Atonement; application

For certain minor offenses that generally have little impact on the general public (so-called private prosecution offenses, e.g., insult, damage to property), public prosecution is brought by the public prosecutor's office only if this is in the public interest. If the prosecution is not taken over by the public prosecutor's office, the injured party may bring a private action against the accused. In certain cases, however, private action may be brought only after an unsuccessful attempt at atonement has been made before the municipality.

In the case of the offenses of trespass, insult, violation of the secrecy of correspondence, (intentional or negligent) bodily injury, threat and damage to property, the filing of private charges in the local court is only permissible after an attempt at atonement has been made unsuccessfully beforehand. The same applies if one of the aforementioned offenses is committed while intoxicated and thus constitutes an offense of full intoxication pursuant to Section 323a of the Criminal Code.

The municipality in whose territory both parties reside shall be competent to conduct the atonement. If the parties live in different municipalities, the attempt at atonement shall not be made.

The office of the municipality responsible for conducting the atonement trial shall schedule the atonement hearing at the request of the person entitled to bring a private action.

The parties may be represented by a lawyer or other authorized representative (but there is no obligation to be represented by a lawyer).

The competent authority of the municipality shall work towards reconciliation of the parties.

If the attempt at atonement is unsuccessful, the applicant shall be issued a certificate to that effect.

The applicant may then bring a private action before the competent district court.

A fee in accordance with the Cost Act shall be charged for the conduct of the attempt at reconciliation.