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An important step: filing a criminal complaint
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FAQ: Criminal complaint
What information must be included in a criminal complaint?
There are no specific or formal requirements for filing a criminal complaint. The complaint should include your complete personal data (name, address, e-mail, date and place of birth, telephone number) as well as brief information about the factual situation/criminal offence. It is best to answer the classic questions: What happened? How, where and when did it happen? Who was harmed? You should also mention the names of potential witnesses.
What happens after I have filed a criminal complaint?
The police are required to respond to and objectively investigate every initial suspicion of a crime – this means that they look for both incriminating and exonerating evidence. This can sometimes take weeks or even months. If the criminal proceedings are discontinued, meaning that no prosecution takes place, you will be notified. If you have been directly affected by the crime, you can also make an inquiry to the investigating authorities about the status of the matter (a sample for a relevant application is contained in the “Victim Handbook”).
What is the difference between an application for criminal prosecution and a criminal complaint?
After a crime has been committed, you can file a criminal complaint with the police or the public prosecutor's office. You can do this personally, by post or online. You cannot take back a criminal complaint; the criminal prosecution authorities are required to investigate.
That means: After a criminal complaint has been filed, the criminal prosecution authorities are required to investigate whether an initial suspicion exists. If so, the public prosecutor’s office must initiate an investigation proceeding. However, a number of less serious crimes are offences prosecuted only “upon application” (Antragsdelikte). Unlike the mere reporting of facts, an application for criminal prosecution is an express (written) declaration that you wish the offence to be prosecuted. Usually the police will ask you to sign an appropriate form when you file your criminal complaint.An application for criminal prosecution can be withdrawn at any time prior to the conclusion of the criminal proceedings.If you wish to file an application for criminal prosecution, you must do so within three months. The time limit begins on the date you first became aware of the crime and the identity of the perpetrator. If you decide not to file an application, fail to observe the time limit, or withdraw the application, the public prosecutor’s office can no longer simply continue the proceedings.Often, filing the criminal complaint and applying for criminal prosecution are done at the same time. You can find more information on criminal complaints and applications for criminal prosecution here
For how long after the crime can I file a criminal complaint?
As a general rule, you can file a complaint at any time. The law does not provide for a time limit. However, if the statute of limitations on the crime has already expired, the public prosecutor’s office might discontinue the proceedings.
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