Offizialdelikte

Offizialdelikte, also known as "officious crimes," are a category of criminal offenses in German criminal law characterized by their prosecutorial obligation. In contrast to optional or private prosecutions, where the authority or petitioner decides whether to pursue legal action, Offizialdelikte must be initiated and conducted by public prosecutors regardless of the victim’s wishes.

The fundamental principle behind Offizialdelikte is the public interest in maintaining law and order. Crimes classified under this category typically involve offenses that are considered to harm the general societal or state interests, such as murder, assault, theft, and other serious crimes. The legislature mandates that authorities actively pursue these cases to ensure justice and social stability.

The prosecution of Offizialdelikte is automatic; the public prosecutor's office is obliged to investigate and initiate proceedings upon becoming aware of the offense. This obligation applies even if the victim declines to press charges or if the victim's interest does not apparentize the seriousness of the crime.

There are some exceptions and nuances, such as certain minor infractions or cases where the law explicitly allows for private prosecution. The distinction between Offizialdelikte and so-called "Antragsdelikte" (crimes that require a complaint or application by the victim to initiate proceedings) is significant in procedural matters.

Overall, Offizialdelikte serve to protect societal and state interests, ensuring that important offenses are addressed independently of individual victim influence. They reflect the law's emphasis on the state's central role in criminal prosecution and the importance of safeguarding public order.