Skip to content
Emergency

Accusation of criminal damage: reacting correctly

Anyone who damages or destroys another's property can make themselves criminally liable for criminal damage, from a scratched car to graffiti. With an accusation, considered behavior is important: first remain silent, get access to the file, then decide.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Create a letter →

Your chances of getting your money back

Criminal damage is the unlawful damaging or destruction of another's property (§ 303 StGB). It is usually prosecuted only on a criminal complaint, unless there is a special public interest.
With minor fault and minor damage, discontinuance of the proceedings may come into consideration, sometimes against a condition or after restitution. An agreement with the injured party (offender-victim mediation) can have a favorable effect.

What you should do now

  1. 1

    1. Remain silent

    Make no statements on the matter at first; provide only personal details.

  2. 2

    2. Access the file

    Have the accusation and the evidence examined.

  3. 3

    3. Consider restitution

    Check an agreement with the injured party or settlement of the damage.

  4. 4

    4. Aim for discontinuance

    With minor fault, a discontinuance of the proceedings may be possible.

How to spot the scam

  • You give a hasty confession without knowing the file.
  • A claim for damages is acknowledged without examination.
  • Deadlines in the criminal or fine proceedings are missed.

Frequently asked questions

What is punishable criminal damage?

The unlawful damaging or destruction of another's property (§ 303 StGB), for example scratching, kicking in or unauthorized spraying. A substantial, not merely temporary alteration of the appearance can also be covered. Damaging your own property, by contrast, is not punishable.

Do I need a criminal complaint for prosecution?

Usually yes. Criminal damage is in principle prosecuted only on a criminal complaint by the injured party, unless the prosecution authority affirms a special public interest. The criminal complaint must be filed within three months of learning of the act and the offender.

Can the proceedings be discontinued?

With minor fault and minor damage, discontinuance may come into consideration, sometimes against a condition such as restitution or a payment of money. An agreement with the injured party or offender-victim mediation can favor the discontinuance.

Take action now

We put together the ready-made texts and the right places to contact for you.

Create a letterCheck a suspicious message
More help: Emergency by phone · Act together · Right to a lawyer · All guides

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.