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accused person or indicted accused in respect of whom a decision has been taken
to open the main proceedings.
Chapter 2
Preparation of public charges
Section 158
Report of offence; request to prosecute
(1) An offence may be reported orally or in writing to and a request to prosecute may
be filed orally or in writing with the public prosecution office, the police authorities
and police officers, and the local courts. An offence which is reported orally shall be
recorded in writing. Upon application, the aggrieved person is to be provided with
written confirmation of receipt of his report. Such confirmation is to include a short
summary of the aggrieved person’s statements regarding the time and place of
commission of the offence, and of the type of offence reported. Issuance of such
confirmation may be refused if the purpose of the investigation, including in relation
to other criminal proceedings, appears to be jeopardised.
(2) In the case of offences which may be prosecuted only upon request, the request
shall be made in writing or orally for the record to a court or to the public prosecution
office; if the request is made to another authority, it shall be made in writing.
(3) If an aggrieved person resident in Germany reports an offence committed in
another Member State of the European Union, the public prosecution office shall,
upon the request of the aggrieved person, transmit the report to the competent
prosecuting authority of the other Member State if the offence is not subject to
German criminal law or if prosecution of the offence is dispensed with pursuant to
section 153c (1) sentence 1 no. 1, also in conjunction with section 153f.
Transmission may be dispensed with if
1.
the offence and the circumstances of relevance for its prosecution are
already known to the competent foreign authority or
2.
the injustice done by means of the offence is minor and it would have been
possible for the aggrieved person to report the offence abroad.
(4) If the aggrieved person does not speak German, he shall be provided with the
necessary assistance in order to be able to report the offence in a language which
he speaks. In such cases, the written confirmation of the report referred to in
subsection (1) sentences 3 and 4 shall, upon application, be translated into a
language he understands; subsection (1) sentence 5 shall remain unaffected.
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