concerning his relationship with the accused or the aggrieved party, shall be submitted to him.
(1) Questions concerning facts which might dishonor the witness or a person who is his relative within the meaning of Section 52 subsection (1) or which concern their personal sphere of life are to be asked only if essential.
(2) A witness is to be asked about his previous convictions only if their ascertainment is required for a decision on the existence of the conditions of Section 60, number 2, or Section 61, number 4, or to judge his credibility.
With the consent of the public prosecution office a lawyer may be assigned for the duration of the examination to witnesses who previously had no legal counsel if it is evident that they are unable to exercise their rights themselves during the examination and if any of their interests that are worthy of protection cannot be taken into account in another way. Where the examination concerns
1. a serious criminal offense,
2. a less serious criminal offense pursuant to Sections 174 to 174c, 176, 179 subsections (1) to (3), Sections 180, 180b, 182, or Section 225 subsections (1) or (2) of the Penal Code, or
3. another less serious criminal offense of substantial significance committed on a commercial or habitual basis, or by a member of a gang, or in some other way committed in an organized fashion,
assignment of counsel shall be ordered upon application by the witness or the public prosecution office provided the conditions of the first sentence have been fulfilled. Section 141 subsection (4) and Section 142 subsection (1) shall apply mutatis mutandis to the assignment. The decision shall not be contestable.
(1) The witness shall be directed to state coherently all he knows about the subject of his examination. The subject of the investigation and the name of the accused, if there is an accused, shall be indicated to the witness before the examination.
(2) If so required, further questions shall be asked in order to clarify and complete the statement, as well as to establish the grounds on which the witness' knowledge is based.
(3) The provisions in Section 136a shall apply mutatis mutandis to the examination of a witness.
(1) A witness who without a legal reason refuses to testify, or to take an oath, shall be charged with the costs caused by this refusal. At the same time a coercive fine shall be imposed on him and if the fine cannot be collected, coercive detention shall be ordered.
(2) Detention may also be ordered to force a witness to testify; such detention shall not, however, extend beyond the termination of those particular proceedings, nor beyond a period of six months.
(3) The judge in the preliminary proceedings and any commissioned or requested judge shall also have the authority to take these measures.
(4) Where these measures have been taken they may not be repeated in the same proceedings or in other proceedings, if the same offense is the subject of these proceedings.
The witness shall be compensated pursuant to the Act on Compensation of Witnesses and Experts.
Chapter VII Experts and Inspection
Chapter VI concerning witnesses shall apply mutatis mutandis to experts, except as otherwise provided by the following sections.
(1) The judge shall select the experts to be consulted, and shall determine their number. He shall agree with them on a time limit within which their opinions may be rendered.
(2) If experts are publicly appointed for certain kinds of opinions, other persons are to be selected only if this is required by special circumstances.
(1) An expert may be challenged for the same reasons that justify the challenging of a judge. The fact, however, that the expert was examined as a witness shall not be a reason for challenge.
(2) The public prosecution office, the private prosecutor and the accused shall have the right of challenge. The appointed experts shall be made known to the person entitled to challenge if there are no special circumstances to the contrary.
(3) The ground for challenge shall be substantiated; taking an oath to substantiate a challenge shall be precluded.
(1) The person appointed as an expert must comply with the appointment, if he has been publicly appointed to render opinions of the required kind, or if he publicly and commercially practices the science, art, or trade, the knowledge of which is a prerequisite for rendering an opinion, or if he has been publicly appointed or authorized to practice such profession.
(2) The obligation to render an opinion shall also be incumbent upon a person who has stated his willingness to do so before the court.
(1) An expert may refuse to render an opinion for the same reasons for which a witness may refuse to testify. An expert may also be released for other reasons from his obligation to render an opinion.
(2) The provisions applying to public officials in particular shall apply to the examination of judges, officials and other persons in the public service as experts. Members of the Federal Government or of a Land government shall be subject to the special provisions relating to them.
(1) In the case of non-appearance or refusal of an expert obliged to render an opinion he shall be charged with the costs caused by his non-appearance or refusal. At the same time a coercive fine shall be imposed on him. In the case of repeated disobedience the coercive fine may be assessed a second time in addition to the costs.
(2) If an expert obliged to render the opinion refuses to agree upon a reasonable time limit pursuant to Section 73 subsection (1), second sentence, or if he fails to observe the time limit agreed upon, a coercive fine may be imposed on him. The assessment of a coercive fine must be preceded by an admonition setting an extension of the time limit. In the case of repeated failure to observe the time limit the coercive fine may be assessed again.
The judge shall guide the experts' participation, so far as he deems this necessary.
(1) Administration of an oath to the expert shall be left to the discretion of the court. An oath shall be administered to the expert upon application by the public prosecution office, by the defendant, or by defense counsel.
(2) The oath shall be taken after the opinion is rendered; it shall contain the assurance that the expert rendered his opinion impartially and to the best of his knowledge and belief.
(3) If the expert has been sworn generally to render opinions of the kind concerned, a reference to his oath shall be sufficient.
(1) The expert may, at his request, be given further details for the preparation of his opinion by examining witnesses or the accused.
(2) For the same purpose, he may be allowed to examine the file, to be present at the examination of the witnesses or of the accused, and to address questions to them directly.
An expert is to be given the opportunity, during the course of the preliminary proceedings, to prepare the opinion that he is to render at the main hearing, if it is expected that the committal of the accused to a psychiatric hospital, to an institution for withdrawal treatment or to preventive detention will be ordered.
(1) For the preparation of an opinion on the accused's mental condition the court may, after hearing an expert and defense counsel, order that the accused be brought to a public psychiatric hospital and be held under observation there.
(2) The court shall make the order pursuant to subsection (1) only if the accused is strongly suspected of the offense. The court may not make this order if it is out of relation to the importance of the matter or to the penalty or to the measure of reform and prevention to be expected.
(3) In the preparatory proceedings the court which would be competent for the opening of the main proceedings shall give a decision.
(4) An immediate complaint against the decision shall be admissible. It shall have a delaying effect.
(5) Committal to a psychiatric hospital pursuant to subsection (1) may not exceed a total period of six weeks.
(1) A physical examination of the accused may be ordered for the establishment of facts which are of importance for the proceedings. For this purpose, the taking of blood samples and other bodily intrusions which are effected by a physician in accordance with the rules of medical science for the purpose of examination shall be admissible without the accused's consent, provided no detriment to his health is to be expected.
(2) The authority to give such order shall be vested in the judge and, if delay were to endanger the success of the examination, also in the public prosecution office including officials assisting it (Section 152 of the Courts Constitution Act).
(3) Blood samples or other body cells taken from the accused may be used only for the purposes of the criminal proceedings for which they are taken or in other criminal proceedings pending; they shall be destroyed without delay as soon as they are no longer required for those uses.
Photographs and fingerprints of the accused may be taken, even against his will, and measurements may be made of him and other similar measures taken with regard to him insofar as is required for the purposes of conducting the criminal proceedings or of the police records department.
(1) Persons other than the accused may, if they might be considered witnesses, be examined without giving their consent only insofar as establishing the truth involves ascertaining whether their body shows a particular trace or consequence of a criminal offense.
(2) Examinations to ascertain descent and the taking of blood samples from persons other than the accused shall be admissible without such persons' consent provided no detriment to their health is to be expected and if the measure is indispensable for establishing the truth. The examination and the taking of blood samples may only ever be carried out by a physician.
(3) Examinations or the taking of blood samples may be refused for the same reasons as testimony may be refused. Where minors lack intellectual maturity or where minors or persons placed in care due to mental illness or mental or emotional deficiency have no sufficient understanding of the importance of their right of refusal, their statutory representative shall give the decision; Section 52 subsection (2), second sentence, and subsection (3) shall apply mutatis mutandis. If the statutory representative is precluded from giving a decision (Section 52 subsection (2), second sentence) or is prevented from giving a decision in time for other reasons, and the immediate investigation or taking of blood samples for securing evidence seems necessary, these measures shall be admissible only upon special order by the judge. The decision ordering the measures shall not be contestable. The evidence furnished pursuant to the third sentence may be used in further proceedings only with the consent of the statutory representative authorized to do so.
(4) Measures pursuant to subsections (1) and (2) shall be inadmissible if on evaluation of all circumstances the person concerned cannot reasonably be expected to undergo such measures.
(5) The authority to give such order shall be vested in the judge and, if a delay were to endanger the success of the investigation - apart from the cases of subsection (3), third sentence - also in the public prosecution office and officials assisting it (Section 152 of the Courts Constitution Act). Section 81a subsection (3) shall apply mutatis mutandis.
(6) The provision in Section 70 shall apply mutatis mutandis to cases where the person concerned refuses to undergo an examination. Direct force may be used only upon special order of the judge. The order shall presuppose either that the person concerned insists upon the refusal despite the imposition of a coercive fine or that there are exigent circumstances.
(1) If the physical examination of a woman may violate her sense of shame, it shall be made by a woman or by a physician. Upon the request of the woman who is to be examined, another woman or a relative is to be admitted.
(2) This provision shall also be applicable to cases where the woman who is to be examined consents to the examination.
(1) Material obtained by measures pursuant to Section 81a subsection (1) may also be subjected to molecular and genetic examinations, insofar as such measures are necessary to establish descent or to ascertain whether traces found originate from the accused or the aggrieved party. Examinations pursuant to the first sentence shall also be admissible to obtain similar findings on material obtained by measures pursuant to Section 81c. Findings on facts other than those referred to in the first sentence shall not be made; examinations designed to establish such facts shall be inadmissible.
(2) Examinations admissible pursuant to subsection (1) may also be carried out on trace materials which have been found, secured or seized. Subsection (1), third sentence, and Section 81a subsection (3), first part of the first sentence, shall apply mutatis mutandis.
(1) Examinations pursuant to Section 81e may be ordered only by the