In brief

Victim-offender mediation is more than a bank transfer. It requires genuine engagement with the injured person. If it succeeds, the court may mitigate the sentence or dispense with punishment altogether.

Section 46a StGB has two variants. Under number 1, the offender makes a serious effort to reach a settlement with the injured person and has made good the offence wholly or largely, or seriously tried to. Under number 2, in a case where compensation required substantial personal effort or sacrifice, the offender has compensated the injured person wholly or largely.

The consequence: the court may mitigate the sentence under Section 49(1) StGB or, where no more than one year’s imprisonment or 360 daily rates are at stake, dispense with punishment. During the investigation, mediation is expressly provided for as a condition of a dismissal under Section 153a StPO, and under Section 155a StPO prosecutors and courts should examine at every stage whether a settlement is possible.

What the case law requires

For number 1, the Federal Court of Justice requires a communicative process between offender and victim aimed at a comprehensive settlement of the consequences. The victim must accept it as restoring peace. It is not available against the victim’s express will (Section 155a sentence 3 StPO). A confession is not strictly required, but in practice it is hard to do without one: someone who denies the act can hardly take responsibility credibly.

How it works in practice

In the district of the Bonn regional court there are recognised mediation services run by independent providers who mediate between both sides. Often a settlement through the lawyers is also possible: a letter of apology, a conversation, a reasonable sum for pain and suffering which, where there is an accessory prosecution, also settles the civil dispute. Typical cases are bodily injury after an argument, insults between neighbours, criminal damage. The earlier the process starts, the more effect it has. Starting only at the main hearing rarely convinces anyone.

General explanation, not advice on an individual case. As of November 2026.