Antragsdelikt

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.

Basic definition

The term comes from the German language words Antrag (petition) and Delikt (offence). Antragsdelikte are similar to, but not identical to Ermächtigungsdelikte. For example, in Austria the latter category includes such offences as trespass 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. Another term is Privatanklagedelikte.