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I viewed a police video of a victim that was involved in a hit and run. The officer asked the victim if they would like to press charges for hit and run. The victim replied yes, and the officer arrested the perpetrator when eventually found.

If the victim, who stated and appeared unharmed, replied no, would the perpetrator not have been arrested and charged for hit and run? Why would such a crime not be prosecuted as an interest of the state? Why is the victim deciding what crimes get prosecuted or not? If this was factually correct, when does a crime not require consent of the victim to prosecute? And does it vary from state to state?

phoog
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paulj
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2 Answers2

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That depends on where you are. In , offenses are divided into

  • Absolute Antragsdelikte, which are only charged by the prosecution if the victim requests this,
  • Bedingte Antragsdelikte, which are charged by the prosecution either if the victim demands it or if the prosecution sees a public interest, and
  • Offizialdelikte, which are charged by the prosecution regardless of the wishes of the victim.

So for an absolutes Antragsdelikt, further police investigations are pointless if the victim decides not to press charges.

o.m.
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If the victim, who stated and appeared unharmed, replied no, would the perpetrator not have been arrested and charged for hit and run?

This would be up to the police officer and DA. It would influence the decision, but wouldn't be binding.

Why would such a crime not be prosecuted as an interest of the state? Why is the victim deciding what crimes get prosecuted or not? If this was factually correct, when does a crime not require consent of the victim to prosecute?

The victim's opinions are relevant but not binding. The victim's consent is not required.

And does it vary from state to state?

All U.S. states follow basically the same rule, although a handful of them in the Eastern U.S. allow certain crimes to be prosecuted by private individuals, even if the prosecutor doesn't.

ohwilleke
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