🚓 Criminal complaint and criminal proceedings
In brief
Physical assaults can be punishable as assault (§ 223 StGB, in particularly dangerous forms § 224 StGB), threats and compulsion as coercion (§ 240 StGB) and persistent pursuit/harassment as stalking (§ 238 StGB). A complaint can be filed at any police station or directly with the public prosecutor's office – also orally, and also some time after the incident. It is possible independently of an application under the Gewaltschutzgesetz; the two routes do not exclude one another.
Simple assault is legally usually a so-called offence requiring a complaint (Antragsdelikt) – but the public prosecutor's office can also investigate without a criminal complaint if it finds a "special public interest" in prosecution, which is often the case in domestic violence. Coercion, dangerous assault and stalking are in any case prosecuted ex officio.
Step by step
- File a complaintWith the police (in person, by phone outside the emergency line, or online, depending on the Land) or directly with the public prosecutor's office – this also works later, not only immediately after the incident.
- Submit evidenceAttach or name medical certificates, photos, messages, contact details of witnesses (see securing evidence).
- QuestioningAs the injured party/witness you will be questioned by the police and, if applicable, later in court; in suitable cases there is a right to psychosocial trial support.
- Investigation proceedingsThe public prosecutor's office investigates and decides on an indictment, discontinuation (if applicable with conditions) or a penalty order (Strafbefehl).
- Main hearingIf there is an indictment, a main hearing follows; as a joint plaintiff (Nebenklägerin) you can, in certain cases and with legal representation, take an active part in the proceedings.
Deadlines
- A complaint often leads to a one-person's-word-against-another's situation if there is no further evidence – prompt securing of evidence considerably increases the prospects of success.
- A criminal complaint that has already been filed can be withdrawn only to a limited extent and only up to a certain stage of the proceedings for pure offences requiring a complaint; for offences prosecuted ex officio (e.g. coercion, stalking) withdrawal by the injured party is in principle not provided for, since it is not she but the state that conducts the proceedings.
- Fear of retaliation after a complaint is to be taken seriously – at the same time, protective measures (restraining order) and, if applicable, a safe place to live should be considered.
In depth · legal basis, figures and practice – for advisers and professionals
The most important criminal offences
§ 223 StGB (assault): imprisonment of up to 5 years or a fine; in principle an
offence requiring a complaint, but prosecution ex officio is possible if the public prosecutor's office finds a special public
interest (§ 230 StGB) – in practice often the case in domestic violence.
§ 224 StGB (dangerous assault): including where a weapon/dangerous
tool is used or the offence is committed jointly; imprisonment of 6 months to 10 years; offence prosecuted ex officio.
§ 240 StGB (coercion): coercion by force or by threatening a serious harm;
imprisonment of up to 3 years or a fine; offence prosecuted ex officio.
§ 238 StGB (stalking): since the 2021 reform designed as a so-called offence of suitability
(the act must be capable of significantly impairing the victim's way of life; an actual result
is no longer strictly required); imprisonment of up to 3 years or a fine, in serious cases up to
5 years; offence prosecuted ex officio.
Support in the proceedings
For serious offences there is a right to psychosocial trial support (§ 406g StPO) and, in certain situations, to legal representation as a joint plaintiff, in some cases at the state's expense (§ 397a StPO). Advice centres help in the search for suitable trial support workers.
Relationship to civil-law protection
A criminal complaint does not replace an application under the Gewaltschutzgesetz and vice versa – both procedures run independently of one another and can be pursued in parallel.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.