🤝 Victim-offender mediation and making amends
In brief
Under § 46a StGB, the court can reduce the sentence or, where only a minor sentence is expected, even waive punishment entirely, if you have seriously sought a settlement with the injured person and have made amends for the offence in whole or largely – or if making amends required considerable personal effort or sacrifice on your part. Victim-offender mediation (Täter-Opfer-Ausgleich, TOA) is voluntary for both sides and is usually arranged through a specialised, independent advice centre.
Step by step
- Signal your willingnessSignal your willingness to reach a settlement early to your defence lawyer, the court or a TOA specialist centre.
- Use mediation by a TOA specialist centreAn independent TOA specialist centre mediates free of charge, voluntarily and confidentially between you and the injured person.
- Prepare for the conversation(s)The settlement can take place in a direct conversation or – if the victim prefers – solely through the mediation centre.
- Make the amends concreteAgree together what the amends look like – for example a payment of money, work done or an apology.
- Have the result communicated to the courtHave the result brought into the proceedings through your defence lawyer or the TOA specialist centre, so that it can be taken into account in sentencing.
Deadlines
- Victim-offender mediation is voluntary for both sides – if the injured person declines to take part, you must not suffer any disadvantage as a result.
- § 46a StGB is a discretionary provision: even a successful settlement does not automatically lead to a reduced sentence; the court decides at its own discretion.
- Victim-offender mediation does not replace civil proceedings over further damages claims, but can be the basis of an amicable settlement.
- Courts critically examine whether a settlement is seriously meant – a purely formal declaration without genuine effort is not enough.
In depth · legal basis, figures and practice – for advisers and professionals
Requirements of § 46a StGB
The provision has two alternatives: either the convicted person has seriously sought a settlement with the injured person and has thereby made amends for the offence in whole or largely, or seriously strived to do so, or making amends required considerable personal effort or personal sacrifice and the victim was compensated in whole or largely.
Legal consequence
The court may reduce the sentence under § 49 para. 1 StGB or, if no higher sentence than a prison sentence of up to one year or a fine of up to 360 daily rates has been incurred, waive punishment entirely. The convicted person has no entitlement to this legal consequence – it is a discretionary provision.
Procedure and mediation
In practice it is mostly carried out through specialised, independent TOA specialist centres run by independent providers, which are organised differently across the country. Nationwide professional coordination and quality assurance is provided, among others, by the Servicebüro für Täter-Opfer-Ausgleich (service office for victim-offender mediation) based at the DBH-Fachverband.
TOA as a probation instruction
Victim-offender mediation or compensation for damage can also be ordered afterwards as a probation condition (§ 56b para. 2 no. 1 StGB) – regardless of whether it already played a role in the trial proceedings.
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