(2) The main outcome of examinations at the main hearing before the criminal court judge and in a court with lay judges shall also be included in the record; this shall not apply if all those entitled to appellate remedy have waived their right of appellate remedy or if no appellate remedy has been sought within a certain time limit. (3) If the publisher or responsible editor of a periodical publication fails to comply with his obligation to include such an announcement in his publication, the court shall, upon application by the executing authority, induce him to do so by imposing a coercive fine not exceeding fifty thousand Deutsche Mark or imposing coercive detention not exceeding six weeks. Section 201. (3) If approval was wrongfully granted, the aggrieved person shall be obliged to compensate third persons for the damage caused to them due to the change of priority. I at 1074, 1319, as amended, § 100b, ¶ 3, GERMAN LAWS ONLINE.) (2) If particular expenses have been caused by investigations conducted to clear up certain incriminating or exonerating circumstances and if the outcome of such investigations was in the defendant’s favor, the court shall charge the expenses in part or in full to the Treasury if it would be inequitable to charge them to the defendant. (2) The order pursuant to subsection (1) shall be executed only if the applicant or a person entitled to file an application in his place so requests within one month after service of the final decision. [Concurrence of More than One Venue] If the expert has not previously examined the defendant, he is to be given the opportunity to do so before the main hearing. [Autopsies of New-born Children] In addition to the defendant, court-appointed defense counsel shall always be summoned; chosen defense counsel shall be summoned if the court was notified of such choice. and certain facts substantiate the risk that prior to final conviction he will commit further serious criminal offenses of the same nature or will continue the criminal offense, if detention is required to avert the imminent danger, and in the cases of number 2, imprisonment exceeding one year is expected to be imposed. The court may, by order, provisionally terminate the proceedings if the absence of the indicted accused or other personal impediment would prevent the holding of the main hearing for a considerable time. (3) Approval may be made contingent on the furnishing of security or on other conditions. (1) After the beginning of the main hearing pursuant to the provision in Section 243 subsection (1), a rapporteur shall, in the absence of the witnesses, give a report on the results of the previous proceedings. (3) If the accused or any other participant limited the appellate remedy to certain points of complaint and if such appellate remedy is successful, the participant’s necessary expenses shall be charged to the Treasury. [Extent of Evidence Taken] (1) The warrant of arrest shall be revoked as soon as the conditions for remand detention no longer exist, or if the continued remand detention would be disproportionate to the importance of the case or to the anticipated penalty or measure of reform and prevention. [Notification of Previous Decisions] The opinion of this agency shall be obtained concerning falsity or adulteration as well as concerning the probable method of counterfeiting. (4) Where an objection has been lodged, the court when giving judgment shall not be bound by the decision contained in the penal order. [More then One Person Entitled] (3) If charges have already been preferred, the public prosecution office may in the cases of subsection (1), numbers 1 and 2, and of subsection (2) withdraw the charges at any stage of the proceedings and terminate the proceedings if the conduct of proceedings would pose the risk of serious detriment to the Federal Republic of Germany, or if other predominant public interests present an obstacle to prosecution. Prior to preferment of public charges the court designated in subsection (2), first sentence, shall decide; thereafter, the court seized of the case. 3. private speech of the accused on private premises may be listened to and recorded using technical means if certain facts substantiate the suspicion that a person has. Section 268. [Setting the Date for the Main Hearing] Section 120 of the Courts Constitution Act shall apply mutatis mutandis. Section 118. [Information as to Composition of the Court] (3) Submission and transmission of the files in accordance with Sections 320, 321, and 347 shall be made to and by the public prosecution office as in the proceedings on preferred public charges. (4) The Higher Regional Court shall be competent to decide on the application. Section 115 subsection (4) shall apply mutatis mutandis. [Appeal on Fact and Law and Application for Restoration of the Status Quo Ante] If parts of an offense which were not considered are reintroduced, Section 265 subsection (4) shall apply mutatis mutandis. This shall apply in particular if it is to be feared that a witness will not tell the truth in the presence of the accused. The provisions of the Civil Procedure Code shall apply mutatis mutandis to the proceedings and to execution of the decision. Section 271. (2) The legal person or the association shall be summoned to the main hearing; if their representative fails to appear with no sufficient excuse, the hearing may be conducted in their absence. (2) After filing of the bill of indictment, the court, with the consent of the public prosecution office, may make this limitation at any stage of the proceedings. April 1987 (BGBl. (2) Mail which is not ordered to be opened shall be immediately returned to the participant. If there was solely a decision imposing a measure of reform and prevention, the original judgment shall be quashed instead of entry of an acquittal. He may make submissions in the proceedings. (1) Decisions which are given in the presence of the person to whom they refer shall be notified to him orally. The presiding judge shall decide when such condition is to be disclosed. [Releasing the Defendant from the Duty to Appear] [Jurisdiction] (2) Where the prosecutor is not the aggrieved person (Section 374 subsection (2)), the accused may bring countercharges against the aggrieved person. (5) The seizure of documents, audio, visual and data recording media, illustrations and other images in the custody of persons referred to in Section 53 subsection (1), number 5, or of the editorial office, the publishing house, the printing works or the broadcasting company shall be inadmissible insofar as they are covered by the right of such persons to refuse to testify.