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File a criminal complaint
Certain criminal offences are only prosecuted by the public prosecutor's office if the injured party has filed a criminal complaint. This expresses your wish that an offence should be prosecuted.
The public prosecutor's office should initiate preliminary proceedings and bring charges once the investigation is complete.
As the person making the request, you will receive a notification if the investigation proceedings are discontinued or not initiated at all, and only you can appeal against such a decision by the public prosecutoronly you can lodge an appeal against such a decision by the public prosecutor's office and apply for a court decision.
Note: In contrast, the mere reporting of a criminal offence is the notification of a criminally significant fact without you, as the person reporting the offence, attaching importance to the information You, as the person making the report, attach importance to prosecution.
If you report a criminal offence to the police, they will inform you of the need to file a criminal complaint.
You can file a criminal complaint for offences that primarily affect you personally and not the general public, for example
- Trespassing,
- Assault or
- Insult.
In certain cases (e.g. assault or damage to property), the public prosecutor's office can also initiate a criminal prosecution on its own initiative "due to special public interest". A criminal complaint is then not necessary. The offence can be even be prosecuted against the will of the victim.
Responsible authority
Police, public prosecutor's office or local court
Details
Prerequisite
An offence has been committed for which a criminal complaint is required for prosecution.
Procedure
You must submit the criminal complaint to a court or the public prosecutor's office for the record or in writing.
You can only submit the application to the police authorities in writing. The police have forms available for this purpose.
You mustyou must provide your full personal details:
- First name and surname (possibly also maiden name)
- Date and place of birth
- Address
If the criminal complaint is not pursued further, you will receive a notice stating the reasons for discontinuation. As the victim of the offence, you can appeal against the decision of the public prosecutor's office.
Please note In criminal proceedingsyou appear as a witness, not as a plaintiff.
Deadlines
You must file the criminal complaint within three months.
The three-month period begins on the day on which you learn of the offence or the perpetrator.
Required documents
Identity card or other identification document
Costs
none
Note: An untrue criminal complaint or a later withdrawal of the criminal complaint may result in you having to bear the costs incurred.
Miscellaneous
none
Legal basis
Strafgesetzbuch (StGB):
- §§ 77 - 77e Strafantrag, Ermächtigung, Strafverlangen
Strafprozessordnung (StPO):
- § 158 Zuständigkeit für Strafanzeige und Strafantrag
- §§ 171 - 172 Einstellungsbescheid, Verfahren der Klageerzwingung
- § 469 Kosten
Release note
machine generated, based on the German release by: Justizministerium Baden-Württemberg, 06.03.2026
