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File a private lawsuit
You have pressed charges, but at the end of the investigation the public prosecutor's office decides not to file a complaint in court?
In the case of certain criminal offences, after weighing up all the circumstances, there is no state interest in prosecution.
You may then be able to bring a private prosecution.
As a private prosecutor Private prosecutor, you take the place of the public prosecutor in the proceedings.You prosecute the offence without the assistance of the public prosecutor's office.
The public prosecutor's office is not obliged to cooperate, but can take over the proceedings at any time.
The court will submit the files to the public prosecutor's office if it deems it necessary to take over the proceedings necessary. In such a case, you leave the proceedings as a private prosecutor.
You must decide for yourself whether you wish to bring a private prosecution.
Responsible authority
Local court in whose district the offence was committed
Details
Prerequisite
- You are the victim of a criminal offence.
- The offence affects you directly, but less so the general public. Examples of such offences can be
- Trespassing
- Insult, defamation, slander
- Assault
- Threats to commit a crime or certain other serious offences
- Damage to property
Please note: Private prosecutions against children and young people are not permitted.
Notebefore filing a private prosecution, you and the accused person must generally make an attempt at reconciliation carry out an attempt at reconciliation. The municipality in whose area the parties live is responsible for this.
Procedure
You can bring a private action in two ways:
- in person at the registry of the competent district court or
- by filing an indictment
The private prosecution must contain the following information:
- Time and place of the offence
- Name of the perpetrator
- details of the facts of the offence that are as precise as possible
- Description of the evidence
- Name of the competent court
Note: As a private plaintiff, you can be represented by a lawyer. You can only inspect the files through a lawyer a lawyer.
If you have filed a complaint correctly, the court will inform the accused person. At the same time, it will set a deadline by which they can comment on your complaint.
After the deadline has expired or after the statement of the accused person has been Person has been received, the court will decide whether
- opens proceedings against the person or
- the case is dismissed.
If the offender is only slightly guilty, the court can also discontinue the proceedings.
If the court opens the proceedings, you will receive a summons to the main hearing at least one week before the date.
Deadlines
none
Required documents
Private action in duplicate
Costs
Before the court hears the case, you must budget for the following costs:
- an advance on fees
- a security deposit for the accused person (e.g. deposit of cash or securities)
After the court's decision:
- If the decision is in your favour as a private plaintiff: no
The convicted person bears the costs of the proceedings and your necessary expenses - If the case is dismissed, acquitted or the proceedings are discontinued: You as the private plaintiff bear the costs of the proceedings and legal fees as well as the expenses on both sides.
Miscellaneous
none
Legal basis
Strafprozessordnung (StPO):
- § 7 Gerichtsstand
- §§ 374 - 394 Privatklage
Gesetz zur Ausführung des Gerichtsverfassungsgesetzes und von Verfahrensgesetzen der ordentlichen Gerichtsbarkeit (AGGVG):
- § 37 Zuständigkeit
- § 38 Verfahren
Verordnung des Justizministeriums über das Sühneverfahren in Privatklagesachen vom 23. Oktober 1971
Release note
machine generated, based on the German release by: Justizministerium Baden-Württemberg, 06.03.2026
