Dismissal of criminal proceedings without a main hearing

Proceedings discontinued during the investigation

Every criminal proceeding is based on an investigation conducted by law enforcement. This means that – as a rule – the police, under the direction of the public prosecutor's office, investigate whether, by whom, and to what extent a crime has been committed. The investigation typically ends when all investigative avenues have been exhausted. If there is sufficient evidence to suggest that a conviction is likely (reasonable suspicion), the public prosecutor's office can file charges or apply for a summary penalty order. Should the court accept the charges and open the proceedings, a trial will take place. If a summary penalty order is issued, a sentence is imposed.

However, there are also situations in which punishment, and especially a public trial, can be avoided. Even if there is initial suspicion, it is conceivable that criminal proceedings can be discontinued if certain circumstances exist that justify such a discontinuation. Concluding criminal proceedings while still in the preliminary investigation stage is the safest and earliest way to avoid punishment through conviction. To clarify whether such a case exists and what arguments and presentations can be used to achieve a discontinuation, it is advisable to consult a lawyer early on. After reviewing the investigation file, the necessary arguments can be presented in a motion for discontinuation or a so-called "protective brief.".

A discontinuation of the proceedings has the consequence that... no conviction gives, which are entered into the criminal record will be entered. The Federal Central Register (BZR) – which can be accessed by certain authorities, including the police, the judiciary, and the German Armed Forces – therefore remains "clean". This also applies to... Certificate of good conduct remains in the event of the discontinuation of criminal proceedings untouched. Furthermore, discontinuing proceedings during the investigation can also prevent the employer from being informed about the criminal proceedings, as would be the case with civil servants or the medical association in the case of doctors, or from facing other professional consequences. Nevertheless, discontinued proceedings are recorded in the Central Register of Prosecutor's Office Proceedings (ZStV) for a period of two years. However, this register serves only for the exchange of information between the public prosecutor's offices of the different federal states and can only be accessed by a few authorities outside the criminal justice system.

Settings options

There are various ways in which proceedings can be discontinued. The possible discontinuations and the different requirements are regulated in the Code of Criminal Procedure (StPO).

1. Dismissal pursuant to Section 170 Paragraph 2 of the Code of Criminal Procedure

The option of discontinuing proceedings pursuant to Section 170 Paragraph 2 of the German Code of Criminal Procedure (StPO) is the most common and also represents the best possible outcome of a discontinuation of proceedings. It is considered when the investigations do not provide sufficient grounds for bringing charges or applying for a penal order. This is the case when, after examining the specific evidence and legal situation, no sufficient suspicion of a crime, This means that there is no overwhelming probability of a conviction. Such a dismissal is conceivable, for example, if there is insufficient usable evidence or if no perpetrator could be identified; but also, for legal reasons, if the crime is time-barred or if there are grounds for justification or excuse on the part of the (alleged) perpetrator.

However, when discontinuing criminal proceedings pursuant to Section 170 Paragraph 2 of the Code of Criminal Procedure, it must be taken into account that the preliminary investigation must be concluded. resumed This can happen if there is a specific reason to do so – for example, if new evidence comes to light. This is because the public prosecutor's office does not, by discontinuing proceedings before filing charges, thereby inadmissible prosecution.

2. Dismissal pursuant to Section 153 of the Code of Criminal Procedure

A dismissal of charges pursuant to Section 153 of the Code of Criminal Procedure is conceivable if, despite the existence of sufficient suspicion of a crime, Minority It is to be assumed that such a discontinuation of proceedings can occur pursuant to Section 153 Paragraph 1 Sentence 1 of the Code of Criminal Procedure both in the preliminary proceedings, i.e., before charges are filed, and in the intermediate or main proceedings pursuant to Section 153 Paragraph 2 Sentence 1 of the Code of Criminal Procedure.

This requires the existence of certain conditions. Requirements:

• The prosecuted offense must be a Offenses Offenses are defined in Section 12 Paragraph 2 of the German Criminal Code (StGB) as unlawful acts punishable by a minimum sentence of less than one year's imprisonment or a fine. Examples of offenses include theft (Section 242 StGB), simple assault (Section 223 StGB), fraud (Section 263 StGB), receiving stolen goods (Section 259 StGB), insult (Section 185 StGB), and criminal damage to property (Section 303 StGB). 
• The Guilt of the perpetrator must also be small amount to be considered; for example, if, in comparison with similar offenses, the culpability with regard to the execution of the act or with regard to the consequences of the act is considerably less.
• Furthermore, may no public interest in prosecuting the crime If the accused, charged, or indicted person already has certain "pre-existing conditions" from the past – such as prior convictions or a discontinuation of proceedings subject to conditions and instructions – such a public interest may exist, thus precluding a discontinuation of proceedings pursuant to Section 153 of the Code of Criminal Procedure.
• Furthermore, the Consent of the parties involved in the proceedings is required. If the public prosecutor's office discontinues the proceedings pursuant to Section 153 Paragraph 1 of the Code of Criminal Procedure, only the court's consent is required. However, if the court wishes to discontinue the proceedings pursuant to Section 153 Paragraph 2 of the Code of Criminal Procedure, both the public prosecutor's office and the accused must consent.

If the public prosecutor's office discontinues proceedings pursuant to Section 153 Paragraph 1 of the Code of Criminal Procedure (StPO), the possibility of bringing charges or applying for a summary penalty order is not "exhausted." Rather, the proceedings can be reopened if there is a valid reason. However, if the competent court discontinues the proceedings pursuant to Section 153 Paragraph 2 of the Code of Criminal Procedure (StPO), the public prosecutor's office has already "exhausted" its possibility of bringing charges. Prosecution in the same matter would only be possible by analogy to Section 153a Paragraph 1 Sentence 1 of the Code of Criminal Procedure (StPO) if the committed act later proves to be a felony, i.e., if the act, as it is subsequently determined, is punishable by a minimum term of imprisonment of one year or more (Section 12 Paragraph 1 of the Criminal Code (StGB)).

3. Dismissal pursuant to Section 153a of the Code of Criminal Procedure

A dismissal pursuant to Section 153a of the Code of Criminal Procedure takes place. subject to conditions and instructions. This option of discontinuing proceedings can also be exercised by the court pursuant to Section 153a Paragraph 1 Sentence 1 of the German Code of Criminal Procedure (StPO), both during the preliminary investigation (i.e., before the public prosecutor's office files charges) and during the intermediate and main proceedings pursuant to Section 153a Paragraph 2 Sentence 1 StPO. By imposing or issuing conditions and instructions, the obstacle of public interest in prosecution is removed – in contrast to a discontinuance under Section 153 StPO – provided that the seriousness of the offense does not preclude it. The requirements for discontinuance under Section 153a StPO are essentially the same as those for Section 153 StPO. The only difference lies in the requirement for consent, in which the consent of both other parties to the proceedings – the respective prosecuting authority and the accused – is required in both cases.

The conditions and instructions stipulated in the law are:

• Provision of compensation for the damage caused by the act (deadline: max. 6 months)
• Payment of a sum of money to a charitable organization or the state treasury (deadline: max. 6 months)
• Providing charitable services (deadline: max. 6 months)
• Descendants with maintenance obligations of a certain amount (deadline: max. 1 year)
• Serious efforts to achieve victim-offender mediation (§ 155a StPO) with the victim, in order to at least largely make amends for the offense or to strive to do so (deadline: max. 6 months)
• Participation in a social skills training course (duration: max. 1 year)
• Participation in a remedial course pursuant to Section 2b Paragraph 2 Sentence 2 of the German Road Traffic Act (StVG) or in a driver fitness seminar pursuant to Section 4a of the German Road Traffic Act (StVG) (deadline: max. 6 months)
• Psychiatric, psycho- or social therapeutic care or treatment (duration: max. 1 year).

Once the condition or instruction has been set, the procedure will begin. initially only temporarily suspended and the accused has the opportunity to comply within the set deadline. The proceedings will then continue. permanently discontinued, if the imposed condition and given instruction have been fulfilled. According to Section 153 Paragraph 1 Sentence 5 of the Code of Criminal Procedure, the offense can only be prosecuted again if it subsequently turns out that it is not a misdemeanor, but a felony under Section 12 Paragraph 1 of the Criminal Code.

4. Dismissal pursuant to Section 154 of the Code of Criminal Procedure

A discontinuation of proceedings by the public prosecutor's office pursuant to Section 154 Paragraph 1 of the Code of Criminal Procedure is only possible in the case of Presence of multiple offenses This is possible. This means that the accused must already be facing a sentence or a measure of rehabilitation and security for another offense, or must have already been convicted, so that the newer offense is no longer considered significant enough to warrant its dismissal. This primarily concerns minor offenses that are hardly relevant compared to more serious crimes with higher sentences. According to Section 154 Paragraph 2 of the German Code of Criminal Procedure (StPO), this can also be done by the court after charges have been filed.

However, if the sentence or measure of rehabilitation and security in another matter is subsequently revoked, the procedure can be discontinued by a court order pursuant to Section 154 Paragraph 3 of the Code of Criminal Procedure. resumed will be, unless the statute of limitations has expired in the meantime.

5. Dismissal pursuant to Section 154a of the Code of Criminal Procedure

According to § 154a of the Code of Criminal Procedure, Process parts Proceedings can be discontinued or "limited" if multiple offenses were committed in one act and these are of minor severity and therefore not considered significant. However, this does not mean that the entire case is dismissed, but only parts of it.

Furthermore, there are additional possibilities for discontinuing proceedings, which are regulated in Sections 153b-154f of the Code of Criminal Procedure. These include discontinuances in the absence of the accused, offenses committed abroad, offenses against the state, crimes under the International Criminal Code, and specific other offenses.

Options for discontinuation in juvenile criminal law

Juvenile criminal law differs from general criminal law. additional settings These measures focus on the educational principle that is central to juvenile criminal law. Because young people are not always aware of the consequences of their actions and are more easily led to commit crimes, the emphasis should be less on pure punishment and much more on education and promoting resocialization. The following options for discontinuing proceedings exist in juvenile criminal cases:

Dismissal pursuant to Section 45 of the Juvenile Courts Act

Section 45 Paragraph 1 of the Juvenile Courts Act (JGG) provides for the application of Section 153 of the Code of Criminal Procedure (StPO) in juvenile criminal law, i.e., in the case of Minority of the offense. The public prosecutor's office can discontinue the proceedings without a judge's consent if the necessary conditions are met.

Furthermore, the public prosecutor's office may discontinue proceedings pursuant to Section 45 Paragraph 2 of the Juvenile Courts Act if a educational measure Educational measures may include, for example, the provision of community service or counseling. These measures may have been initiated or carried out, or the young person may be seeking victim-offender mediation.

If the juvenile confesses to the offense, a dismissal of charges under Section 45 Paragraph 3 of the Juvenile Courts Act (JGG) is also possible. Issuance of a warning, instructions or conditions This is conceivable. This approach is then suggested by the public prosecutor's office and decided upon by a juvenile judge, so that no conviction occurs.

Dismissal pursuant to Section 47 of the Juvenile Courts Act

Section 47 of the Juvenile Courts Act (JGG) allows for the discontinuation of proceedings in the cases specified in Section 45 JGG even if the public prosecutor's office has already filed charges. The discontinuation is then carried out by the judge with the consent of the public prosecutor's office.

Option to discontinue proceedings in narcotics criminal law

A special provision for discontinuing proceedings exists in narcotics criminal law. According to the regulations in Section 31a of the Narcotics Act (BtMG) and Section 35a of the Narcotics Control Act (KCanG), the public prosecutor's office can discontinue proceedings if the offenses are misdemeanors, the offender's culpability is considered minor, there is no public interest in prosecution, and the offender committed the narcotics-related offense only for the purpose of... Own consumption has committed this offense. In each individual case, it must be proven that the quantity is to be classified as small.

Dismissal of criminal proceedings and avoidance of a main trial – Fast and effective solution in Hamburg, Northern Germany and throughout Germany

Dismissal of criminal proceedings is the best way to end an ongoing investigation quickly and easily. If you are affected by an investigation in Hamburg, Northern Germany, or anywhere in Germany, do not hesitate to contact us immediately. We will represent your interests before the relevant authorities, provide proof of our legitimacy, and request access to the case file to thoroughly review your case.

Following this, we will assess whether discontinuing the proceedings is advisable and advise you individually on the best course of action in your case. Trust in our expertise in criminal law in Hamburg – we are committed to finding an efficient and discreet solution to your case. Our goal is always to avoid a public trial, if possible.