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. Please be aware that some offences can only be prosecuted if you file a request to prosecute within three months. This is the case, for example, if you have become a victim to insult.

A criminal complaint can also be filed online, via so-called online police stations. The Land police stations can be found under the following links: Online police stations and contact details of the Land police stations.

Except in the case of offences which can only be prosecuted upon the victim's request, and thus only if the victim so wishes, the further course of the investigative proceedings is then no longer in the hands of the person filing the criminal complaint, but becomes the responsibility of the public prosecutor's office. A criminal complaint cannot be withdrawn. Anyone who files a criminal complaint appears in the proceedings as a witness rather than as a prosecutor.

Request to prosecute

Investigative proceedings begin when the law enforcement authorities become aware of a criminal offence. Crimes are often brought to their attention through criminal complaints. However, 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A request to prosecute can be withdrawn at any time prior to the conclusion of the criminal proceedings. However, it is not possible to withdraw a criminal complaint.

Time limit of three months

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.

Prosecution exceptionally without 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.

Filing a criminal complaint anonymously

If a criminal complaint is filed, personal data must usually be provided so that the identity of the person making the criminal complaint can be established with certainty. This also helps to better assess the credibility of the statement. If the person filing a criminal complaint is reluctant to give their personal details to the police (e.g. because they feel threatened), they should let the police know about this as soon as possible.

It is of course also possible to give information to the police as an “anonymous informant,” without providing personal data. But the evidentiary value of such information is lower, as the provision of personal data is very important, especially with regard to assessing the credibility of a statement. If someone gives information anonymously, the police are unable to ask them any additional questions to further clarify the facts. If anonymously provided information is not specific enough, it is possible that the public prosecutor’s office (which must be involved by the police) might conclude that there are insufficient grounds for an initial suspicion, and therefore decide not to initiate investigative proceedings.

Following up on further developments

If you file a criminal complaint, you are provided with a file number from the station which received the complaint. Make sure not to lose this number. You will need it if you wish to receive any information during the further course of the proceedings.

At a later stage, you can also ask the police or public prosecutor’s office to provide you with the file number assigned to the case by the public prosecutor's office, which is different from the one assigned by the police. If you have filed a criminal complaint and want to contact any public authorities, it is useful to indicate a file number.

Upon request and under certain preconditions, you may be provided with information on the state of the proceedings. This includes information about discontinuance of the proceedings, place and time of the trial, charges brought against the defendant, as well as the outcome of the court proceedings.