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Antragsdelikt

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Also known as no trial without complaint

In the criminal law of some countries with a civil law system, an Antragsdelikt (plural Antragsdelikte), "no trial without a complaint", is a category of offense which cannot be prosecuted without a complaint by the victim. The same concept has been adopted in Japanese law under the name shinkokuzai (), in South Korean law under the name chingojoe (), in the law of Taiwan (both during the early Republic period and post-1949 Taiwan) using various terms, in Dutch law under the name klachtdelict, in Belgian law under the name klachtmisdrijf/crime de plainte, in Finnish law under the name asianomi

Wikidata facts

Subclass of
delict
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main regulatory text
Strafgesetzbuch
Sources (1)

via Wikidata · CC0

~7 min read

Encyclopedic overview

10 sections
Contents
  • Basic definition
  • Germany
  • Japan
  • South Korea
  • Republic of China
  • Before 1949
  • Taiwan
  • Egypt
  • Notes
  • References

In the criminal law of some countries with a civil law system, an Antragsdelikt (plural Antragsdelikte), "no trial without a complaint", is a category of offense which cannot be prosecuted without a complaint by the victim. The same concept has been adopted in Japanese law under the name shinkokuzai (), in South Korean law under the name chingojoe (), in the law of Taiwan (both during the early Republic period and post-1949 Taiwan) using various terms, in Dutch law under the name klachtdelict, in Belgian law under the name klachtmisdrijf/crime de plainte, in Finnish law under the name asianomistajarikos and in Indonesian law under the name delik aduan.

==Basic definition== The term comes from the German language words Antrag (petition) and Delikt (offense, from Latin "dēlictum"). Antragsdelikte are similar to (but not identical) in definition to Ermächtigungsdelikte. For example, in Austria the latter category includes such offenses as trespassing or fraud committed in an emergency situation. The victim's consent is required for investigation of an Antragsdelikt to begin; no such consent is required in the case of an Ermächtigunsdelikt, though the prosecutor will inform the victim. In both cases, actual prosecution of the offense will only proceed with the consent of the victim. Another term is Privatklagedelikte.

Excerpted from Wikipedia’s “Antragsdelikt” article, available under the CC BY-SA 4.0 licence.