Antragsdelikt
Encyclopedia
In the criminal law
of some countries, an Antragsdelikt (plural Antragsdelikte) is a category of offence which cannot be prosecuted without a complaint by the victim. The same concept has been adopted in Japanese law under the name shinkokuzai, in South Korean law under the name chingojoe, and in the law of the Republic of China
(both during the early Republic period and on Taiwan
) using various terms.
words Antrag (application) and Delikt (offence). Antragsdelikte are similar to, but not identical to Ermächtigungsdelikte. For example, in Austria the latter category includes such offences as tresspass or fraud
committed in an emergency situation. The victim's consent is required for investigation of an Antragsdelikt to begin; no such consent is required in the case of an Ermächtigunsdelikt, though the prosecutor will inform the victim. In both cases, actual prosecution of the offence will only proceed with the consent of the victim.
Antragsdelikt is somewhat analogous to the concept of a compoundable offence in Thai law
, though different from that same term in Malaysian law
or Singaporean law
.
) lists the following as offences which will only be prosecuted on request:
In addition, the German Criminal Code states that the following offences will be prosecuted on the request of the victim or in the case of "special public interest":
. The 1870 criminal code Shinritsu Kōryō (新律綱領), though it did not use the term directly, stated that the prosecution of a number of violent offences between husband and wife depended on a complaint by the person in question. The phrase used to express this condition, mizukara tsugeru wo mate, is probably the origin of the modern term shinkokuzai; mizukara tsugeru (to inform personally) contains two of the same kanji
used to write shinkokuzai. The draft criminal code of November 1877 used the term shinkokuzai directly in the definitions of various offences. Under modern Japanese law, sexual offences
such as simple rape
or indecent assault
are categorised as shinkokuzai, lest a prosecution against the victim's will result in secondary victimisation or infringement of privacy
.
The Act on the Punishment of Sexual Crimes and Protection of Victims Thereof excluded some other sexual offences, such as aggravated rape using a weapon or committed on the occasion of other offences, from the category of chingojoe. Women's rights groups continue to lobby for the exclusion of other sexual offences from this category as well.
) from this category.
of Egypt
, several religious crimes, including apostasy
, cannot be prosecuted on the initiative of the public prosecutor; the case must instead be raised by another citizen.
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
of some countries, an Antragsdelikt (plural Antragsdelikte) is a category of offence which cannot be prosecuted without a complaint by the victim. The same concept has been adopted in Japanese law under the name shinkokuzai, in South Korean law under the name chingojoe, and in the law of the Republic of China
Law of the Republic of China
Law of the Republic of China is mainly based on the civil law system. The legal structure is codified into the Six Codes:#the Constitution #the Civil Code #the Code of Civil Procedure and associated laws#the Criminal Code...
(both during the early Republic period and on Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
) using various terms.
Basic definition
The term comes from the German languageGerman language
German is a West Germanic language, related to and classified alongside English and Dutch. With an estimated 90 – 98 million native speakers, German is one of the world's major languages and is the most widely-spoken first language in the European Union....
words Antrag (application) and Delikt (offence). Antragsdelikte are similar to, but not identical to Ermächtigungsdelikte. For example, in Austria the latter category includes such offences as tresspass or fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
committed in an emergency situation. The victim's consent is required for investigation of an Antragsdelikt to begin; no such consent is required in the case of an Ermächtigunsdelikt, though the prosecutor will inform the victim. In both cases, actual prosecution of the offence will only proceed with the consent of the victim.
Antragsdelikt is somewhat analogous to the concept of a compoundable offence in Thai law
Law of Thailand
The law of Thailand is based on the civil law, but has influence from common law .-Sources of Law:The principle law sources in Thailand are:* Constitution of Thailand - prevails over other laws...
, though different from that same term in Malaysian law
Law of Malaysia
The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonization of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework...
or Singaporean law
Law of Singapore
The legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes...
.
Germany
The German Criminal Code (StrafgesetzbuchStrafgesetzbuch
Strafgesetzbuch is the German name for Penal Code and is abbreviated to StGB.- History :In Germany the Strafgesetzbuch goes back to the Penal Code of the German Empire passed in the year 1871 which was largely identical to the Penal Code of the North German Confederation.This Reichsstrafgesetzbuch ...
) lists the following as offences which will only be prosecuted on request:
- Breach of the peaceBreach of the peaceBreach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
- Violation of instructions during supervision of conduct
- Defamation
- Violation of privacy and personal secrets ( and , in conjunction with )
- Domestic theft
- Taking Without Owner's ConsentTWOCTWOC is an acronym standing for Taking Without Owner's Consent. Synonyms used by police in the UK include UTMV: Unlawful Taking of a Motor Vehicle, and TADA or TDA: Taking and Driving Away...
- Energy theft
- Unlawfully offering an advantage
- Thwarting of distraintDistraintDistraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries...
- Unlawful retaking of goods pawned
- PoachingPoachingPoaching is the illegal taking of wild plants or animals contrary to local and international conservation and wildlife management laws. Violations of hunting laws and regulations are normally punishable by law and, collectively, such violations are known as poaching.It may be illegal and in...
of fish - Acts committed under intoxication where the intoxication causes diminished responsibilityDiminished responsibilityIn criminal law, diminished responsibility is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired. The defense's acceptance in American...
- Breach of fiscal secrecy
In addition, the German Criminal Code states that the following offences will be prosecuted on the request of the victim or in the case of "special public interest":
- Child sexual abuseChild sexual abuseChild sexual abuse is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities , indecent exposure with intent to gratify their own sexual desires or to...
( para. 3) - ExhibitionismExhibitionismExhibitionism refers to a desire or compulsion to expose parts of one's body – specifically the genitals or buttocks of a man or woman, or the breasts of a woman – in a public or semi-public circumstance, in crowds or groups of friends or acquaintances, or to strangers...
- Violation of privacy and personal secrets ( and , in conjunction with )
- BatteryBattery (crime)Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...
- Negligent battery
- Child abductionChild abductionChild abduction or Child theft is the unauthorized removal of a minor from the custody of the child's natural or legally appointed guardians....
- StalkingStalkingStalking is a term commonly used to refer to unwanted and obsessive attention by an individual or group to another person. Stalking behaviors are related to harassment and intimidation and may include following the victim in person and/or monitoring them via the internet...
( para. 1) - Theft and embezzlement of low-value items
- Corruption and bribery in business transactions
- Property damageProperty damageProperty damage is damage to or the destruction of public or private property, caused either by a person who is not its owner or by natural phenomena. Property damage caused by persons is generally categorized by its cause: neglect , and intentional damage...
- Unlawful alteration of data
- Computer sabotage
Japan
The concept of shinkokuzai first entered into Japanese law in the early Meiji periodMeiji period
The , also known as the Meiji era, is a Japanese era which extended from September 1868 through July 1912. This period represents the first half of the Empire of Japan.- Meiji Restoration and the emperor :...
. The 1870 criminal code Shinritsu Kōryō (新律綱領), though it did not use the term directly, stated that the prosecution of a number of violent offences between husband and wife depended on a complaint by the person in question. The phrase used to express this condition, mizukara tsugeru wo mate, is probably the origin of the modern term shinkokuzai; mizukara tsugeru (to inform personally) contains two of the same kanji
Kanji
Kanji are the adopted logographic Chinese characters hanzi that are used in the modern Japanese writing system along with hiragana , katakana , Indo Arabic numerals, and the occasional use of the Latin alphabet...
used to write shinkokuzai. The draft criminal code of November 1877 used the term shinkokuzai directly in the definitions of various offences. Under modern Japanese law, sexual offences
Sex and the law
In general, laws proscribe acts which are considered either sexual abuse, or behavior that societies consider to be inappropriate and against the social norms. In addition, certain categories of activity may be considered crimes even if freely consented to...
such as simple rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
or indecent assault
Indecent assault
Indecent assault is an offence of aggravated assault in many jurisdictions. It is characterised as a sex crime.Indecent assault was an offence in England and Wales under sections 14 and 15 the Sexual Offences Act 1956...
are categorised as shinkokuzai, lest a prosecution against the victim's will result in secondary victimisation or infringement of privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
.
South Korea
In South Korea, the following offences are categorised as chingojoe:- Criminal adulteryAdulteryAdultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
- FornicationFornicationFornication typically refers to consensual sexual intercourse between two people not married to each other. For many people, the term carries a moral or religious association, but the significance of sexual acts to which the term is applied varies between religions, societies and cultures. The...
with a minor - Fornication with use of professional authority
- Simple rape
- Aggravated rape
- Sexual assaultSexual assaultSexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
- Aggravated sexual assaultAggravated sexual assaultAggravated Sexual Assault is when one commits an aggravated assault of a sexual nature and who wounds, maims, disfigures or endangers the life of the complainant....
- Defamation against a dead person, and
- Contempt of courtContempt of courtContempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
The Act on the Punishment of Sexual Crimes and Protection of Victims Thereof excluded some other sexual offences, such as aggravated rape using a weapon or committed on the occasion of other offences, from the category of chingojoe. Women's rights groups continue to lobby for the exclusion of other sexual offences from this category as well.
Republic of China
The term qīn'gàozuì was used in laws in China's early Republic era (1912–1928), for example in the 1921 Criminal Procedure Ordinance or the 1928 Criminal Procedure Law. However in modern terminology, the concept of a crime for which there will be no trial without complaint is usually expressed as gàosunǎilùn zhī zuì. A 1999 amendment to Taiwan's Criminal Code removed indecent assault and rape (with the exception of spousal rapeSpousal rape
Marital rape, also known as spousal rape, is non-consensual sex in which the perpetrator is the victim's spouse. As such, it as a form of partner rape, of domestic violence, and of sexual abuse. Once widely condoned or ignored by law, spousal rape is now repudiated by international conventions and...
) from this category.
People's Republic of China
The Criminal Code of the People's Republic of China uses the term 'gàosù cái chǔlǐ'("告诉才处理", lit. action only if complained). There are currently five offenses in this category, all minor offenses against individuals: insult, defamation, infringement of freedom of marriage (usually by parents), maltreat (of family members) and ordinary embezzlement. However, the Criminal Code does state that any such offense resulting in serious consequences (e.g. serious injury or death) is prosecutable without complaint.Egypt
While no formal class of law equivalent to the Antragsdelikt exists in the lawEgyptian law
Egyptian law includes the following topics:* Egyptian Civil Code* Egyptian Judicial System* Egyptian State Lawsuits Authority...
of Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
, several religious crimes, including apostasy
Apostasy
Apostasy , 'a defection or revolt', from ἀπό, apo, 'away, apart', στάσις, stasis, 'stand, 'standing') is the formal disaffiliation from or abandonment or renunciation of a religion by a person. One who commits apostasy is known as an apostate. These terms have a pejorative implication in everyday...
, cannot be prosecuted on the initiative of the public prosecutor; the case must instead be raised by another citizen.