Information - Services - Formalities by subjects - Invoicing and dunning - Mediation and extrajudicial instruments - Atonement; application

Atonement; application

You can apply to the municipality for a trial of atonement.

Description

In the case of 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 trespass, insult, violation of the secrecy of correspondence, bodily injury (whether intentional or negligent), threats and damage to property, private action may only be brought before the local court if an attempt at atonement has first been made without success. 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 area both parties reside shall be responsible for conducting the atonement attempt. If the parties live in different municipalities, the attempt at atonement shall not be made.

Procedure

The office of the municipality responsible for carrying out the atonement shall schedule the atonement hearing at the request of the party entitled to bring a private action.

The parties may be represented by a lawyer or another authorized representative (however, 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 reconciliation is unsuccessful, the applicant is issued a certificate to that effect.

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