Strafanzeige bei der Polizei; Erstattung
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You can file a report if you believe that a criminal offense has been committed. Online reporting is possible for online auction fraud and certain crimes involving bicycles or motor vehicles, among other things.
A criminal complaint is the notification of facts to the competent law enforcement authorities which, in the opinion of the person making the complaint, could constitute a criminal offense.
Filing a report of a suspected criminal offense (e.g. theft or assault, a form of cybercrime or other crimes) triggers a police investigation. In principle, a report cannot be withdrawn.
Anyone is entitled to file a report, not just an injured party. Anonymous reports can only be made by non-personal means, as every witness is obliged to provide their personal details. A report against persons unknown is permissible. It is also possible to report yourself.
There is no legal obligation for private individuals to report criminal offenses that have already been committed. Private individuals are only required by law to report the planning of certain criminal offenses listed in Section 138 StGB.
Legal note: Reporting a crime can have serious consequences. Anyone who fakes an unlawful act or wrongly suspects another person by knowingly providing false information is liable to prosecution.
Furthermore, you are damaging successful police work if the police have to investigate a "faked crime" instead of dealing with actual crime during this time.
- Depending on the individual case, different documents (e.g. evidence) are necessary.
The criminal complaint can be filed with a police authority, a public prosecutor's office or a local court. As the investigation is usually carried out by the police, it is advisable to file a complaint there to speed up the investigation. It can be made verbally or in writing. The verbal report is recorded.
The police submit the report to the public prosecutor's office by order. Once the investigation has been completed, the public prosecutor's office decides whether charges will be brought against the accused or whether the case will be dropped. In the latter case, the complainant will receive a written notification informing him or her of any appeal options.
If you file a complaint, the police may ask for various pieces of information:
- Personal details of the complainant
- Description of the facts of the case
- Description of the crime from your point of view
- Details of the place and time of the crime
- Information on weapons, tools, motor vehicles or other objects used in the crime
- If the perpetrator is known: give their personal details
- If the perpetrator is unknown: give a precise description of the person
- Information on the motive
- Details of the injured parties, injured persons or property damage caused
- Information on the personal details of witnesses
- Details of all measures already taken
None in principle. However, in the case of certain less serious offenses, prosecution is not possible if the injured party does not declare their interest in prosecution to the authorities within 3 months of becoming aware of the offense and the perpetrator. Otherwise, the general statute of limitations applies.