Discontinuance of proceedings: when is it possible?

1What is it about?

Not every investigation ends in an indictment. The public prosecutor’s office may discontinue the proceedings where there is no sufficient suspicion of an offence (§ 170 (2) StPO). Where guilt is minor and there is no public interest in prosecution, discontinuance under § 153 StPO is possible, and under § 153a StPO subject to conditions and directions, for example a payment of money or reparation.

Even after an indictment has been brought, the court may, under certain conditions, discontinue the proceedings, usually with the consent of the public prosecutor’s office and the defendant. Discontinuance is not a conviction; no entry is made in the Federal Central Register (Bundeszentralregister).

2Typical case scenarios

• The evidence is not sufficient for an indictment.
• It is a misdemeanour (Vergehen) involving minor guilt, for example in the case of first-time offenders.
• Reparation or offender–victim mediation (Täter-Opfer-Ausgleich) has taken place.
• Several proceedings are pending, and one of them is insignificant by comparison (§ 154 StPO).
• The proceedings have ended because of limitation or another procedural bar.

3Frequently asked questions

4How the proceedings unfold

1. ReviewEvaluation of the results of the investigation by the public prosecutor’s office.
2. Proposal by the defenceSubmission with arguments in favour of discontinuance.
3. DecisionDiscontinuance for lack of suspicion or subject to conditions.
4. CompliancePayment, reparation or other condition, followed by final discontinuance.

5What requires particular attention

• Check conditions for amount and reasonableness; they are negotiable.
• Keep strictly to payment deadlines.
• Bear in mind civil-law and professional-law consequences, which may remain.
• Discontinuance subject to conditions does not amount to a finding of innocence.

6How we defend you

We first examine whether discontinuance for lack of suspicion is possible, and put the reasons to the public prosecutor’s office. Where this is not possible, we examine the option of discontinuance subject to conditions and negotiate their nature and amount.

We prepare reparation or offender–victim mediation and ensure that the conditions are fulfilled in a legally secure manner. Where an indictment has been brought, we also propose discontinuance during the main proceedings.