Definitions: Explanation of legal terms and abbreviations
Accused
In the judicial proceedings, the person against whom a claim was admitted and the trial was opened
Section 157 of the German Code of Criminal Procedure
Accused
In the criminal proceedings, the suspected person against whom a claim was filed and investigations are conducted
Section 157 of the German Code of Criminal Procedure
Adhesive Procedure
Procedure for providing compensation to the aggrieved person within the framework of the criminal proceedings. A request is required.
Sections 403 and further sections of the German Code of Criminal Procedure (StPO)
Aggrieved person
Person whose right was violated directly by a crime; in case of a homicide also the relatives of the victim.
Section 171, 172, 403, 406d and further sections of the German Code of Criminal Procedure (StPO)
Appeal on fact and law
Appeal against a judgment of the local court in criminal cases which is lodged in order to initiate a review of the judgment in a new hearing at the regional court
Section 312 and further sections of the German Code of Criminal Procedure (StPO)
Appeal on law
Appeal against a judgment of the local court or the regional court in criminal cases which is lodged in order check the judgment for correct application of the law
Sections 333, 335 and further sections of the German Code of Criminal Procedure (StPO)
Charge
Document containing the crime the accused is/are charged with, including time and scene of the crime, the penal provisions and the evidence
Section 200 of the German Code of Criminal Procedure
Declaration of joinder
Written declaration by which the private accessory prosecutor joins the public charges. The declaration of joinder may be submitted by the private accessory prosecutor or his/her lawyer.
Section 396 of the German Code of Criminal Procedure
Experts
A person who has acquired expert knowledge in a certain field and is tasked by public prosecution office or the court to contribute this knowledge in the criminal proceedings.
Sections 72 and further sections of the German Code of Criminal Procedure (StPO)
File Reference
"Reference number" of the proceedings, to be used to request information from the police, the public prosecution office and the court. Is indicated on every document.
GVG
German Courts Constitution Act
Initiation of Criminal Proceedings
Written declaration to the police and the public prosecution office that you want the criminal prosecution of the perpetrator.
Sections 77 and further sections of the German Criminal Code (StGB), Section 158 of the German Code of Criminal Procedure (StPO)
Joint plaintiff
Aggrieved person who has joined the public prosecution
Section 395 of the German Code of Criminal Procedure
Legal aid
Financial support provided by the government in order to enable the aggrieved person to pay the costs for the participation in the criminal proceedings
Sections 172, 397 a, 406 g and further sections of the German Code of Criminal Procedure (StPO)
Legal counsel
Person who supports a witness on a voluntary or a professional basis
Section 406 f of the German Code of Criminal Procedure (StPO)
Legal force
An issue once decided by the court may not be litigated again.
Legal representative of the private accessory prosecution
Lawyer tasked by the joint plaintiff with the legal representation during the criminal proceedings
Sections 397 and 397 a of the German Code of Criminal Procedure (StPO)
Not criminally liable
A person is not criminally liable if he/she cannot realise a wrong committed or cannot act according to that insight and can therefore not be convicted for an offence (caused by alcohol, drug abuse or a severe mental illness or disorder at the time of the crime).
Section 20 of the German Criminal Code
Penal order
Judgment drafted by the public prosecution office and reviewed and signed by the judge
Sections 407 and further sections of the German Code of Criminal Procedure (StPO)
Placement
Compulsory detainment of a person in a psychiatric hospital, a centre for addiction or in preventive detention
Sections 63, 64, 66 of the German Criminal Code
Psychosocial court assistance
Particularly intense assistance and support during the criminal proceedings and in everyday life by a specialised person
Section 406 h of the German Code of Criminal Procedure
Public
Citizens independent of their nationality, religion, colour and gender as well as representatives of the media; the participation of the public in the main hearing of criminal proceedings is basically intended to fulfil the interest in information and to supervise the proceedings (protection from the arbitrary abuse of power).
Section 169, German Courts Constitution Act (GVG)
Right to refuse testimony
The right to refuse testimony frees a witness under certain conditions from the obligation to testify.
Section 52 and further sections of the German Code of Criminal Procedure (StPO)
StPO
Code of Criminal Procedure
Warrant of arrest
Judicial order to temporarily arrest an accused person; the enforcement of the warrant of arrest may be suspended under specific conditions
Sections 112, 112a and further sections of the German Code of Criminal Procedure (StPO)
Witness
Person reporting on his/her perception of an incident, involved persons or third parties
Section 48 and further sections of the German Code of Criminal Procedure (StPO)
Witness adviser
Lawyer assigned to a witness for the duration of his/her examination because the witness himself cannot safeguard his/her rights himself/herself
Section 68 b of the German Code of Criminal Procedure (StPO)