the duty to report and right under Code of Criminal Procedure

In many cases, criminal proceedings begin with a criminal complaint, as the person entitled to bring charges can only do so once they have become aware of the offence to be prosecuted. This so-called 'principle of prosecution' applies in both Austria and Germany. A report may be filed for various reasons, whether by exercising the right to report an offence under Section 80 of the Code of Criminal Procedure (StPO), or out of a duty to do so, as prescribed, for example, by Section 78 of the StPO. The Code of Criminal Procedure sets out when and under what circumstances an authority or public body is obliged to report a criminal offence, which specific authorities and public bodies are subject to this obligation, and when exceptions to this rule apply, allowing the party obliged to report the offence to refrain from doing so. It is not uncommon for such an obligation to report a criminal offence to conflict with any duties of confidentiality, such as those incumbent on doctors or civil servants, amongst others.

Pagina's: 164, Paperback, Our Knowledge Publishing