All available in:
Adhesion procedure
- Adhäsionsverfahren ermöglichen es der geschädigten Partei, zivilrechtliche Ansprüche direkt im Strafverfahren geltend zu machen.
- Einführung im Jahr 1943 zur Entlastung der Justiz und zur Vermeidung von doppelten Verfahren.
- Vorteile: Geringere Gerichtskosten, keine Vorauszahlung erforderlich und schnellere Durchsetzung von Ansprüchen.
- Die zukunft des Verfahrens könnte durch digitale Technologien und neue rechtliche Praktiken weiterentwickelt werden.
Definition and historical origins
Adhesion proceedings are a procedural legal institution in German criminal procedure law that enables the injured party of a criminal offense to assert civil law claims directly in criminal proceedings. The term is derived from the Latin “adhaesio” for “adherence”. Historically, the procedure was introduced in 1943 during the Second World War in order to relieve the burden on the judiciary and avoid duplication of proceedings. Legally anchored in § 403 ff. StPO, the adhesion procedure breaks through the traditional separation between civil and criminal law. It enables the injured party to pursue pecuniary claims such as damages or compensation for pain and suffering during ongoing criminal proceedings. The motivation lies in the simplification and acceleration of legal enforcement for injured parties.
Requirements and procedure
Several requirements must be met for adhesion proceedings to be conducted. Criminal proceedings must already be pending. The injured party or their heir submits an application for adhesion in which the subject matter, grounds and evidence for the civil claims are set out. The application can be submitted before or during the main hearing. The court examines whether the claims are justified. If the defendant is convicted, it can decide on the civil claims. If the court rejects the application, the injured party has the option of bringing separate civil proceedings. Particular advantages are the lower court fees and the absence of an advance on costs.
Legal effects and special features
The claim becomes lis pendens upon receipt of the application for adhesion. The claim can no longer be asserted before other courts. The statute of limitations is suspended. The injured party has extensive procedural rights, including the right to inspect files. The procedure does not apply to dangerous offenses and misdemeanor proceedings. A decision is also possible if the defendant is acquitted due to incapacity. The burden of proof lies with the accused.
Practical significance and advantages
The adhesion procedure offers the injured party several advantages. It saves additional civil proceedings, reduces costs and speeds up the enforcement of rights. Both parties to the proceedings benefit from a uniform decision. The injured party can pursue their claims without incurring additional costs.
Future prospects
Digital technologies and changing legal practices could further develop the adhesion procedure. Electronic file management and online procedures could increase efficiency. The administration of justice will have to continuously adapt to new technological and social challenges.
