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🤲 Offender-victim mediation (Täter-Opfer-Ausgleich)

The public prosecutor's office and the court are to examine at every stage of the proceedings whether a settlement between offender and victim is possible – voluntary and only with your consent.

In brief

Offender-victim mediation (Täter-Opfer-Ausgleich, TOA) is a voluntary procedure, usually accompanied by a neutral mediation service, in which offender and victim try to deal with the consequences of an offence by agreement – for example through an apology, reparation or financial compensation. The public prosecutor's office and the court are to examine at every stage of the proceedings whether such a settlement is possible (§ 155a StPO). However, offender-victim mediation must not be carried out against the express will of the injured person – your participation is voluntary, and a refusal must not be held against you.

If a settlement is reached, this can mitigate the sentence for the offender or even lead to discontinuation of the proceedings (§ 46a StGB); for you as the victim it can be a faster, more personal form of reparation than lengthy criminal proceedings – but it is not a substitute for compensation claims, which remain in place regardless.

Step by step

  1. Wait for an offer or ask activelyThe public prosecutor's office, the court or a mediation service can propose a TOA; you can also ask for one yourself.
  2. Get informed, don't let others decideBefore agreeing, get information on the process, rights and limits of the procedure – for example from an advice centre.
  3. Decide freelyA TOA requires your consent; you can refuse at any time and without disadvantage to you.
  4. Mediation meetingIf both sides agree, a neutral mediation service moderates the meeting or exchange.
  5. Report the outcome to the proceedingsThe outcome is communicated to the public prosecutor's office or the court and can be taken into account as a mitigating factor.

Deadlines

No statutory deadline
Offender-victim mediation can be considered at any stage of the investigation or criminal proceedings; the law names no fixed deadline.§ 155a StPO
Watch out – common mistakes
  • Offender-victim mediation must not be carried out against the express will of the injured person – nobody can force you to take part.
  • Personal data may be passed to a mediation service only with the consent of those affected (§ 155b StPO) – without your consent the mediation service learns nothing about you.
  • A TOA does not replace civil-law or social-law compensation claims – these continue to exist independently, unless something else is agreed in the settlement.
In depth · legal basis, figures and practice – for advisers and professionals

§ 155a StPO: duty to examine

Under § 155a StPO, the public prosecutor's office and the court are to examine at every stage of the proceedings the possibilities of reaching a settlement between the accused and the injured party. Offender-victim mediation must not be carried out against the express will of the injured party.

§ 155b StPO: data protection

The transmission of personal data to a body involved in the settlement in principle requires the consent of the person concerned.

§ 46a StGB: mitigation of sentence

If the offender has seriously endeavoured to reach a settlement with the injured person and has achieved it in whole or for the most part, or has seriously strived to do so, the court can mitigate the sentence under § 46a StGB or in certain cases waive punishment.

Practical implementation

In practice, offender-victim mediation is mostly carried out by independent providers (mediation services, conflict resolution services) that are independent of the justice system and the police and moderate communication between the parties.

Who is responsible
  • Public prosecutor's office
  • Court
  • independent mediation or conflict resolution services

Quick questions

Worum geht es bei „Offender-victim mediation (Täter-Opfer-Ausgleich)“?
The public prosecutor's office and the court are to examine at every stage of the proceedings whether a settlement between offender and victim is possible – voluntary and only with your consent.
Which deadlines and figures matter?
No statutory deadline: Offender-victim mediation can be considered at any stage of the investigation or criminal proceedings; the law names no fixed deadline. (§ 155a StPO)
What should I do first?
  • Wait for an offer or ask actively: The public prosecutor's office, the court or a mediation service can propose a TOA; you can also ask for one yourself.
  • Get informed, don't let others decide: Before agreeing, get information on the process, rights and limits of the procedure – for example from an advice centre.
  • Decide freely: A TOA requires your consent; you can refuse at any time and without disadvantage to you.
What do I need to watch out for?
  • Offender-victim mediation must not be carried out against the express will of the injured person – nobody can force you to take part.
  • Personal data may be passed to a mediation service only with the consent of those affected (§ 155b StPO) – without your consent the mediation service learns nothing about you.
  • A TOA does not replace civil-law or social-law compensation claims – these continue to exist independently, unless something else is agreed in the settlement.
Evidence
  • § 155a StPO (gesetze-im-internet.de)
  • § 155b StPO (gesetze-im-internet.de)
  • § 46a StGB (gesetze-im-internet.de)
As of

As of September 2026. · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.