Auf der Grundlage der Übersetzung von Brian Duffett und Monika Ebinger, aktualisiert durch Kathleen Müller-Rostin und Iyamide Mahdi.
Vollständige Überarbeitung und laufende Aktualisierung durch Ute Reusch.
Original translation by Brian Duffett and Monika Ebinger, updated by Kathleen Müller-Rostin and Iyamide Mahdi.
Translation completely revised and regularly updated by Ute Reusch.
Stand: Die Übersetzung berücksichtigt die Änderung(en) des Gesetzes durch Artikel 2 des Gesetzes vom 17. Juli 2025 (BGBl. 2025 I Nr. 163)
Der Stand der deutschsprachigen Dokumentation kann aktueller sein. Vergleichen Sie dazu bitte http://www.gesetze-im-internet.de/stpo/BJNR006290950.html.
Version information: The translation includes the amendment(s) to the Act by Article 2 of the Act of 17 July 2025 (Federal Law Gazette 2025 I No. 163)
Translations may not be updated at the same time as the German legal provisions displayed on this website. To compare with the current status of the German version, see http://www.gesetze-im-internet.de/stpo/BJNR006290950.html.
Zur Nutzung dieser Übersetzung lesen Sie bitte den Hinweis unter "Translations".
For conditions governing use of this translation, please see the information provided under "Translations".
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Book 1
General provisions |
Division 1
Substantive jurisdiction of courts |
| Section 1Operation of Courts Constitution Act |
| Section 2Joinder and severance of criminal cases |
| Section 3Meaning of ‘connected’ |
| Section 4Joinder and severance of pending criminal cases |
| Section 5Decisive proceedings |
| Section 6Review of substantive jurisdiction |
| Section 6aJurisdiction of particular criminal divisions |
Division 2
Venue |
| Section 7Venue at place of commission |
| Section 8Venue at domicile or habitual residence |
| Section 9Venue at place of apprehension |
| Section 10Venue for offences committed abroad on board ships or aircraft |
| Section 10aVenue for offences committed abroad at sea |
| Section 11Venue for offences committed abroad by extraterritorial German nationals and German civil servants |
| Section 11aVenue for offences committed abroad by soldiers on special foreign deployment |
| Section 12Concurrence of more than one venue |
| Section 13Venue for connected criminal cases |
| Section 13aDetermination of jurisdiction by Federal Court of Justice |
| Section 14Determination of jurisdiction by common upper court |
| Section 15Venue established by assignment owing to competent court’s impediment |
| Section 16Review of local jurisdiction; objection of lack of jurisdiction |
| Sections 17 and 18(repealed) |
| Section 19Determination of jurisdiction in event of disputed jurisdiction |
| Section 20Investigatory acts by court lacking jurisdiction |
| Section 21Powers in exigent circumstances |
Division 3
Exclusion and challenge of court personnel |
| Section 22Debarment from exercising judicial office by law |
| Section 23Debarment of judges for participating in contested decision |
| Section 24Challenge of judges; fear of bias |
| Section 25Time point for challenge |
| Section 26Procedure for challenge |
| Section 26aRejection of inadmissible motion for challenge |
| Section 27Decision on admissible motion for challenge |
| Section 28Appellate remedy |
| Section 29Procedure following challenge of judge |
| Section 30Judge’s self-recusal and ex officio challenge |
| Section 31Lay judges, registry clerks |
Division 4
Management of files and communications in proceedings |
| Section 32Electronic file management; authorisation to issue statutory instruments |
| Section 32aElectronic communications with prosecuting authorities and courts; authorisation to issue statutory instruments |
| Section 32bCreation and transmission of electronic documents used by prosecuting authorities and courts; authorisation to issue statutory instruments |
| Section 32cElectronic forms; authorisation to issue statutory instruments |
| Section 32dObligation of electronic transmission |
| Section 32eConversion of documents for file management purposes |
| Section 32fInspection of files; authorisation to issue statutory instrument |
Division 4a
Court decisions |
| Section 33Right to be heard before decision is rendered |
| Section 33aRestoration of status quo ante following breach of right to be heard |
| Section 34Reasons for contestable and rejection decisions |
| Section 34aLegal force by virtue of order following rejection of appellate remedy |
| Section 35Notification of decisions |
| Section 35aInstruction on appellate remedies |
Division 4b
Procedure in respect of service |
| Section 36Service and enforcement of decisions |
| Section 37Procedure for service |
| Section 38Direct summons |
| Section 39(repealed) |
| Section 40Service by publication |
| Section 41Service on public prosecution office |
Division 5
Time limits and restoration of status quo ante |
| Section 42Calculation of time limits determined in days |
| Section 43Calculation of time limits determined in weeks and months |
| Section 44Restoration of status quo ante following failure to observe time limits |
| Section 45Requirements of application for restoration of status quo ante |
| Section 46Jurisdiction, appellate remedy |
| Section 47No suspension of enforcement |
Division 6
Witnesses |
| Section 48Obligations on witnesses; summons |
| Section 48aParticularly vulnerable witnesses; requirement of expedited action |
| Section 49Examination of Federal President |
| Section 50Examination of members of parliament and of government |
| Section 51Consequences of witness’s failure to appear in court |
| Section 52Right of accused’s relatives to refuse testimony |
| Section 53Right to refuse testimony on professional grounds |
| Section 53aRight of persons involved to refuse testimony |
| Section 54Authorisation for members of public service to testify |
| Section 55Right to refuse to give information |
| Section 56Substantiation of grounds for refusal to testify |
| Section 57Instruction |
| Section 58Examination; identity parade |
| Section 58aVideo and audio recording of examination |
| Section 58bExamination by way of audio-visual transmission |
| Section 59Administration of oath |
| Section 60Prohibitions in respect of administration of oath |
| Section 61Right to refuse to give testimony under oath |
| Section 62Administration of oath in preparatory proceedings |
| Section 63Administration of oath on examination by commissioned or requested judge |
| Section 64Form of oath |
| Section 65Affirmation of truth of testimony equivalent to oath |
| Section 66Taking of oath by hearing or speech impaired persons |
| Section 67Reliance on prior oath |
| Section 68Examination as to witness’s identity; limitation of information, victim protection |
| Section 68aLimitation of right to ask questions to protect privacy |
| Section 68bAssistance of legal counsel for witnesses |
| Section 69Examination as to subject matter |
| Section 70Consequences of undue refusal to testify or take oath |
| Section 71Compensation of witnesses |
Division 7
Experts and inspection |
| Section 72Application of provisions concerning witnesses to experts |
| Section 73Selection of experts |
| Section 74Challenge of experts |
| Section 75Experts’ obligation to render opinion |
| Section 76Experts’ privilege of refusal to render opinion |
| Section 77Experts’ failure to appear in court or undue refusal to render opinion |
| Section 78Judicial direction of experts’ activity |
| Section 79Administration of oath to experts |
| Section 80Preparation of opinion through further clarification |
| Section 80aPreparation of opinion during preliminary investigation |
| Section 81Placement of accused during preparation of opinion |
| Section 81aPhysical examination of accused; permissible physical interventions |
| Section 81bPhotographs and fingerprints of accused |
| Section 81cExamination of other persons |
| Section 81dPhysical examination by persons of same sex |
| Section 81eMolecular and genetic analysis |
| Section 81fProcedure for molecular and genetic analysis |
| Section 81gDNA profiling |
| Section 81hSerial DNA screening |
| Section 82Form of opinion in preliminary investigation |
| Section 83Order for rendering of new opinion |
| Section 84Compensation of experts |
| Section 85Expert witnesses |
| Section 86Judicial inspection |
| Section 87Post-mortem, autopsy, exhumation |
| Section 88Identification of deceased before autopsy |
| Section 89Extent of autopsy |
| Section 90Autopsy of newborn |
| Section 91Examination of corpse upon suspicion of poisoning |
| Section 92Opinions upon suspicion of counterfeiting of money or official stamps |
| Section 93Handwriting analysis |
Division 8
Investigation measures |
| Section 94Securing and seizure of objects for evidentiary purposes |
| Section 95Obligation to surrender |
| Section 95aDeferring notification of accused; prohibition of disclosure |
| Section 96Papers in official custody |
| Section 97Prohibition of seizure |
| Section 98Procedure for seizure |
| Section 98aDragnet investigation |
| Section 98bProcedure for dragnet investigation |
| Section 98cAutomated data matching with available data |
| Section 99Seizure of postal items and request for information |
| Section 100Procedure for seizure of postal items and request for information |
| Section 100aTelecommunications surveillance |
| Section 100bCovert remote search of information technology systems |
| Section 100cAcoustic surveillance of private premises |
| Section 100dCore area of private conduct of life; persons authorised to refuse to give evidence |
| Section 100eProcedure for measures under sections 100a to 100c |
| Section 100fAcoustic surveillance outside of private premises |
| Section 100gTraffic data capture |
| Section 100hOther measures outside of private premises |
| Section 100iTechnical investigation measures in respect of mobile terminals |
| Section 100jSubscriber data request |
| Section 100kCapture of usage data in respect of digital services |
| Section 101Procedural rules for undercover measures |
| Section 101aCourt decision; labelling and analysis of data; notification requirements in respect of traffic and usage data |
| Section 101bStatistics; reporting requirements |
| Section 102Search of accused’s premises and person |
| Section 103Search of other persons’ premises |
| Section 104Night-time search |
| Section 105Procedure for searches |
| Section 106Calling in occupant of premises to be searched |
| Section 107Notification of reason for search; inventory |
| Section 108Seizure of other objects |
| Section 109Marking of seized objects |
| Section 110Examination of identity papers and electronic storage media |
| Section 110aUndercover investigators |
| Section 110bProcedure for deployment of undercover investigators |
| Section 110cPowers of undercover investigators |
| Section 110dSpecial procedure for operations to investigate offences under sections 176e and 184b Criminal Code |
| Section 111Setting up of checkpoints at public places |
| Section 111aProvisional disqualification from driving |
| Section 111bSeizure to secure confiscation or rendering unusable of object |
| Section 111cEnforcement of seizure |
| Section 111dEffect of enforcement of seizure; return of movable property |
| Section 111eAsset seizure to secure confiscation of equivalent sum of money |
| Section 111fEnforcement of asset seizure |
| Section 111gSetting aside of enforcement of asset seizure |
| Section 111hEffect of enforcement of asset seizure |
| Section 111iInsolvency proceedings |
| Section 111jProcedure for ordering seizure and asset seizure |
| Section 111kProcedure for enforcing seizure and asset seizure |
| Section 111lNotification requirements |
| Section 111mManagement of seized or attached items |
| Section 111nSurrender of movable property |
| Section 111oProcedure for surrender |
| Section 111pEmergency sale |
| Section 111qSeizure of manifested content and equipment |
Division 9
Arrest and provisional arrest |
| Section 112Conditions for remand detention; grounds for arrest |
| Section 112aDanger of recidivism as ground for arrest |
| Section 113Remand detention for less serious offences |
| Section 114Warrant of arrest |
| Section 114aIssuance of warrant of arrest; translations |
| Section 114bInstruction of arrested accused |
| Section 114cNotification of relatives |
| Section 114dInformation communicated to penal institution |
| Section 114eInformation passed on by penal institution |
| Section 115Appearance before competent judge |
| Section 115aAppearance before judge at nearest local court |
| Section 116Suspension of enforcement of warrant of arrest |
| Section 116aSuspension upon provision of security |
| Section 116bRelationship between remand detention and other measures involving deprivation of liberty |
| Section 117Review of detention |
| Section 118Procedure for review of detention |
| Section 118aOral hearing for review of remand detention |
| Section 118bApplication of provisions concerning appellate remedies |
| Section 119Restrictions during remand detention relating to grounds for arrest |
| Section 119aCourt decision on measure taken by enforcing authority |
| Section 120Revocation of warrant of arrest |
| Section 121Continuation of remand detention beyond six months |
| Section 122Special review of detention by higher regional court |
| Section 122aMaximum duration of remand detention in case of danger of recidivism |
| Section 123Revocation of measures to suspend enforcement of detention |
| Section 124Forfeiture of security paid |
| Section 125Competence for issuance of warrant of arrest |
| Section 126Competence for further court decisions |
| Section 126aProvisional placement |
| Section 127Provisional arrest |
| Section 127aExemption from order for or continuation of provisional arrest |
| Section 127bProvisional arrest and warrant of arrest in accelerated proceedings |
| Section 128Appearance following provisional arrest |
| Section 129Appearance following provisional arrest after preferment of public charges |
| Section 130Warrant of arrest prior to filing request to prosecute |
Division 9a
Further measures to secure criminal prosecution and enforcement of sentence |
| Section 131Alert for arrest |
| Section 131aAlert to determine whereabouts |
| Section 131bPublication of images of accused or witness |
| Section 131cOrder for and confirmation of searches |
| Section 132Provision of security; authorised recipient |
Division 9b
Provisional disqualification from exercising profession |
| Section 132aOrder for and revocation of provisional disqualification from exercising profession |
Division 10
Examination of accused |
| Section 133Summons |
| Section 134Appearance before judge |
| Section 135Immediate examination |
| Section 136Examination |
| Section 136aProhibited examination methods; prohibited evidence |
Division 11
Defence |
| Section 137Accused’s right to assistance of defence counsel |
| Section 138Own choice of defence counsel |
| Section 138aExclusion of defence counsel |
| Section 138bExclusion of defence counsel in case of danger to national security |
| Section 138cCompetence for decision on exclusion of defence counsel |
| Section 138dProcedure for exclusion of defence counsel |
| Section 139Transferral of defence to trainee lawyer |
| Section 140Mandatory defence |
| Section 141Time point for appointment of court-appointed defence counsel |
| Section 141aExaminations and identity parades prior to appointment of defence counsel |
| Section 142Competence and appointment procedure |
| Section 143Duration and revocation of appointment |
| Section 143aAppointment of new defence counsel |
| Section 144Additional court-appointed defence counsel |
| Section 145Court-appointed defence counsel’s failure or refusal to appear |
| Section 145aService on defence counsel |
| Section 146Prohibition of joint defence counsel |
| Section 146aRejection of accused’s own choice of defence counsel |
| Section 147Right to inspect files, right of inspection; accused’s right to information |
| Section 148Accused’s communications with defence counsel |
| Section 148aImplementation of surveillance measures |
| Section 149Admission of assisting counsel |
| Section 150(repealed) |
Book 2
Proceedings at first instance |
Division 1
Public charges |
| Section 151Principle of indictment |
| Section 152Indicting authority; principle of mandatory prosecution |
| Section 152aProvisions of Land law governing prosecution of elected representatives |
| Section 153Non-prosecution of petty offences |
| Section 153aNon-prosecution subject to imposition of conditions and directions |
| Section 153bNon-prosecution where imposition of penalty may be dispensed with |
| Section 153cNon-prosecution of offences committed abroad |
| Section 153dNon-prosecution of offences against national security owing to overriding public interests |
| Section 153eNon-prosecution of offences against national security for active remorse (tätige Reue) |
| Section 153fNon-prosecution of offences under Code of Crimes against International Law |
| Section 154Partial termination upon commission of several offences |
| Section 154aLimitation of prosecution |
| Section 154bNon-prosecution in case of extradition and expulsion |
| Section 154cNon-prosecution of victim of coercion (Nötigung) or extortion |
| Section 154dProsecution following prior civil-law or administrative-law issue |
| Section 154eNon-prosecution of casting of false suspicion or insult |
| Section 154fTermination in case of temporary obstacles |
| Section 155Scope of judicial investigation and decision |
| Section 155aVictim–offender mediation |
| Section 155bConduct of victim–offender mediation |
| Section 156Withdrawal of charges |
| Section 157Meaning of ‘indicted accused’ and ‘defendant’ |
Division 2
Preparation of public charges |
| Section 158Report of offence; request to prosecute |
| Section 159Obligation to report finding of corpse and suspicion of unnatural death |
| Section 160Obligation to clarify facts |
| Section 160aMeasures directed at persons entitled to refuse testimony on professional grounds |
| Section 160bDiscussion of status of proceedings with parties |
| Section 161Public prosecution office’s general investigatory powers |
| Section 161aExamination of witnesses and experts by public prosecution office |
| Section 162Investigating judge |
| Section 163Role of police in preliminary investigation |
| Section 163aExamination of accused |
| Section 163bMeasures to establish identity |
| Section 163cDeprivation of liberty to establish identity |
| Section 163dStorage and matching of data obtained at checkpoints |
| Section 163eOrder for observation during police checks |
| Section 163fLonger-term observation |
| Section 163gAutomatic vehicle number plate capture |
| Section 164Arrest of persons disrupting official activities |
| Section 165Judicial investigatory acts in exigent circumstances |
| Section 166Accused’s applications to take evidence during judicial examination |
| Section 167Further directions issued by public prosecution office |
| Section 168Record of judicial investigatory acts |
| Section 168aForm of record; recordings |
| Section 168bRecord of investigating authoritiesʼ investigatory acts |
| Section 168cRight to be present during judicial examination |
| Section 168dRight to be present during judicial inspection |
| Section 168eSeparate examination of witnesses |
| Section 169Investigating judges at higher regional court and Federal Court of Justice |
| Section 169aNote of conclusion of investigations |
| Section 170Decision to prefer public charges |
| Section 171Order terminating proceedings |
| Section 172Complaint by aggrieved person; proceedings to compel public charges |
| Section 173Court procedure after filing of application |
| Section 174Dismissal of application |
| Section 175Order for preferment of public charges |
| Section 176Applicant’s provision of security |
| Section 177Costs |
Division 3
(repealed) |
Division 4
Decision on opening of main proceedings |
| Section 198(repealed) |
| Section 199Decision on opening of main proceedings |
| Section 200Content of bill of indictment |
| Section 201Communication of bill of indictment |
| Section 202Order for taking of additional evidence |
| Section 202aDiscussion of status of proceedings with parties |
| Section 203Decision to open main proceedings |
| Section 204Decision not to open main proceedings |
| Section 205Termination owing to temporary obstacles |
| Section 206Applications not binding on court |
| Section 206aTermination owing to impediments |
| Section 206bTermination following legislative amendment |
| Section 207Content of order opening main proceedings |
| Section 208(repealed) |
| Section 209Competence to open proceedings |
| Section 209aSpecial functional jurisdictions |
| Section 210Appellate remedies against order opening or refusing to open proceedings |
| Section 211Resumption following refusal to open main proceedings |
Division 5
Preparation of main hearing |
| Section 212Discussion of status of proceedings with parties |
| Section 213Setting of date for main hearing |
| Section 214Summonses issued by presiding judge; gathering of evidence |
| Section 215Service of order opening main proceedings |
| Section 216Summoning of defendant |
| Section 217Time limit for summons |
| Section 218Summoning of defence counsel |
| Section 219Defendant’s applications to take evidence |
| Section 220Direct summons by defendant |
| Section 221Ex officio gathering of evidence |
| Section 222Naming of witnesses and expert witnesses |
| Section 222aNotification of composition of court |
| Section 222bObjections to composition of court |
| Section 223Examination by commissioned or requested judges |
| Section 224Notification of parties of date of hearing |
| Section 225Judicial inspection by commissioned or requested judges |
| Section 225aChange of jurisdiction prior to main hearing |
Division 6
Main hearing |
| Section 226Uninterrupted presence |
| Section 227More than one public prosecutor and defence counsel |
| Section 228Suspension and interruption |
| Section 229Maximum period of interruption |
| Section 230Defendant’s failure to appear |
| Section 231Defendant’s duty to be present |
| Section 231aBringing about of unfitness to stand trial with intent |
| Section 231bContinuation after defendant’s removal to maintain public order |
| Section 231cLeave of absence of individual defendants and court-appointed defence counsel |
| Section 232Conduct of hearing despite defendant’s failure to appear |
| Section 233Defendant’s release from obligation to appear |
| Section 234Representation of absent defendant |
| Section 234aRights of defence counsel representing absent defendant |
| Section 235Restoration of status quo ante in case of hearing in defendant’s absence |
| Section 236Order for defendant to appear in person |
| Section 237Joinder of several criminal cases |
| Section 238Conduct of hearing |
| Section 239Cross-examination |
| Section 240Right to ask questions |
| Section 241Presiding judge’s right to reject questions |
| Section 241aExamination of underage witnesses by presiding judge |
| Section 242Decision on admissibility of questions |
| Section 243Course of main hearing |
| Section 244Taking of evidence; inquisitorial system; rejection of applications to take evidence |
| Section 245Extent of taking of evidence; evidence produced |
| Section 246Rejection of applications to take evidence submitted out of time |
| Section 246aExamination of expert before taking decision on placement |
| Section 247Defendant’s removal from courtroom during examination of co-defendants and witnesses |
| Section 247aOrder for witness examination via audio-visual means |
| Section 248Discharge of witnesses and experts |
| Section 249Furnishing of documentary evidence by reading out of documents; taking cognisance of wording of documents |
| Section 250Principle of examination in person |
| Section 251Furnishing of documentary evidence by reading out of records |
| Section 252Prohibition of reading out of records following witness’s refusal to testify |
| Section 253Reading out of records to refresh memory |
| Section 254Reading out of judge’s record following confession or in case of contradictions |
| Section 255Record of statements read out |
| Section 255aShowing of audio-visual recording of witness examination |
| Section 256Reading out of statements by public authorities and experts |
| Section 257Questioning of defendant and right to make statement after taking of evidence |
| Section 257aForm of applications and proposals regarding questions of procedure |
| Section 257bDiscussion of status of proceedings with parties |
| Section 257cNegotiated agreement |
| Section 258Closing speeches; right to have last word |
| Section 259Interpreters |
| Section 260Judgment |
| Section 261Principle of judge’s free evaluation of evidence |
| Section 262Decisions on preliminary civil-law issues |
| Section 263Vote |
| Section 264Subject matter of judgment |
| Section 265Change in legal reference or facts |
| Section 265aQuestioning of accused before conditions or directions |
| Section 266Supplementary charges |
| Section 267Reasons for judgment |
| Section 268Pronouncement of judgment |
| Section 268aSuspension of enforcement of sentences or measures of reform and prevention on probation |
| Section 268bOrder for continuation of remand detention |
| Section 268cInstruction prior to imposition of driving ban |
| Section 268dInstruction in case of preventive detention reserved |
| Section 269Prohibition of referral if court of lower rank has jurisdiction |
| Section 270Referral if court of higher rank has jurisdiction |
| Section 271Record of main hearing |
| Section 272Content of record of main hearing |
| Section 273Additional content of record |
| Section 274Probative value of record |
| Section 275Time limit for issue of judgment copy and form of judgment |
Division 7
Decision on order for preventive detention reserved in judgment or subsequent order for preventive detention |
| Section 275aInstitution of proceedings; main hearing; order for placement |
Division 8
Proceedings against absent persons |
| Section 276Meaning of ‘absent’ |
| Sections 277 to 284(repealed) |
| Section 285Purpose of securing of evidence |
| Section 286Representation of absent persons |
| Section 287Notification of absent persons |
| Section 288Public request to appear before court or report whereabouts |
| Section 289Taking of evidence by commissioned or requested judge |
| Section 290Seizure of property |
| Section 291Publication of seizure orders |
| Section 292Effect of publication |
| Section 293Revocation of seizure |
| Section 294Procedure following preferment of charges |
| Section 295Safe conduct |
Book 3
Appellate remedies |
Division 1
General provisions |
| Section 296Persons entitled to file appellate remedies |
| Section 297Filing by defence counsel |
| Section 298Filing by statutory representative |
| Section 299Making of oral statements following deprivation of liberty |
| Section 300Incorrect designation of admissible appellate remedy |
| Section 301Effect of appellate remedy filed by public prosecution office |
| Section 302Withdrawal and waiver |
| Section 303Requirement of opponent’s consent to withdrawal |
Division 2
Complaint |
| Section 304Admissibility |
| Section 305Decisions not subject to complaint |
| Section 305aComplaint against order suspending sentence |
| Section 306Filing; redress proceedings |
| Section 307No obstacle to enforcement |
| Section 308Powers of court hearing complaint |
| Section 309Decision |
| Section 310Further complaint |
| Section 311Immediate complaint |
| Section 311aSubsequent hearing of opponent |
Division 3
Appeal on points of fact and law
(Berufung) |
| Section 312Admissibility |
| Section 313Appeal on points of fact and law against minor fines and regulatory fines subject to acceptance for adjudication |
| Section 314Form and time limits |
| Section 315Appeal on points of fact and law and application for restoration of status quo ante |
| Section 316Obstacle to finality of judgment |
| Section 317Grounds for appeal on points of fact and law |
| Section 318Restriction of appeal on points of fact and law |
| Section 319Filing out of time |
| Section 320Submission of files to public prosecution office |
| Section 321Transmission of files to court of appeal |
| Section 322Dismissal without main hearing |
| Section 322aDecision whether to accept appeal |
| Section 323Preparation of main hearing on appeal on points of fact and law |
| Section 324Course of main hearing on appeal on points of fact and law |
| Section 325Reading out of documents |
| Section 326Closing speeches |
| Section 327Extent of review of judgment |
| Section 328Content of judgment |
| Section 329Defendant’s failure to appear; representation in main hearing on appeal |
| Section 330Measures in case of appointment of statutory representative |
| Section 331Prohibition of reformatio in peius |
| Section 332Application of provisions on main proceedings before court of first instance |
Division 4
Appeal on points of law
(Revision) |
| Section 333Admissibility |
| Section 334(repealed) |
| Section 335Immediate appeal on points of law in lieu of appeal on points of fact and law |
| Section 336Review of decisions preceding judgment |
| Section 337Grounds for appeal on points of law |
| Section 338Absolute grounds for appeal on points of law |
| Section 339Legal norms for defendant’s benefit |
| Section 340Appeal on points of law against judgment on appeal on points of fact and law by defendants with legal representation |
| Section 341Form and time limits |
| Section 342Appeal on points of law and application for restoration of status quo ante |
| Section 343Obstacle to finality of judgment |
| Section 344Grounds for appeal on points of law |
| Section 345Time limit for stating grounds for appeal on law |
| Section 346Belated or improper filing |
| Section 347Service; response; submission of files to appeal court |
| Section 348Lack of jurisdiction |
| Section 349Decision without main hearing |
| Section 350Main hearing on appeal on points of law |
| Section 351Course of main hearing on appeal on points of law |
| Section 352Extent of review of judgment |
| Section 353Quashing of judgment and findings |
| Section 354Own decision on merits; referral to lower court |
| Section 354aDecision in event of legislative amendment |
| Section 355Referral to competent court |
| Section 356Pronouncement of judgment |
| Section 356aViolation of right to be heard when taking decision on appeal |
| Section 357Effect on persons convicted in same proceedings |
| Section 358Binding effect on lower court; prohibition of reformatio in peius |
Book 4
Reopening of proceedings concluded by final judgment |
| Section 359Reopening for convicted person’s benefit |
| Section 360No obstacle to enforcement |
| Section 361Reopening following enforcement of sentence or death of convicted person |
| Section 362Reopening to convicted person’s detriment |
| Section 363Inadmissibility |
| Section 364Allegation of offence |
| Section 364aAppointment of defence counsel for reopened proceedings |
| Section 364bAppointment of defence counsel to prepare reopened proceedings |
| Section 365Operation of general provisions on appellate remedies regarding application |
| Section 366Content and form of application |
| Section 367Jurisdiction; decision without oral hearing |
| Section 368Dismissal for inadmissibility |
| Section 369Taking of evidence |
| Section 370Decision on well-foundedness |
| Section 371Acquittal without new main hearing |
| Section 372Immediate complaint |
| Section 373Judgment after new main hearing; prohibition of reformatio in peius |
| Section 373aProcedure for summary penalty order |
Book 5
Participation of aggrieved persons in proceedings |
Division 1
Definition |
| Section 373bMeaning of ʻaggrieved personʼ |
| Division 2Private prosecution |
| Section 374Admissibility; persons entitled to bring private prosecution |
| Section 375More than one person entitled to bring private prosecution |
| Section 376Preferment of public charges in respect of offences open to private prosecution |
| Section 377Participation of public prosecutor; assumption of prosecution |
| Section 378Assistance for and representation of private prosecutor |
| Section 379Provision of security; legal aid |
| Section 379aPayment of advance for fees |
| Section 380Unsuccessful attempt at reconciliation as condition for admissibility |
| Section 381Preferment of charges |
| Section 382Communication of charges |
| Section 383Order opening or refusing to open main hearing; termination in case of minor guilt |
| Section 384Further procedure |
| Section 385Status of private prosecutor; summons; inspection of files |
| Section 386Summons of witnesses and experts |
| Section 387Representation at main hearing |
| Section 388Countercharges |
| Section 389Termination by judgment upon suspicion of public offence |
| Section 390Appellate remedies available to private prosecutors |
| Section 391Withdrawal of private prosecution; dismissal in event of defects; restoration of status quo ante |
| Section 392Effect of withdrawal |
| Section 393Death of private prosecutor |
| Section 394Notification of accused |
Division 3
Private accessory prosecution |
| Section 395Right to join as private accessory prosecutor |
| Section 396Declaration of joinder; decision on right of joinder |
| Section 397Rights of private accessory prosecutor |
| Section 397aAppointment of lawyer as assisting counsel; legal aid |
| Section 397bJoint assisting counsel for private accessory prosecutors |
| Section 398Course of proceedings following joinder |
| Section 399Notification and contestability of previous decisions |
| Section 400Private accessory prosecutor’s right to appellate remedy |
| Section 401Appellate remedy available to private accessory prosecutor |
| Section 402Revocation of declaration of joinder; death of private accessory prosecutor |
Division 4
Adhesion proceedings |
| Section 403Assertion of rights in adhesion proceedings |
| Section 404Application; legal aid |
| Section 405Settlement |
| Section 406Decision on application in criminal judgment; dispensing with decision |
| Section 406aAppellate remedies |
| Section 406bEnforcement |
| Section 406cReopening of proceedings |
Division 5
Other rights of aggrieved persons |
| Section 406dNotification of status of proceedings |
| Section 406eInspection of files |
| Section 406fAssistance for aggrieved persons |
| Section 406gPsychosocial assistance in legal proceedings |
| Section 406hAssisting counsel for aggrieved persons entitled to private accessory prosecution |
| Section 406iNotification of aggrieved persons of rights in criminal proceedings |
| Section 406jNotification of aggrieved persons of rights outside criminal proceedings |
| Section 406kFurther information |
| Section 406lRights of aggrieved persons’ relatives and heirs |
Book 6
Special types of procedure |
Division 1
Procedure for summary penalty orders |
| Section 407Admissibility |
| Section 408Judicial decisions on application for summary penalty order |
| Section 408aApplication for summary penalty order after opening of main proceedings |
| Section 408bAppointment of defence counsel following application for sentence of imprisonment |
| Section 409Content of summary penalty order |
| Section 410Objection; form of and time limit for objection; finality of judgment |
| Section 411Dismissal for inadmissibility; date of main hearing |
| Section 412Defendant’s failure to appear; dismissal of objection |
Division 2
Preventive detention proceedings |
| Section 413Admissibility |
| Section 414Procedure; application |
| Section 415Main hearing without accused |
| Section 416Transition to criminal proceedings |
Division 2a
Accelerated proceedings |
| Section 417Admissibility |
| Section 418Conduct of main hearing |
| Section 419Court decision; sentence |
| Section 420Taking of evidence |
Division 3
Procedure for confiscation and asset seizure |
| Section 421Exemption from confiscation |
| Section 422Separation of confiscation proceedings |
| Section 423Confiscation following separation |
| Section 424Parties to confiscation proceedings in criminal proceedings |
| Section 425Exemption from participation in proceedings |
| Section 426Hearing of possible parties to confiscation proceedings in preparatory proceedings |
| Section 427Powers of parties to confiscation proceedings in main proceedings |
| Section 428Representation of parties to confiscation proceedings |
| Section 429Notification of date of main hearing |
| Section 430Status in main hearing |
| Section 431Appellate proceedings |
| Section 432Confiscation by way of summary penalty order |
| Section 433Subsequent proceedings |
| Section 434Decision in subsequent proceedings |
| Section 435Independent confiscation proceedings |
| Section 436Decision in independent confiscation proceedings |
| Section 437Special provisions governing independent confiscation proceedings |
| Section 438Accessory parties in criminal proceedings |
| Section 439Legal consequences equivalent to confiscation |
| Sections 440 to 442(repealed) |
| Section 443Seizure of property |
Division 4
Procedure for imposition of regulatory fines against legal entities and associations |
| Section 444Procedure |
| Sections 445 to 448(repealed) |
Book 7
Enforcement of sentence and costs of proceedings |
Division 1
Enforcement of sentence |
| Section 449Enforceability |
| Section 450Crediting of remand detention and disqualification from driving |
| Section 450aCrediting of deprivation of liberty undergone abroad |
| Section 451Enforcing authority |
| Section 452Right to grant pardon |
| Section 453Subsequent decision on suspension of sentence on probation or warning with sentence reserved |
| Section 453aInstruction on suspension of sentence or warning with sentence reserved |
| Section 453bSupervision during probation period |
| Section 453cProvisional measures prior to revocation of suspension |
| Section 454Suspension of remainder of sentence of imprisonment on probation |
| Section 454aStart of probation period; revocation of suspension of remainder of sentence |
| Section 454bSequence of enforcement of sentences of imprisonment and default imprisonment; interruption |
| Section 455Postponement of enforcement of sentence of imprisonment owing to unfitness to serve |
| Section 455aPostponement of enforcement of sentence on organisational grounds |
| Section 456Temporary postponement |
| Section 456aExemption from enforcement in case of extradition, transfer or expulsion |
| Section 456b(repealed) |
| Section 456cPostponement and suspension of prohibition of exercising profession |
| Section 457Investigatory acts; order to appear before judge, warrant of arrest for enforcement of sentence of imprisonment |
| Section 458Court decisions on enforcement of sentence |
| Section 459Recovery of fine; operation of Act on the Recovery of Claims of the Judicial Authorities |
| Section 459aAuthorisation to relax payment conditions |
| Section 459bCrediting of instalments |
| Section 459cRecovery of fine |
| Section 459dNon-recovery of fine |
| Section 459eEnforcement of default imprisonment |
| Section 459fExemption from enforcement of default imprisonment |
| Section 459gEnforcement of incidental legal consequences |
| Section 459hCompensation |
| Section 459iNotification requirements |
| Section 459jProcedure for return and surrender |
| Section 459kProcedure for disbursement of proceeds of realisation |
| Section 459lRights of persons concerned |
| Section 459mCompensation in other cases |
| Section 459nPayments following confiscation of equivalent sum of money |
| Section 459oObjections against decisions of enforcing authority |
| Section 460Subsequent formation of aggregate sentence |
| Section 461Crediting of period of time spent in hospital |
| Section 462Procedure for court decisions; immediate complaint |
| Section 462aJurisdiction of criminal chamber responsible for enforcement of sentence and of court of first instance |
| Section 463Enforcement of measures of reform and prevention |
| Section 463aJurisdiction and powers of supervisory authorities |
| Section 463bSeizure of driving licence |
| Section 463cPublic announcement of conviction and sentence |
| Section 463dCourt assistance agency |
| Section 463eOral hearing by way of audio-visual transmission |
Division 2
Costs of proceedings |
| Section 464Decision on costs and expenses; immediate complaint |
| Section 464aCosts of proceedings; necessary expenses |
| Section 464bAssessment of costs |
| Section 464cCosts of appointing translator or interpreter for indicted accused |
| Section 464dDistribution of expenses |
| Section 465Convicted persons’ obligation to pay costs |
| Section 466Co-convicted persons’ liability for expenses as joint and several debtors |
| Section 467Costs and necessary expenses on acquittal, non-opening and termination |
| Section 467aTreasury expenses on termination following withdrawal of charges |
| Section 468Costs following ruling of non-liability for punishment |
| Section 469Costs charged to person making reckless or intentionally untrue report |
| Section 470Costs of withdrawing request to prosecute |
| Section 471Costs of private prosecution |
| Section 472Necessary expenses of private accessory prosecutor |
| Section 472aCosts and necessary expenses of adhesion proceedings |
| Section 472bCosts and necessary expenses of involved third parties |
| Section 473Costs of withdrawn or unsuccessful appellate remedies; costs of restitution of status quo ante |
| Section 473aCosts and necessary expenses of separate decision on lawfulness of investigation measure |
Book 8
Protection and use of data |
Division 1
Provision of information and inspection of files, other use of data for overarching purposes |
| Section 474Provision of information to and inspection of files by judicial and other public authorities |
| Section 475Provision of information to and inspection of files by private individuals and other agencies |
| Section 476Provision of information and inspection of files for research purposes |
| Section 477Ex officio data transmission |
| Section 478Form of data transmission |
| Section 479Prohibition of data transmission and restrictions of use |
| Section 480Decision on data transmission |
| Section 481Use of personal data for police purposes |
| Section 482Notification of file reference number and outcome of criminal proceedings to police |
Division 2
Provisions on data processing |
| Section 483Data processing for purposes of criminal proceedings |
| Section 484Data processing for purposes of future criminal proceedings; authorisation to issue statutory instruments |
| Section 485Data processing for purposes of administration of proceedings |
| Section 486Shared file systems |
| Section 487Transmission of stored data; provision of information |
| Section 488Automated data transmission procedures |
| Section 489Deletion and restriction of processing of data |
| Section 490Order creating automated file systems |
| Section 491Information provided to data subjects |
Division 3
National register of proceedings conducted by public prosecution offices |
| Section 492Central register of proceedings conducted by public prosecution offices |
| Section 493Automated data transmission procedure |
| Section 494Correction, deletion and restriction of processing of data; authorisation to issue statutory instruments |
| Section 495Information provided to data subjects |
Division 4
Protection of personal data in electronic files; use of personal data extracted from electronic files |
| Section 496Use of personal data in electronic files |
| Section 497Data processing on behalf of data controller |
| Section 498Use of personal data extracted from electronic files |
| Section 499Deletion of electronic copies of files |
Division 5
Operation of Federal Data Protection Act |
| Section 500Corresponding application |
