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        Die privatklägerische Strafklage gemäss Schweizerischer Strafprozessordnung – und einige Überlegungen zur Restorative Justice

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        Author(s)
        Jenal, Florian cc
        Language
        German
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        Abstract
        This dissertation deals with the rights of persons injured by criminal offences («private claimants») aimed at determining the guilt of the accused person in criminal proceedings («criminal complaint»). Particular attention is paid to the rights of private claimants to appeal against decisions made by prosecuting authorities or by courts and to seek other legal remedies. In this context, it is examined how the aforementioned rights can be legitimised dogmatically and whether this basis of their legitimacy, weighed against the interests of the accused person as protected by international and constitutional law, would require amendments to the Swiss Criminal Procedure Code. In addition, as a possible alternative to criminal proceedings, models for consensual dispute resolution in criminal (procedural) law, which have been increasingly discussed in Switzerland under the heading of «Restorative Justice» in recent years, are investigated.
        URI
        https://library.oapen.org/handle/20.500.12657/109031
        Keywords
        injured party; rights of injured parties; restorative justice; victim; victims' rights; private claimant; private claimants; criminal complaint; criminal complainants; injured person; rights of injured persons
        DOI
        10.38107/065
        ISBN
        9783907297650, 9783907297650
        Publisher
        sui generis Verlag
        Publisher website
        https://suigeneris-verlag.ch
        Publication date and place
        Zürich, 2025
        Classification
        Law
        Pages
        458
        Rights
        https://creativecommons.org/licenses/by/4.0/
        • Imported or submitted locally

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        • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

        Credits

        • logo EU
        • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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