A crime refers to an act or omission that is punishable by law. Many domestic violence incidents meet the characteristics of the crime.
Assault: Anyone who physically abuses or harms the health of another person by hitting, kicking, etc., is liable to prosecution. Dangerous bodily harm is committed if the bodily harm is done with a weapon or other dangerous instrument.
Sexual crimes: Sexual abuse or rape is a crime, even if the perpetrator is in a close relationship with the victim. Forcing a sexual act or sexual abuse is also a crime.
Deprivation of liberty: Depriving another person of his liberty against his will is a crime. For example, locking a person behind bars or holding them by force can be a coercive measure.
Damage: Deliberately destroying or damaging another's property can fulfil the characteristics of a crime.
Threat: A threat exists if the perpetrator intentionally threatens the victim or a person close to them with an unlawful offence listed by law. It is irrelevant whether the threat was really meant seriously**.**
Stealing: Taking another person's property without permission is a crime, even if the perpetrator is in a close relationship with the victim.
Trespassing: It is an offence to disturb another person's domestic peace without proper permission, for example, by entering another person's home without permission. In addition to the apartments, cottages, hotel rooms, mobile homes, toilets, washing facilities and other facilities comparable to apartments are also considered to be included in the scope of home peace.
Eavesdropping: filming or eavesdropping on another person without permission is also a crime.
**Stalking:**Any person who, without being authorised to do so, acts in a way which is apt to seriously restrict another person’s conduct of life, will incur criminal liability.
The Criminal Code defines illegal threats as actions that explicitly threaten someone with violence, serious harm or other harmful consequences that cause fear or anxiety to the threatened person.
It should be noted that there are official offences and petition offences.
Most offences under the Criminal Code are so-called official offences (dangerous or grievous bodily harm, threats, deprivation of liberty, sexual offences, etc.). If the police become aware of an official offence, they are obliged to investigate. This happens regardless of whether the person concerned wants it or not.
Other offences, such as trespassing, are only prosecuted by the police if the person concerned files a criminal complaint. A criminal charge is not sufficient in this case (absolute offence).
In the case of relative offences, either a criminal complaint must be filed or the public prosecutor's office must affirm the special public interest in prosecution (insult, stalking, etc.).
A large proportion of incidents of domestic violence are official offences and are prosecuted ex officio. If the police become aware of domestic violence for example during a police intervention, they are generally obliged to open proceedings, partly because there is a public interest in prosecuting violence in relationships.
Of course, you can also file a criminal complaint without police intervention.