Investigative proceedings begin when the law enforcement authorities become aware of a criminal offence. Crimes are often brought to their attention through criminal complaints. But a number of less serious crimes are offences prosecuted only “upon request.” Unlike the mere reporting of facts, a request to prosecute 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.

A request to prosecute can be withdrawn at any time prior to the conclusion of the criminal proceedings. A criminal complaint, however, cannot be withdrawn.

Important: make sure to observe the time limit
If you wish to file a request to prosecute, 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 offender. If you decide not to file a request, fail to observe the time limit, or withdraw the request, the public prosecutor’s office can no longer simply continue the proceedings.

In exceptional cases: prosecution can be initiated without the filing of a request
If the victims of a crime do not wish the offence to be prosecuted, the public prosecutor’s office is permitted to bring charges only for certain specific offences usually prosecuted upon request (e.g. bodily injury), if this is in the special public interest. For example, if the crime was committed particularly brutally or ruthlessly, or if the offender has come to the police’s attention several times before.

If the public prosecutor’s office decides to continue the proceedings without a request to prosecute, this is called “ex officio prosecution.” In such case, the victim remains an important witness.

You can find more information about filing a request to prosecute here.