File criminal charges: what is the best way to proceed?

In the course of life, almost everyone comes into contact with criminal matters. Whether you file a criminal complaint or not is then your personal decision. In principle, anyone can file a criminal complaint. Therefore, you do not have to meet any specific requirements.

Dr. Philipp Hammerich

  • Criminal charges can be filed by anyone, regardless of whether you are a victim, witness or bystander.
  • The police, the public prosecutor’s office and the district court are authorized to file a criminal complaint.
  • filing a criminal complaint does not cost any money and is not bound to any deadline.
  • The processing time of a criminal complaint takes at least several weeks.

How to proceed

  • Think carefully about whether you want to file a criminal complaint. It is not possible to withdraw it.
  • A criminal complaint can be filed without any formalities. This is possible verbally, in writing and even partially online.
  • When you file a criminal complaint, you are obligated to make true statements.
  • Check that you have submitted all the required information.

This is a criminal complaint

A criminal complaint is a notification from a private person to the police Law enforcement agencies. If you are a natural person, inform the investigating authorities of any facts that may be relevant under criminal law, the investigation of which is the responsibility of the competent authorities. There are many reasons for filing a criminal complaint: For example, you can file a criminal complaint if you have been the victim of a hit-and-run accident. A charge of theft is also conceivably.

What are the special characteristics of a criminal complaint??

A criminal complaint always concerns a matter that you are responsible for relevant under criminal law hold. As the first person to file a complaint, describe the facts of the case in as much detail as possible. Basically, you as the advertiser do not have to be the victim at the same time. Also as Witness it is possible to file a criminal complaint. If you have witnessed a hit-and-run accident, for example, you can file a criminal complaint.

If you want to file a criminal complaint, you can do so with various agencies. Police, public prosecutor’s office or district court are authorized to take up criminal charges. The competent authority is then obligates, to establish the facts of the case. In case of a Initial suspicion the investigating authorities have to start a comprehensive investigation in order to examine the criminal relevance or. explore all information necessary for it.

What is the difference between a criminal complaint and a criminal complaint??

When asking for a criminal complaint is to be distinguished sharply from the criminal complaint. Anyone can file a criminal complaint, while the criminal complaint is incumbent on certain groups of people. This is not for every offense of the German Criminal Code is necessary. Rather, the legislature has structured the offenses differently.

A criminal complaint is necessary for the so-called application offenses. Without this, the investigating authorities cannot begin with the investigation. The requirement of a criminal complaint is then a Potential obstacle to proceedings. No criminal complaint means no proceedings – no proceedings means no verdict.

Filing a criminal complaint – this is how you proceed

Filing a criminal complaint is nothing common. Most people do not file a criminal complaint at all or only once in their lives. Consequently, if you want to file a criminal complaint, you should inform yourself about the procedure to follow. Finally, there are different procedures from which you can choose the most suitable one.

Who can file a criminal complaint?

A criminal complaint is for Anyone possible. Whether you are a victim, a witness or a bystander, you can file a criminal complaint. The police is obligated to consider criminal charges filed by anyone.

Tip: If in doubt, seek legal advice

If you want to file a criminal complaint, you have to consider several things. If you are aware of a possible circumstance, you can talk to a lawyer Consultation hold. He or she will give you professional advice on how best to proceed.

How to file a criminal complaint?

The filing of a criminal complaint is informally possible. Consequently, you can file the criminal complaint both orally and in writing. You must No fixed pattern comply. However, it is advisable to do so so that you can provide all the necessary information to the relevant authority the first time around. In the meantime, you can file the criminal complaint in different federal states file online. All you have to do is fill out a form on a specially set up website.

Where you can file a criminal complaint?

First, there is the question of the right place. You can file a criminal complaint in different places. The police, the court and also the public prosecutor’s office are entitled to receive a criminal complaint. The further procedure differs depending on the recipient. Often the Police are the first point of contact. Finally, the latter is also entrusted with the investigation, while the public prosecutor’s office subsequently decides whether charges will be brought or the proceedings will be dropped.

Places to file a criminal complaint

General information about the criminal complaint

In the criminal complaint is the communication of a criminal fact in the center. The various criminal facts are manifold.

What is a complaint against unknown?

In various cases, filing a criminal complaint against unknown persons is. For example, if you have been stolen or robbed, you can file a criminal complaint against unknown persons. Knowledge about the perpetrator not required. Rather, the police will then do everything in their power to identify the perpetrator. If, for example, an insult occurs on social networks, the perpetrator is often anonymous. A complaint can still be filed.

Only when there are no investigative leads at all, the preliminary proceedings are discontinued. The chances of success differ depending on the nature of the crime. Basically, the more the merrier Information provide them, the higher are the chances that the police will find the offender.

Is there a time limit to file a criminal complaint?

There are no deadlines for filing a criminal complaint. You can report a fact to the police at any time. However, you must observe the respective Statute of limitations note. Criminal offenses statute of limitations normally, with the exception of murder, after a certain period of time.

Subsequently, prosecution is no longer possible, so that you can file a criminal complaint, but the crime can no longer be prosecuted. It is advantageous if you file the criminal complaint promptly because in most cases the memory is more present after a possible crime.

Are there any costs or fees for a criminal complaint?

There are no costs or fees when filing a criminal complaint. Thus the state plays it safe that nobody hesitates to file a criminal complaint for financial reasons. For this reason, nowadays you can also file a criminal complaint online. Then you do not even have to take the way to the next police station on itself. If you want to file a criminal complaint, you must therefore cooperate with the police no costs at all calculate.

Consequences of a criminal complaint

But what actually happens after the filing of a criminal complaint? This should be well considered. If you file a criminal complaint, you are too obliged to provide true information. Otherwise, you could be liable to prosecution yourself. If you accuse someone of stalking, for example, and this is not true, you must expect consequences and fear an investigation yourself.

Note: Observe the principle of legality

The Legality principle means that the public prosecutor’s office is then obliged to carry out investigations. In this process, the public prosecutor’s office makes use of the police. This takes care of the investigation of the facts of the case.

Only after all information If the prosecutor’s office has the necessary information at its disposal, it can decide whether to file charges and open a main hearing.

How long does it take to process the criminal complaint??

The length of time it takes to process a criminal complaint depends on various factors. On the one hand Complexity of the facts or the Availability by police officers is decisive for the processing time. A temporal limitation is not possible. Normally at least several weeks, until the criminal complaint is processed. After the criminal complaint has been forwarded to the public prosecutor’s office, another period of time elapses before the responsible public prosecutor expresses a decision to.

Procedure after filing the complaint

If you file a criminal complaint, then follows a ideal-typical procedure. Normally, you go to a police station to file the criminal complaint. Alternatively, you can file a criminal complaint online. Afterwards the police takes care of the investigation of all relevant facts. In addition the accused and witnesses are questioned.

After the investigation by the police, the complaint is sent to the public prosecutor’s office Public prosecutor’s office transmits. This must now decide what the further course of action is. That depends on whether sufficient suspicion is available.

If this is the case, the public prosecutor’s office files the complaint. If the initial suspicion is not confirmed or strengthened, the public prosecutor’s office only has the option of discontinuing the proceedings.

Procedure for filing a criminal complaint

You can withdraw the criminal complaint?

In the vernacular, there is the possibility to withdraw a criminal complaint. However, this is not possible. You should first think carefully about whether you want to file a criminal complaint. According to the principle of legality, the authorities are subsequently to investigate obliges. Consequently, if you file a criminal complaint, you will not be able to settle it independently. Rather, the fate is now in the hands of the competent authorities.

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