Source: (2010) In, Melinda Gyokos and Krisztina Lanyi, eds., European best practices of restorative justice in criminal Procedure. Budapest: Ministry of Justice and Law Enforcement, Republic of Hungary.pp. 205-208.
The relevance of Section 46a of the German Criminal Code (Strafgesetzbuch, StGB) in the practice of restorative justice in Germany is of an indirect nature. Section 46a of the StGB gives the legal definition of “Tater-Opfer-Ausgleich” (TOA), thereby acknowledging TOA as a legal institution. It obliges the court to take into consideration whether any form of TOA has taken place in a case. Otherwise the court risks the cessation of its judgment. But usually the referral of cases to restorative justice schemes does not take place on the legal basis described in Section 46a of the StGB. The majority of cases are referred to restorative justice schemes by the prosecutor before accusation on the basis of sections 153a of the German Code of Criminal Procedure and 45 of the Juvenile Criminal Court as a means of diversion. (excerpt)
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