🚓 Criminal complaint and securing evidence

A criminal complaint can be filed informally, orally and even after the event. It is best to secure evidence immediately – this greatly improves the chances of success.

criminal complaint criminal complaint application (Strafantrag) § 158 StPO § 77b StGB securing evidence forensic medicine offence prosecuted ex officio (Offizialdelikt) offence prosecuted on application (Antragsdelikt)

In brief

You can file a criminal complaint (Strafanzeige) at any police station, online (depending on the federal state) or directly with the public prosecutor's office – informally, also orally, and in principle even weeks or months after the incident (§ 158 StPO). Most offences such as assault, robbery, theft, fraud, coercion or damage to property are prosecuted regardless of a report as soon as the authorities become aware of them (so-called Offizialdelikte, offences prosecuted ex officio); for a few, mostly minor offences (e.g. simple trespass, simple damage to property without special public interest) a criminal complaint application (Strafantrag) by the injured person is also required, which must be filed within three months of learning of the offence and the offender (§ 77b StGB).

More important than the report itself is often securing evidence: photos of injuries, damaged items or the scene, message or e-mail histories, names and contact details of witnesses and a prompt medical certificate greatly improve the chances of success. In the case of physical injuries, an examination at a forensic medicine institute or a violence protection outpatient clinic (Gewaltschutzambulanz) can make sense even without an immediate report, as the documentation can be secured in a form admissible in court and used later.

Step by step

Get to safetyIn case of immediate danger, call the police (110) first; in case of injuries, call the ambulance service (112).
Secure evidenceTake photos of injuries, damage and the scene, keep messages and receipts, note down witnesses, do not throw away or clean anything important.
Have injuries documented by a doctorEven if no acute treatment is needed: a prompt medical or forensic examination secures evidence in a form admissible in court, in some cases also anonymously.
File a reportWith the police, online or with the public prosecutor's office – with or without a lawyer, informally and also possible later.
Note the case numberThe case number (Aktenzeichen) is needed for later enquiries, applications to inspect the files or compensation under SGB XIV.

Deadlines

3 months

Deadline for the criminal complaint application for pure offences prosecuted on application, from learning of the offence and the offender.§ 77b StGB

No deadline

For offences prosecuted ex officio (e.g. assault where there is public interest, robbery, coercion, fraud), a report is in principle possible at any time; the limitation period for the offence itself is governed by § 78 StGB and varies in length depending on the offence.§ 158 StPO, § 78 StGB

Watch out – common mistakes

Without evidence, a situation of one person's word against another's often arises – prompt documentation is the most effective measure you can take yourself.
A criminal complaint application can only be withdrawn to a limited extent for pure offences prosecuted on application; for offences prosecuted ex officio the state conducts the proceedings anyway, and withdrawal by the injured person is not provided for.
A report to the police is independent of civil-law steps (e.g. a claim for damages or, in cases of domestic violence, an application under the Protection against Violence Act) – the two routes are not mutually exclusive.

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

Offences prosecuted ex officio and on application

Most offences relevant in everyday life – such as assault under § 223 StGB, dangerous assault (§ 224 StGB), robbery (§ 249 StGB), theft (§ 242 StGB), fraud (§ 263 StGB) or coercion (§ 240 StGB) – are prosecuted officially (Offizialdelikte) as soon as the law enforcement authorities become aware of them; for simple assault a criminal complaint application is in principle required (§ 230 StGB), but the public prosecutor's office can investigate without one if it finds a special public interest in prosecution. Pure offences prosecuted on application such as simple trespass (§ 123 StGB) or simple damage to property (§ 303 StGB) without special public interest, on the other hand, are prosecuted only on application; the application deadline is 3 months from learning of the offence and the offender (§ 77b StGB).

Securing evidence without an immediate report

Injury documentation by forensic medicine institutes or specialised outpatient clinics can in many regions also be used if no decision on filing a report has yet been made; the findings are kept in case of a later report. This takes the pressure off having to decide immediately after the offence.

Relationship to compensation claims

A police report and good documentation are not a formal requirement for claims under SGB XIV or for civil-law damages, but they make proving them considerably easier (see “Social compensation” and “Compensation for pain and suffering and damages”).

Who is responsible

Police
Public prosecutor's office
Forensic medicine institutes / violence protection outpatient clinics (Gewaltschutzambulanzen)

Quick questions

Worum geht es bei „Criminal complaint and securing evidence“?

A criminal complaint can be filed informally, orally and even after the event. It is best to secure evidence immediately – this greatly improves the chances of success.

Which deadlines and figures matter?

3 months: Deadline for the criminal complaint application for pure offences prosecuted on application, from learning of the offence and the offender. (§ 77b StGB)
No deadline: For offences prosecuted ex officio (e.g. assault where there is public interest, robbery, coercion, fraud), a report is in principle possible at any time; the limitation period for the offence itself is governed by § 78 StGB and varies in length depending on the offence. (§ 158 StPO, § 78 StGB)

What should I do first?

Get to safety: In case of immediate danger, call the police (110) first; in case of injuries, call the ambulance service (112).
Secure evidence: Take photos of injuries, damage and the scene, keep messages and receipts, note down witnesses, do not throw away or clean anything important.
Have injuries documented by a doctor: Even if no acute treatment is needed: a prompt medical or forensic examination secures evidence in a form admissible in court, in some cases also anonymously.

What do I need to watch out for?

Without evidence, a situation of one person's word against another's often arises – prompt documentation is the most effective measure you can take yourself.
A criminal complaint application can only be withdrawn to a limited extent for pure offences prosecuted on application; for offences prosecuted ex officio the state conducts the proceedings anyway, and withdrawal by the injured person is not provided for.
A report to the police is independent of civil-law steps (e.g. a claim for damages or, in cases of domestic violence, an application under the Protection against Violence Act) – the two routes are not mutually exclusive.

Evidence

§§ 158, 163 StPO (gesetze-im-internet.de)
§§ 77b, 78, 223, 224, 230, 240, 242, 249, 263, 303 StGB (gesetze-im-internet.de)

As of

As of September 2026. · Sources and method

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