Filing a criminal complaint: how to proceed as a victim or witness

Anyone can file a criminal complaint, online via the internet police station, at any police station or with the public prosecutor. For certain offenses (offenses requiring an application), an additional time-bound criminal application is required. Good evidence and a clear account increase the chances of success.

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You can file a criminal complaint informally with the police or public prosecutor, also online. For offenses requiring an application (e.g. insult, trespass, simple bodily harm), an additional criminal application within three months of becoming aware is required.

As the injured party you can obtain access to the file through a lawyer and, for certain offenses, join the prosecution as a private accessory prosecutor. Good securing of evidence (photos, medical certificates, witnesses) strengthens the proceedings.

What you should do now

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1. Secure evidence
Secure evidence (photos, screenshots, medical certificates, witnesses) and note the course of events as precisely as possible.
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2. File the complaint
File the complaint online (internet police station), with the police or the public prosecutor and describe the facts clearly.
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3. Check the criminal application
For offenses requiring an application, additionally file a criminal application on time (three months from becoming aware).
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4. Use victim rights
As the injured party you can consider access to the file and, for certain offenses, the accessory prosecution, and make use of victim support.

How to spot the scam

For an offense requiring an application, the 3-month deadline for the criminal application passes.
Evidence is lost because you wait too long.
You file a complaint 'blindly', without concretizing the facts.

Frequently asked questions

How do I file a criminal complaint?

Informally at any police station, online via the internet police station of your state police or with the public prosecutor. Describe the facts clearly and secure evidence beforehand. No particular form is prescribed.

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

With the complaint you bring a possible crime to attention. For offenses requiring an application (e.g. insult, trespass), an additional criminal application is required, which you must file within three months of becoming aware of the offense and the offender.

What rights do I have as a victim?

You can obtain access to the file through a lawyer, join as a private accessory prosecutor for certain offenses and make use of victim support. Good securing of evidence and a precise account help the investigation.

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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.