Attempt at Reconciliation; Filing a Petition

In the case of certain minor offenses that generally have little impact on the public (so-called offenses subject to private prosecution, e.g., defamation, property damage), the public prosecutor’s office will only initiate public prosecution if it is in the public interest. If the public prosecutor’s office does not pursue the case, the victim may file a private criminal complaint against the accused. In certain cases, however, a private criminal complaint may only be filed after an unsuccessful attempt at reconciliation has been made before the local municipality.

For the offenses of trespassing, defamation, violation of the privacy of correspondence, (intentional or negligent) bodily injury, threats, and property damage, a private prosecution may be filed with the local court only if an attempt at reconciliation has previously been made without success. The same applies if one of the aforementioned offenses is committed while intoxicated, thereby constituting an offense of public intoxication under Section 323a of the Criminal Code.

The municipality in whose territory both parties reside is responsible for conducting the attempt at reconciliation. If the parties reside in different municipalities, the attempt at reconciliation is not required.

The municipal authority responsible for conducting the attempt at reconciliation sets the date for the reconciliation hearing upon request by the person entitled to bring a private criminal action.

The parties may be represented by an attorney or another authorized representative (however, representation by an attorney is not mandatory).

The competent municipal authority shall work toward a reconciliation between the parties.

If the conciliation attempt is unsuccessful, a certificate to that effect is issued to the petitioner.

The applicant may then file a private criminal complaint with the competent local court.

A fee is charged in accordance with the Cost Act for conducting the mediation process.