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(2) The court shall decide whether a person is entitled to join as a private accessory
prosecutor after hearing the public prosecution office. In the
cases under section
395 (3), it shall decide, after also hearing the indicted accused, whether joinder is
imperative on the grounds referred to therein; this decision shall not be contestable.
(3) If the court is considering terminating the proceedings pursuant to section 153
(2), section 153a (2), section 153b (2) or section 154 (2), it shall first decide on the
entitlement to joinder.
Section 397
Rights of private accessory prosecutor
(1) A private accessory prosecutor shall be entitled to be present at the main
hearing even if he is to be examined as a witness. He shall be summoned to the
main hearing; section 145a (2) sentence 1 and section 217 (1) and (3) shall apply
accordingly. A private accessory prosecutor shall also be entitled to challenge a
judge (sections 24 and 31) or an expert (section 74), to ask questions (section 240
(2)), to object to orders made by the presiding judge (section 238 (2)) and
to object
to questions (section 242), to apply for evidence to be taken (section 244 (3) to (6))
and to make statements (sections 257 and 258). Unless otherwise provided by law,
he shall be called in and heard to the same extent as the public prosecution office.
Decisions which are notified to the public prosecution office shall also
be notified to
the private accessory prosecutor; section 145a (1) and (3) shall apply accordingly.
(2) A private accessory prosecutor may avail himself of the assistance of a lawyer or
may be represented by such lawyer. The lawyer shall be entitled to
be present at the
main hearing. He shall be notified of the date set down for the main hearing if his
choice has been notified to the court or if he has been appointed as counsel.
(3) If the private accessory prosecutor does
not speak German, he shall, upon
application, in accordance with the provisions of section 187 (2), receive a
translation of written documentation insofar as this is necessary in order to exercise
his rights under the law of criminal procedure.
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