🤲 Offender-victim mediation (Täter-Opfer-Ausgleich)
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
- 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.
- 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.
- Decide freelyA TOA requires your consent; you can refuse at any time and without disadvantage to you.
- Mediation meetingIf both sides agree, a neutral mediation service moderates the meeting or exchange.
- 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
- 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.
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