Offizialprinzip

Offizialprinzip, or the official principle, is a procedural rule in German law under which the state assumes the initiative and responsibility for initiating and conducting criminal investigations and proceedings. The principle rests on the public interest in enforcing the law and ensuring equal application, rather than relying on a private party to compel action.

In German criminal procedure, the Offizialprinzip is contrasted with the Antragsprinzip (private-prosecution or complaint-based principle). Some offenses are classified as Offizialdelikte, meaning authorities must pursue them ex officio, while others are Antragsdelikte, where proceedings depend on a private complaint or consent. Even within a system emphasizing ex officio action, private complaints can influence the process, but they do not determine whether the state may act.

The practical operation involves police and the public prosecutor initiating investigations and deciding on charges, independent of whether the victim files a complaint. Courts later review the charges and determine the course of the proceedings. The Offizialprinzip thus ensures that the state can respond to criminal activity in a timely and uniform manner, reflecting the interests of public order and justice rather than solely private interests.

Beyond criminal law, the principle also informs administrative and disciplinary procedures in which authorities are obliged to investigate and act on official grounds, rather than solely on requests from private parties. The Offizialprinzip remains a fundamental element of the German procedural landscape, supporting broad state responsibility in the enforcement of law.