SECTION VIII - Private Charges Against An Offender

Author:K. Neumann
Profession:Sir
Pages:154
 
FREE EXCERPT
  1. In certain cases the person injured by an offence may play a part in the proceedings. He may do this by means of what is known as a Privatklage (private charge), or by a Nebenklage (accessory charge), sections 374 and 395. In cases of libel, bodily harm, damage to property etc. the person injured may initiate and institute proceedings in the place of the public prosecutor. The latter will prosecute only if it is in the public interest that he should do so. Procedure upon Privatklagen is in many respects the same as in other cases, but there are some important differences, viz., the Privatkliiger (private prosecutor) may at any time withdraw the charge, or make a compromise with the defendant; he cannot call on the police for assistance; he must give security for costs; in most cases proceedings may not be taken unless an attempt to reconcile the parties has been made and failed (Siihneversuch); in cases of minor importance the court can stop...

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