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Criminal proceedings

Violence is a criminal offense. How a violent offense is prosecuted is governed by criminal law. The criminal consequences of a violent offense are determined in criminal proceedings.

Criminal law deals with acts such as sexualized violence, domestic violence, threats or insults. Depending on how serious the offense is, it is referred to as an infraction, misdemeanor or felony. The consequences can range from a fine to several years in prison. 

There are two types of offenses: Crimes of application and official offenses.

In these cases, the victim decides for themselves whether they want to press charges. Example: simple assault, assault, verbal abuse, misuse of telecommunications equipment.
Eine Ausnahme ist bei Häuslicher Gewalt: Da gelten einfache Körperverletzung und wiederholte Tätlichkeiten als Offizialdelikte.

Important:

  • the police may only investigate if the victim signs a criminal complaint (the complaint alone is not sufficient)
  • The criminal complaint must be filed no later than 3 months after the offense
  • The criminal complaint can also be withdrawn
  • Nothing happens without a criminal complaint - the proceedings are terminated

The police or public prosecutor's office must always act as soon as they have knowledge of the crime. Criminal proceedings are opened regardless of whether the victim wishes to press charges or not. Examples: grievous bodily harm, threats, coercion, domestic violence, sexual assault, rape

Bei bestimmten Straftaten (z. B. einfache Körperverletzung oder wiederholte Tätlichkeiten in einer Ehe oder Partnerschaft) kann das Strafverfahren auf Wunsch des Opfers vorläufig gestoppt werden (Art. 55a StGB).

This is the procedure:

  • The victim submits a request for suspension
  • The public prosecutor's office examines whether a break (suspension) improves the victim's safety and stability
  • Conditions may be imposed. For example, the accused person may be required to attend a learning program
  • The break (suspension) lasts a maximum of 6 months
  • If the situation improves, the proceedings can be discontinued permanently
  • If the situation does not improve, the procedure can be resumed at any time

This is how criminal proceedings work

In most cases, the police, the public prosecutor's office or a specialist agency is the first to learn of the crime. This may be directly from the victim or from a third party.

The police collect information, interview those involved and draw up a report.

Victims and other affected persons are often involved as private claimants. They can request access to the files and exercise their own rights. 

In the end, the public prosecutor's office decides. It has the following options:

  • Penalty order (similar to a judgment)
  • Indictment before the court
  • Discontinuation of the proceedings (e.g. if there is too little evidence)
  • If charges are brought, a trial takes place and a judge issues a verdict at the end. The decision can then be appealed to a higher court.

We are here for you

We support you throughout the entire process: we explain procedures, advise you on decisions and, if necessary, put you in touch with experts, e.g. lawyers.

Further information on this topic