🗂️ Discontinuation under §§ 153, 153a StPO

If guilt is minor, the proceedings can be discontinued, also subject to conditions such as a payment or community service.

discontinuation § 153 StPO § 153a StPO conditions minor guilt monetary condition victim-offender mediation

In brief

Not every case ends with a judgment. For a lesser offence (Vergehen), the public prosecutor's office can refrain from prosecution if your guilt is minor and there is no public interest in prosecution (§ 153 StPO).

Sometimes there is a discontinuation subject to conditions (§ 153a StPO). This can be, for example, a payment to a charitable organisation, community service, compensation or victim-offender mediation. The suspect must agree to this.

If you fulfil the conditions, the offence can no longer be prosecuted as a lesser offence.

Step by step

Ask a defence lawyerA defence lawyer can suggest a discontinuation to the public prosecutor's office.
Check the offerCheck the condition and the deadline. You must agree.
Fulfil the conditionKeep exactly to payments and deadlines and keep the receipts.

Deadlines

At most 6 months

Deadline for certain conditions (nos. 1–3, 5, 7)§ 153a Abs. 1 StPO

At most 1 year

Deadline for certain conditions (nos. 4, 6, 8)§ 153a Abs. 1 StPO

Once by 3 months

Extension of the deadline§ 153a Abs. 1 StPO

Watch out – common mistakes

For serious crimes (Verbrechen), § 153a does not apply according to its wording.
Agreeing to conditions is not an admission of guilt in the strict sense, but it means a financial burden.
If the proceedings are later definitively discontinued under § 153a, the state treasury does not bear your necessary expenses (§ 467 para. 5 StPO).

In depth · legal basis, figures and practice – for advisers and professionals

§ 153 StPO

Para. 1: For a lesser offence (Vergehen), the public prosecutor's office may, with the consent of the court competent to open the main proceedings, refrain from prosecution if the offender's guilt would be regarded as minor and there is no public interest in prosecution. The court's consent is not required for certain minor offences. Para. 2: After charges have been brought, the court may discontinue at any stage of the proceedings with the consent of the public prosecutor's office and the accused; the order cannot be contested.

§ 153a StPO

Para. 1: For a lesser offence, the public prosecutor's office may, with the consent of the court and the suspect, provisionally refrain from bringing charges and at the same time impose conditions and instructions, if these are suitable to remove the public interest in criminal prosecution and the seriousness of the guilt does not stand in the way. Named are, among others, reparation, payment to charitable organisations, community service, payment of maintenance, victim-offender mediation, social training courses and traffic seminars. After the conditions have been fulfilled, the offence can no longer be prosecuted as a lesser offence.

Not examined

Discontinuation under § 154 StPO and discontinuation due to procedural obstacles are not covered here.

Who is responsible

Public prosecutor's office
Court (consent or discontinuation after charges)
Lawyer as defence counsel

Quick questions

Worum geht es bei „Discontinuation under §§ 153, 153a StPO“?

If guilt is minor, the proceedings can be discontinued, also subject to conditions such as a payment or community service.

Which deadlines and figures matter?

At most 6 months: Deadline for certain conditions (nos. 1–3, 5, 7) (§ 153a Abs. 1 StPO)
At most 1 year: Deadline for certain conditions (nos. 4, 6, 8) (§ 153a Abs. 1 StPO)
Once by 3 months: Extension of the deadline (§ 153a Abs. 1 StPO)

What should I do first?

Ask a defence lawyer: A defence lawyer can suggest a discontinuation to the public prosecutor's office.
Check the offer: Check the condition and the deadline. You must agree.
Fulfil the condition: Keep exactly to payments and deadlines and keep the receipts.

What do I need to watch out for?

For serious crimes (Verbrechen), § 153a does not apply according to its wording.
Agreeing to conditions is not an admission of guilt in the strict sense, but it means a financial burden.
If the proceedings are later definitively discontinued under § 153a, the state treasury does not bear your necessary expenses (§ 467 para. 5 StPO).

Evidence

Bundesministerium der Justiz, Gesetze im Internet: § 153 StPO, retrieved 20 September 2026
Bundesministerium der Justiz, Gesetze im Internet: § 153a StPO, retrieved 20 September 2026
Bundesministerium der Justiz, Gesetze im Internet: § 467 StPO, retrieved 20 September 2026

As of

September 2026 · Sources and method

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