(1) If an offence may only be prosecuted upon a request to prosecute, the victim may file the request unless the law provides otherwise.

(2) If the victim dies, his right to file a request passes, if so provided by law, to his spouse, same sex partner and children. If the victim leaves neither a spouse, same sex partner nor children or if they have died before the expiry of the time limit for filing the request, the right to file the request passes to his parents and, if they have died before the expiry of the time limit for filing the request, to his siblings and grandchildren. If a relative has participated in the offence or his quality as a relative of the victim has ceased, he is excluded from the list of those to whom the right to file the request may pass. The right to file the request does not pass if a prosecution were to contravene the professed will of the victim.

(3) If the person entitled to file a request lacks legal capacity or has only limited legal capacity, his statutory representative for his personal affairs and the person responsible for the care of the person are entitled to file a request.

(4) If more than one person is entitled to file a request, each may file a request independently.