Application for the Dismissal of Criminal Proceedings

The dismissal of criminal proceedings is a significant legal step in German criminal law. It can occur in different ways and is based on various legal grounds. Below, we outline the main types of dismissal of criminal proceedings in Germany.

Dismissal under Section 170 (2) of the German Code of Criminal Procedure (StPO) – Lack of Sufficient Suspicion

This applies when the public prosecutor concludes that there is no sufficient suspicion of a criminal offence. This may be the case when:

• Investigations reveal that no punishable act has been committed.
• The available evidence is not sufficient to expect a conviction.
• The accused did not commit the offence or acted within the limits of lawful conduct.

Dismissal under Section 153 StPO – Minor Guilt

The public prosecutor may dismiss proceedings if the alleged offence is considered minor and there is no overriding public interest in prosecution. This is particularly relevant if:

• The case is not serious enough to justify a full criminal procedure.
• The public interest in prosecution is outweighed by the potential negative consequences for the accused.

Dismissal under Section 153a StPO – Conditional Dismissal with Obligations

This is a conditional dismissal, allowing the accused to avoid a trial by fulfilling certain obligations or instructions. Examples include:

• Payment of a sum of money to a charitable organisation.
• Participation in a social training course.
• Compensation for damages caused.

If the accused fulfils the conditions, the case is closed. Failure to comply, however, may result in the resumption of proceedings.

Dismissal under Section 154 StPO – Partial Dismissal

In some cases, it may be appropriate to dismiss only part of the proceedings. This is possible if:

• Multiple allegations exist, but only some lack sufficient suspicion, while others continue to be pursued.
• There is no public interest in prosecuting certain aspects of the case.

Dismissal with the Consent of the Accused under Section 395 StPO

In exceptional cases, proceedings may be dismissed by mutual agreement between the accused and the prosecution. This typically applies only to less serious cases or misdemeanours.

Dismissal by Court Order

If the case has already reached the criminal court, the court may decide to dismiss the proceedings – either due to insufficient suspicion or other reasons. However, this usually requires an application by the public prosecutor, which is often the decisive factor.

Impact on the Federal Central Register (BZR) and Criminal Records

Whether an entry is made in the Federal Central Register depends on the type of decision taken.

• No entry in case of dismissal: If proceedings are dismissed without a conviction (e.g. under Section 170 (2), Section 153 or Section 153a StPO), no entry is made in the BZR. The person is therefore not considered “convicted”.
• No negative impact on the criminal record: Since no conviction has occurred, no entry will appear in the official certificate of conduct. This means that individuals are usually not disadvantaged in applications or legal checks.
• Relevance for future proceedings: Even if a dismissal leaves no formal entry, repeated proceedings may influence future legal assessments – for example, in the context of renewed criminal investigations or security clearances.

Conclusion

The dismissal of criminal proceedings in Germany can occur in different ways, depending on the facts of the case and the seriousness of the alleged offence. Whether due to lack of suspicion, minor guilt or conditional obligations, dismissal decisions have important legal and social implications for both the accused and society.

It is essential to understand the specific requirements and legal framework in order to safeguard the rights and options of the accused within criminal proceedings. Our experienced criminal defence lawyers in Frankfurt and nationwide provide expert advice and representation in such cases.

FAQ – Dismissal of Criminal Proceedings in Germany

Does a dismissal mean I am acquitted?
No. A dismissal means that proceedings are terminated, but it does not constitute an acquittal.

Will a dismissal appear in my criminal record?
In most cases, no. Dismissals under Sections 170 (2), 153, or 153a StPO do not lead to entries in the Federal Central Register.

Can the prosecution reopen the case?
Yes, particularly in cases of conditional dismissal under Section 153a StPO. If the obligations are not fulfilled, proceedings can be resumed.

Do I need a lawyer for an application for dismissal?
Yes. An experienced criminal lawyer in Frankfurt will assess the case, prepare applications, and negotiate with the prosecution to secure the best possible outcome.

Contact Us – Your Criminal Defence Lawyers in Frankfurt and Nationwide

• Dr. Caroline Jacob, Criminal Defence Lawyer, Specialist Lawyer for Criminal Law
• Frank M. Peter, Criminal Defence Lawyer, Specialist Lawyer for Criminal Law
• Dr. Sven Henseler, Criminal Defence Lawyer, Diplom-Finanzwirt (FH)
• Of Counsel: Prof. Dr. Frank Peter Schuster
• Cooperation Partner: Tax Consultant and former Tax Investigator Frank Wehrheim

Our law firm Buchert Jacob Peter has been working in criminal defence for over 25 years in Frankfurt am Main, representing clients throughout Germany.

📞 Phone: +49 69 710 33 330
✉️ Email: kanzlei@dr-buchert.de

👉 More about: Tax Evasion | Criminal Defence | White Collar Crime | Attorneys

• Teilen