Täter-Opfer-Ausgleich

• § 46a Strafgesetzbuch (StGB) – Täter-Opfer-Ausgleich, Schadenswiedergutmachung
• § 153a Strafprozessordnung (StPO) - Absehen von der Verfolgung unter Auflagen und Weisungen
• § 155a StPO Täter-Opfer-Ausgleich

Offenders and victims of a criminal offence can try to settle or defuse their conflict in a moderated mediation meeting in what is known as victim-offender mediation.

For the victim, victim-offender mediation offers the opportunity to confront the accused person with the physical, emotional and economic consequences of their offence in a neutral and safe environment and under the supervision of a neutral mediator.

The accused person, on the other hand, can use the dialogue to help limit the damage they have caused and make amends. They also have the opportunity to repent their offence to the victim and apologise credibly.

Depending on the sincerity of the victim's efforts to make amends, victim-offender mediation can have a mitigating effect on the accused or lead to the criminal proceedings being discontinued.

not specified

• After examining the case, the public prosecutor's office or the court has decided that victim-offender mediation is an option.
• Both parties are prepared to mediate.
• The accused person admits guilt.

none

Victim-offender mediation can be initiated by the public prosecutor's office, the court or by one of the persons involved.

• First, the public prosecutor's office or the court commissions a mediation centre (in the case of adult defendants, the social services of the justice system; in the case of minors, the youth welfare office) to carry out the victim-offender mediation.
• Before the actual mediation meeting, the mediation centre conducts an interview with the victim and the accused person with the aim of
  
  • get to know the expectations and feelings of the parties involved and
  • explain the rules of a mediation meeting.
• The next step is the joint mediation meeting:
  
  • The conciliation body moderates and steers the discussion.
  • The conciliation body monitors compliance with the agreement reached.

not specified

not applicable