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(1) The investigation and decision shall extend only to the offence specified and to
the persons accused in the charges.
(2) Within these limits, the courts shall be authorised and obliged to act
independently; in particular, they shall not be bound by the parties’ applications
when applying criminal law.
Section 155a
Victim
–offender mediation
At every stage of the proceedings the public prosecution office and the court are to
examine whether it is possible to reach a mediated agreement between the accused
and the aggrieved person. In appropriate cases, they are to work towards such
mediation. An agreement may not be accepted against the express will of the
aggrieved person.
Section 155b
Conduct of victim
–offender mediation
(1) For the purposes of victim
–offender mediation or restitution, the public
prosecution office and the court may transmit the necessary personal data ex officio
or upon application by an agency which they have commissioned to carry out the
mediation. The commissioned agency may be granted inspection of the files insofar
as the provision of information would require disproportionate effort. A non-public
agency shall be informed that the transmitted information may be used solely for the
purposes of the victim
–offender mediation or for restitution.
(2) The commissioned agency may only process and use the personal data
transmitted pursuant to subsection (1) to the extent that this is necessary to carry
out the victim
–offender mediation or the restitution and provided that the data
subject’s interests meriting protection do not present an obstacle thereto. The
commissioned agency may only collect personal data and only process and use
such information to the extent that the data subject has given his consent and that
this is necessary to carry out the victim
–offender mediation or the restitution. Upon
conclusion of their activity they shall report to the public prosecution office or the
court to the necessary extent.
(3) If the commissioned agency is not a public agency, the provisions of Part II of the
Federal Data Protection Act shall also apply if the information is not processed in or
from data files.
(4) Documentation containing the personal data referred to in subsection (2)
sentences 1 and 2 shall be destroyed by the commissioned agency upon expiry of
one year following conclusion of the criminal proceedings. The public prosecution
office or the court shall inform the commissioned agency ex officio
and without delay
of the time when proceedings are concluded.
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