Beklagter

Beklagter is a legal term used in German-language law to designate the party against whom a civil action, administrative complaint, or similar procedure is brought. It functions as the counterpart to Kläger (plaintiff) in civil matters. In criminal proceedings, the corresponding terms are typically Angeklagter or Beschuldigter, and Beklagter is less common, though it may appear in some procedural texts to denote the party accused of wrongdoing.

Etymology and scope: The word derives from the German root beklagen, meaning to accuse or complain, with the agentive suffix -ter indicating a participant in an action. The Beklagter is understood as the person who must meet the claims raised against them and present a defense within the court process.

In civil procedure, the Beklagter is the defendant who must respond to the plaintiff’s allegations, present evidence, and may offer defenses, counterclaims, or settlements. The Beklagter has rights typical of defense in German courts, including the right to legal counsel, access to case materials, the right to testify or to remain silent, and the right to appeal a judgment. In administrative and public-law procedures, the Beklagter is the party against whom an administrative act is directed and who may contest the act in court.

Status and outcomes: If the court rules for the plaintiff, remedies such as damages or injunctions may be imposed against the Beklagter. If the court rules in favor of the Beklagter, the claims are dismissed. In criminal contexts, a corresponding status would be Verteidigte or Angeklagte, depending on the procedural stage, rather than Beklagter.

See also: Kläger, Angeklagter, Beschuldigter, Verurteilter.