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File a criminal complaint

Polizei · Report, request to prosecute and deadlines

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A criminal complaint is notification to the prosecuting authorities that a criminal offence may have taken place. It is free of charge, not bound to any particular form, and under § 158 Abs. 1 StPO possible not only at a police station but also at the public prosecution office and the Amtsgericht (local court). You do not need a lawyer for this.

But the most important point comes before everything else: a criminal complaint and a request to prosecute are not the same thing. The complaint reports a set of facts. The request to prosecute is the explicit statement that you want the offence prosecuted – and for a whole group of offences, nothing happens without it. It has a three-month deadline under § 77b StGB. The complaint has none.

Equally important is what you do not risk. Many hesitate because they fear making themselves liable to prosecution with a false report. § 164 StGB – false accusation – however, requires that someone acts "against their better judgement". Anyone who reports in good faith and is mistaken does not make themselves liable to prosecution.

One point that determines the right route: the Online-Wache (online police station) is not meant for every case. The states' joint portal names two exceptions explicitly – for offences involving threats or the use of violence you should contact the police immediately, in person or via the emergency number 110, and traffic accidents as well as offences with complex facts belong directly at the nearest police station. This is not a formality: only there can injuries be documented, traces secured, and protective measures checked immediately.

Last updated27 August 2026
Legal basis§ 158 StPO · § 77b StGB · § 164 StGB
VerificationChecked against gesetze-im-internet.de (consolidated version)
Written and reviewed byAndrés Sánchez Botta
Independent information page: We are not the police, not an authority, and not a paid advisory service — we do not file applications on your behalf. All information comes from official sources and is explained simply here; the competent body is always the one that applies. Not legal advice. If there is acute danger, call 110. All information provided without guarantee. We are neither lawyers nor tax consultants: we document administrative procedures and check the information against the official source — this is information, not legal or tax advice.
CostsFree of chargeEven without a lawyer
Request to prosecute3 monthsOnly for offences requiring a request to prosecute
NotificationNo deadlineUntil the offence becomes statute-barred
WherePolice, StA, AGAny police station
Required documents

What you need

Identity card or passport

For a formal report, your personal details will be recorded. Anonymous tips are indeed possible, but they are not a report: you cannot derive a confirmation, a case reference number or victims' rights from them.

What, when, where, who

The four pieces of information that make up the report. Note them down beforehand in bullet points – the date and time as precisely as possible, the location in a way that makes it findable, and the people involved with everything you know about them.

Evidence, as far as available

Photos, screenshots, messages, receipts, names of witnesses. Bring copies and keep the originals, unless the police explicitly need them. If there is no evidence at all, that does not prevent you from filing a report.

For offences requiring a request to prosecute: the request to prosecute

State explicitly that you are submitting a request to prosecute – and have it recorded. For insults, trespassing, criminal damage or simple bodily harm, this is the step without which proceedings are discontinued.

The written confirmation of receipt

Under § 158 Abs. 1 StPO, the injured party must be given written confirmation of receipt of the report on request. So you do not get it automatically – ask for it. For insurers and employers it is often the decisive document.

Step by step

How to proceed

  1. 1

    First establish whether it is urgent

    In case of acute danger, an ongoing offence, or injured people: if there is acute danger, an ongoing criminal offence, or injured people, the rule is always: 110 – for medical emergencies 112. Both numbers are staffed around the clock and free of charge. If the matter is over and no one is in danger, you have time to prepare the report – and a prepared report is far more useful than a hasty one.

  2. 2

    Note down the facts before you go

    Write down what, when, where, who in bullet points while the memory is still fresh. Also note what you do not know for certain – an honest uncertainty is more valuable than a statement that later has to be corrected.

  3. 3

    Secure evidence, delete nothing

    Screenshots with a visible date, photos, chat logs, and for emails the complete headers. Do not delete anything, including anything unpleasant. Evidence disappears quickly, and once it is gone it usually cannot be reconstructed.

  4. 4

    File the report — wherever you want

    Under § 158 StPO, the police, the public prosecution office and the local court accept reports. You are also not bound to the place where the offence occurred: any police station will take the report and forward it. Anyone who has moved or had something stolen while travelling does not have to travel back.

  5. 5

    Explicitly submit a request to prosecute, if needed

    For offences requiring a request to prosecute, the report alone is not enough. State explicitly that you are submitting a request to prosecute, and make sure it is recorded. When in doubt, submit it: it never does any harm and, for offences requiring a request to prosecute, can be withdrawn later.

  6. 6

    Keep the reference number and acknowledgement

    Note down the case reference number and ask for the written confirmation of receipt under § 158 StPO. With the case reference number you can later reach the relevant case worker, and insurers almost always require it.

Fee information

Costs and payment

The report, the request to prosecute, and deadlinesWhat is free of charge — and where a deadline really runs
Criminal complaintFree of charge
Request to prosecuteFree of charge
Deadline for the reportNone
Deadline for the request to prosecute3 months
LawyerNot required
Legal aid, personal contribution€15.00

The report itself costs nothing, regardless of where you file it. The most practically important difference concerns the deadline: the report has none – it is possible as long as the offence is not statute-barred. The request to prosecute, on the other hand, must under § 77b StGB be submitted within three months, and this period only starts "at the end of the day on which the entitled person obtains knowledge of the act and of the identity of the offender". As long as you do not know who it was, the deadline therefore does not run – a point at which many wrongly assume it is too late. If several people are involved or several people are entitled to submit a request, the deadline runs separately for and against each one under § 77b Abs. 3. Costs only arise if you bring in legal assistance; people on low incomes can get Beratungshilfe (advisory assistance for people on low incomes) with a personal contribution of €15.00 under No. 2500 VV RVG, which can even be waived in individual cases.

Good to know

Important notes

A criminal complaint and a request to prosecute are two different things. The complaint reports a set of facts, the request to prosecute states the intention to have it prosecuted. For offences requiring a request to prosecute, you need both.

The three-month deadline only starts once you know the offender. § 77b Abs. 2 StGB refers to knowledge of the act and of the identity. If the offender is unknown, it has not started yet.

A report made in good faith is not an offence. § 164 StGB requires acting "against one's better judgement". Anyone who is mistaken does not make themselves liable to prosecution – but anyone who knowingly makes a false accusation does, facing up to five years.

You are not bound to the place where the offence occurred. Any police station will take the report and forward it to the competent one. The public prosecution office and the local court also accept it.

You get the written confirmation of receipt on request. § 158 Abs. 1 StPO – but only on request. Ask for it explicitly, otherwise you will not receive it.

A report cannot simply be withdrawn. For offences prosecuted ex officio, the public prosecution office must investigate once it has knowledge. You can only withdraw the request to prosecute, and even then only for offences requiring a request to prosecute.

An investigation does not mean charges will be brought. Most proceedings end in discontinuance, often for lack of evidence. This is not a verdict on your credibility and does not prevent civil claims.

As an injured party, you have rights in the proceedings. Inspecting the file through a lawyer, being informed of the outcome, and, for serious offences, joining as a private accessory prosecutor. Ask about these – they are rarely pointed out on the authorities' own initiative.

Avoid these mistakes

Common mistakes

Filing a report and forgetting the request to prosecute. For insults, trespassing, criminal damage or simple bodily harm, proceedings are discontinued without a request – even though everything else was properly reported.

Believing the deadline has expired when it never even started. If the offender is unknown, no three-month deadline runs. Anyone who therefore does not even go to the police gives up a case that was still open.

Not reporting at all out of fear of a "false report". Only a knowingly false accusation is an offence. An honest mistake is not.

Deleting evidence because it is embarrassing. Insulting messages, awkward chat logs – they are often precisely the evidence that carries the case. Deletion is practically irreversible.

Leaving without a case reference number and without confirmation. You need both for follow-up questions and for the insurer, and both can be obtained on the spot within two minutes.

Reporting a violent offence via the online police station. For offences involving threats or violence, the police explicitly recommend the in-person route or the emergency number 110 – that is also where injuries can be seen and traces secured.

Frequently asked questions

Questions and answers

What does filing a criminal complaint cost?

Nothing. The report is free of charge regardless of where you file it, and you do not need a lawyer for it. Costs only arise if you bring in legal assistance – for example for inspecting the file or joining as a private accessory prosecutor. People on low incomes can get advisory assistance for this: the personal contribution under No. 2500 VV RVG is €15.00 and can be waived in individual cases. You apply for the certificate of entitlement at the local court for your place of residence.

What is the difference between a criminal complaint and a request to prosecute?

The complaint tells the authorities that a criminal offence may have taken place – anyone can file one, even someone not personally affected. The request to prosecute is the injured party's statement that they want prosecution to go ahead. For the so-called offences requiring a request to prosecute – such as insults, trespassing, criminal damage or simple bodily harm – prosecution may, as a rule, not proceed without this request, and the proceedings are discontinued. So, when filing the report, state explicitly that you are submitting a request to prosecute, and make sure it is recorded.

How much time do I have to file a report?

For the report itself there is no deadline – it is possible as long as the offence is not statute-barred, and the limitation periods depend on the severity of the offence. There is only a genuine deadline for the request to prosecute: three months under § 77b StGB. What matters is when it starts: the deadline only runs "at the end of the day on which the entitled person obtains knowledge of the act and of the identity of the offender". If the offender is unknown, it has therefore not even started yet. Even so: the sooner, the better – not because of the deadline, but because evidence disappears.

Can I withdraw a report once I have filed it?

As a rule, no. Once the public prosecution office learns of a prosecutable offence, it must investigate – this is the principle of mandatory prosecution, and your wishes do not change that. You can only withdraw the request to prosecute, and even then only for offences requiring a request to prosecute. What you can always do: tell the case worker that you are no longer interested in prosecution. This can play a role in the decision on whether to discontinue proceedings – it is not guaranteed.

Can I file a report anonymously?

You can give anonymous tips, and the police will follow up on them. However, this is not a formal report: without personal details there is no confirmation of receipt, no case reference number, no victims' rights, and no information about the outcome. For insurance claims, an anonymous tip is of no use at all. If you are afraid of the accused, raise this openly when filing the report – there are witness protection measures and the option of giving an address for service instead of your home address.

Do I make myself liable to prosecution if my suspicion turns out to be wrong?

No, as long as you act in good faith. § 164 StGB is correctly called "false accusation" and explicitly requires that someone acts "against their better judgement" – that is, knows the accusation is untrue and nevertheless wants to trigger proceedings. Anyone who is honestly mistaken or mistakes one person for another does not meet the elements of this offence. Anyone who knowingly makes a false accusation, on the other hand, risks imprisonment of up to five years. Fear of this provision keeps many people from filing a legitimate report unnecessarily.

Do I have to go to the police station where the offence occurred?

No. § 158 Abs. 1 StPO names the public prosecution office, the police and the local courts as the bodies with which a complaint and a request to prosecute can be filed – with no geographical restriction. Any police station will take your report and forward it to the competent one. This is particularly important if you became a victim while on holiday or travelling: you can file the report once you are home. Just note that a report filed where the offence occurred will be processed faster there, and securing evidence is easier if time is of the essence.

What happens after the report is filed?

The police investigate and hand the file to the public prosecution office, which decides whether to bring charges, discontinue proceedings, or apply for a penalty order. Expect months, not days – there is no fixed processing time, and it depends on the offence, the evidence, and how busy the authorities are. As an injured party, you will be informed of the outcome if you have requested this. If no response arrives, follow up with the public prosecution office using the case reference number – not the police, who will long since have passed the matter on.

Related official procedures

Online-Wache (online police station)
When it works and when it does not
Free of charge
Report theft
Case reference number for the insurer
Free of charge
Bodily harm
Request to prosecute within three months
Free of charge

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