Not every criminal case ends with an indictment or a verdict. In many cases, the public prosecutor's office discontinues the proceedings - due to a lack of evidence or other legal hurdles. But what can those affected do if they think this decision is wrong?
Our new legal tip explains step by step when and how you can defend yourself against a decision by the public prosecutor's office to discontinue proceedings - and what legal options are open to you.
When is it possible to appeal against a dismissal?
If the investigation proceedings are discontinued following a criminal complaint, those affected always have the option of lodging an official complaint. This can be submitted to the superior of the responsible public prosecutor. In practice, however, the chances of success are low, as this is an internal review.
However, if the case involves serious offenses, there is also the option of lodging a complaint for discontinuation. This is possible if no so-called private prosecution offense - such as insult or trespassing - is involved. In cases such as grievous bodily harm, manslaughter or fraud, the complaint can be effectively lodged.
How does a discontinuation complaint work?
First, the complaint is submitted to the public prosecutor's office or the general public prosecutor's office. The competent public prosecutor's office then examines whether the arguments in the complaint justify reopening the investigation.
If this examination does not lead to a reopening, the complaint is forwarded to the Public Prosecutor General's Office. The latter in turn reviews the decision and can instruct the responsible public prosecutor to continue the proceedings - or confirm the discontinuation by issuing a notice of appeal.
What happens if the Public Prosecutor General's Office also rejects the complaint?
In this case, the person concerned still has the option of applying for a court decision, also known as an application to enforce a claim. This is filed with the competent higher regional court. The aim is to oblige the public prosecutor's office to continue the investigation or to bring charges.
Conclusion
Victims of criminal offenses do not always have to resign themselves to a discontinuation of proceedings. Particularly in the case of serious offenses, there are effective legal remedies to obtain a review or a retrial.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.