New Draft Law to Reform Germany’s Compensation Act for Victims of Criminal Prosecutions
Title: 20/14502: Draft Law on Amending the Act on Compensation for Criminal Prosecutions (Strafverfolgungsentschädigungsreformgesetz – StrERG)
Date: 2025-01-15 11:00
Introduction:
The German government has proposed a new draft law aimed at reforming the country’s Act on Compensation for Criminal Prosecutions (Strafverfolgungsentschädigungsgesetz, StrEG). The draft law, designated as 20/14502, seeks to provide broader support and enhance compensation for individuals who have been unjustly accused or wrongfully convicted of criminal offenses.
Key Provisions of the Draft Law:
The draft law includes several key provisions designed to improve the existing compensation framework:
- Expansion of Eligibility Criteria: The draft law expands the eligibility criteria for compensation to include individuals who have been acquitted, had their cases dismissed, or who have been exonerated after wrongful convictions.
- Increased Compensation Amounts: The draft law proposes significantly increasing the amounts of compensation awarded to victims of wrongful prosecution. The new compensation rates would be based on a standardized formula that considers factors such as the severity of the alleged crime, the duration of the proceedings, and the consequences of the wrongful accusation.
- Simplified Application Process: The draft law aims to simplify and streamline the application process for compensation. It introduces a central application authority and provides for the possibility of submitting applications online.
- Faster Processing Times: The draft law sets deadlines for processing compensation applications and requires authorities to prioritize cases involving individuals who are in financial or health-related distress.
- Inclusion of Immaterial Damages: In addition to financial compensation, the draft law recognizes immaterial damages suffered by victims of wrongful prosecution, such as mental anguish, loss of reputation, and social stigmatization.
- Independent Review Mechanism: The draft law establishes an independent review mechanism to ensure the fairness and impartiality of compensation decisions.
Rationale for the Reform:
The government has cited several reasons for reforming the existing compensation framework:
- Increased Awareness: There has been growing recognition of the serious consequences that wrongful prosecutions can have on individuals and their families.
- International Standards: Germany seeks to align its compensation system with international standards and best practices.
- Equity and Justice: The draft law aims to provide just and fair compensation to those who have suffered from miscarriages of justice.
Next Steps:
The draft law is currently in the legislative process. It will be considered by the Bundestag (German Parliament) and, if approved, will be enacted into law. The government has expressed its commitment to implementing the reforms swiftly and effectively.
Conclusion:
The proposed draft law on the reform of the Act on Compensation for Criminal Prosecutions represents a significant step towards providing more comprehensive and timely support to victims of wrongful prosecutions in Germany. The expanded eligibility criteria, increased compensation amounts, and simplified application process aim to ensure that individuals who have been unjustly accused or wrongfully convicted receive the justice and compensation they deserve.
20/14502: Gesetzentwurf Entwurf eines Gesetzes zur Reform des Gesetzes über die Entschädigung für Strafverfolgungsmaßnahmen und zur Änderung weiterer Gesetze (Strafverfolgungsentschädigungsreformgesetz – StrERG) (PDF)
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