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Discontinuation against a monetary condition: ending proceedings without a conviction

For less serious accusations, criminal proceedings can be discontinued in exchange for a condition, often a monetary payment. This is not a conviction: there is no finding of guilt and no entry in the certificate of good conduct. Still, you should accept such a discontinuation with care and best with a lawyer's support.

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Your chances of getting your money back

A discontinuation against a condition (§ 153a StPO) ends the proceedings without a finding of guilt. If you fulfill the condition (e.g. a monetary payment), there is no conviction and no entry in the certificate of good conduct.
The discontinuation requires your consent and that of the public prosecutor/court. Whether it is favorable for you depends on the individual case, sometimes an acquittal is achievable, sometimes the discontinuation is the pragmatic way.

What you should do now

  1. 1

    1. Check the offer

    Clarify the amount and type of the condition and what happens in return (discontinuation without a finding of guilt).

  2. 2

    2. Weigh the alternatives

    With your lawyer, check whether an acquittal is realistic or the discontinuation is the better way.

  3. 3

    3. Consent or refuse

    The discontinuation takes place only with your consent. Decide in an informed way, not under pressure.

  4. 4

    4. Fulfill the condition

    After consenting, fulfill the condition on time, then the proceedings are finally ended.

How to spot the scam

  • You consent out of relief, although an acquittal would be possible.
  • The amount of the monetary condition seems disproportionate.
  • You do not fulfill the condition on time (then the proceedings are revived).

Frequently asked questions

Is a discontinuation against a monetary condition a conviction?

No. With a discontinuation under § 153a StPO there is no finding of guilt and no entry in the certificate of good conduct. The proceedings are ended in exchange for fulfilling a condition, often a monetary payment, without you being considered convicted.

Do I have to consent?

Yes, the discontinuation against a condition requires your consent (as well as that of the public prosecutor or court). You should decide in an informed way, when in doubt after consulting a lawyer who assesses the chances of an acquittal.

What happens if I do not pay the condition?

If you do not fulfill the condition on time, the proceedings can be resumed. Therefore, make sure to pay the monetary condition in good time so that the proceedings remain finally discontinued.

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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.