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(1) Whoever is aggrieved by an unlawful act under
1.
sections 174 to 182, sections 184i and 184j of the Criminal Code,
2.
sections 211 and 212 of the Criminal Code, if it is an attempted act,
3.
sections 221, 223 to 226a and 340 of the Criminal Code,
4.
sections 232 to 238, section 239 (3), sections 239a and 239b, and section
240 (4) of the Criminal Code,
5.
section 4 of the Act on Civil Law Protection against Violent Acts and Stalking
(
Gewaltschutzgesetz
),
6.
section 142 of the Patent Act, section 25 of the Utility Models Act, section 10
of the Semi-Conductor Protection Act, section 39 of the Plant Variety
Protection Act, sections 143 to 144 of the Trade Mark Act, sections 51 and
65 of the Design Act, sections 106 to 108b of the Copyright Act, section 33
of the Act on the Copyright of Works of Fine Art and Photography, section 16
of the Act against Unfair Competition and section 23 of the Act on the
Protection of Trade Secrets
may join a public prosecution or an application in preventive detention proceedings
as private accessory prosecutor.
(2) The same right shall vest in persons
1.
whose children, parents, siblings, spouse or life partner were killed through
an unlawful act or
2.
who, through an application for a court decision (section 172), have initiated
the preferment of public charges.
(3) Whoever is aggrieved by another unlawful act, in particular one under sections
185 to 189, section 229, section 244 (1) no. 3 and (4), sections 249 to 255 and
section 316a of the Criminal Code may join the public prosecution as private
accessory prosecutor if, for specific reasons, in particular on account of the serious
consequences of the act, this is deemed necessary to safeguard his interests.
(4) Joinder shall be admissible at any stage of the proceedings. It may also be
effected for the purpose of seeking an appellate remedy after judgment has been
given.
(5) If prosecution is limited pursuant to section 154a, this shall not affect the right to
join the public prosecution as private accessory prosecutor. If the private accessory
prosecutor is admitted to the proceedings, a limitation pursuant to section 154a (1)
or (2) shall not apply insofar as it concerns the private accessory prosecution.
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