Criminal charge

A criminal complaint ( in Switzerland: Verzeigung ) is the statement of facts to the relevant law enforcement authorities, which could be a criminal offense according to the notifying party considers. The complaint must be distinguished from the criminal complaint, the process is a prerequisite.

Complainants

Display is eligible to anyone, not just a victim. Anonymous display Refunds are only available on the non- personal way, as each witness is required to give his personal details. Against unknown persons is permitted. It is also possible to display itself. From the self- display and use may be made if the Indicating considers himself innocent and would have confirmed his innocence by an appropriate setting available to the prosecution.

Certain data ( offense, time of the crime, etc. ) of each complaint are incorporated into the uniform federal police crime statistics (PKS ). On the entry documents the relevant statistical key be entered.

In Germany there is no general duty of disclosure except for law enforcement officers who are called for the investigation of criminal offenses. From individuals must be displayed by law because only the planning of certain, in § 138 StGB listed offenses; see failure to report planned crimes. A notifiable to refund previous acts of crime does not exist for individuals by applicable laws.

Most criminal charges refunded the police based on their own perception or by message, for example, in the police operation during the patrol or on a police station. This is referred to as "the Office display" or " display of its own motion ." Police Internal she wears after creating the name " formatted display " and gets a criminological name, where applicable stating the penalty provision.

Form

The complaint may be rendered verbally or in writing to the police, a prosecutor's office or the local courts. The oral notice be put on record ( " for writing "). For certain offenses (so-called request offenses) in addition to the reimbursement of criminal charges also the position of a charge is required within three months of becoming aware of the offender by the victim.

A criminal charge can - unlike a criminal complaint ( § 77d of the Criminal Code ) - will not be " withdrawn " because it is not a procedural law, but an actual process of knowledge transfer, to the law enforcement authorities to link their own investigations.

Online complaint

In the context of e-government, it is also possible in eleven German states to report a complaint online via the Internet. This called service usually Internet Guard currently offer the police of Berlin, Brandenburg police, police Baden- Württemberg, Hamburg police, police Hesse, police Mecklenburg -Western Pomerania, Lower Saxony Police, police of North Rhine -Westphalia, police Saxony, police Saxony- Anhalt and the police Schleswig- Holstein.

Method

If there are, due to the reported facts in the complaint are factual indications that an offense could be implemented (so-called initial suspicion ), the law enforcement authorities are obliged to follow the display and clarify the facts as far as possible. Here the principle of legality for the investigating authority applies.

The display is presented by the police Abverfügung by the prosecutor, within the business process by the police after investigation, " abverfügt " (done on serious crimes Nachgänge ). The prosecutor decides after investigation, whether against the accused charges are brought or proceeding shall be terminated. In the latter case, the complainant will receive a written decision. Complainants may appeal against the termination complaint. About this decides the service superior authority, the Attorney General's Office. If the complainant also injured, he can - should not grant the Attorney General 's complaint - operate the so-called Klageerzwingungsverfahren.

The portfolio consistent treatment of criminal charges is carried out in practice by a variety of documents such as Tatblätter, interviews, facts, memoranda, declarations, reports / reports, sketches, photo portfolios and evidence objects. A criminal complaint served its original purpose - involving the judicial - only when they - mostly on the criminal - law enforcement authority, so the prosecutor is received. Basically, the principle of legality applies ( § 152 Code of Criminal Procedure ). The prosecutor may, after completion of the investigation in certain cases, the procedure because of lack of public interest or on grounds of insignificance ( possibly in connection with a money Edition) set, even if the proof of the deed and guilt has been rendered.

When editing are of the authorities involved, the guidelines for the criminal case and the penalty method ( RiStBV ) observed.