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🚓 Criminal complaint and criminal proceedings

Assault, coercion and stalking are criminal offences – also within a relationship. A complaint is possible independently of civil-law protection under the Gewaltschutzgesetz.

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

  1. 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.
  2. Submit evidenceAttach or name medical certificates, photos, messages, contact details of witnesses (see securing evidence).
  3. 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.
  4. Investigation proceedingsThe public prosecutor's office investigates and decides on an indictment, discontinuation (if applicable with conditions) or a penalty order (Strafbefehl).
  5. 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

3 months
Deadline for a criminal complaint (Strafantrag) for pure offences requiring a complaint (e.g. simple assault without special public interest), from knowledge of the offence and the offender.§ 77b StGB
No application deadline
Coercion, dangerous assault and stalking are prosecuted ex officio regardless of a criminal complaint, as soon as the authorities learn of them.§§ 224, 238, 240 StGB
Watch out – common mistakes
  • 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.

Who is responsible
  • Police
  • Public prosecutor's office (Staatsanwaltschaft)
  • Local/regional court (criminal court)

Quick questions

Worum geht es bei „Criminal complaint and criminal proceedings“?
Assault, coercion and stalking are criminal offences – also within a relationship. A complaint is possible independently of civil-law protection under the Gewaltschutzgesetz.
Which deadlines and figures matter?
  • 3 months: Deadline for a criminal complaint (Strafantrag) for pure offences requiring a complaint (e.g. simple assault without special public interest), from knowledge of the offence and the offender. (§ 77b StGB)
  • No application deadline: Coercion, dangerous assault and stalking are prosecuted ex officio regardless of a criminal complaint, as soon as the authorities learn of them. (§§ 224, 238, 240 StGB)
What should I do first?
  • File a complaint: With 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 evidence: Attach or name medical certificates, photos, messages, contact details of witnesses (see securing evidence).
  • Questioning: As 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.
What do I need to watch out for?
  • 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.
Evidence
  • §§ 223, 224, 230, 238, 240 StGB (gesetze-im-internet.de)
  • § 77b StGB (gesetze-im-internet.de)
  • §§ 397a, 406g StPO (gesetze-im-internet.de)
As of

As of September 2026. · Sources and method

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