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 25. März 2022 (BGBl. I, S. 571)
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 amendments to the Act by Article 2 of the Act of 25 March 2022 (Federal Law Gazette I, p. 571)
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 telemedia 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 2
Private 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 |
