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Filing a Criminal Report with the Police
Anyone can file a criminal report (»Strafanzeige«) with the police. This serves mainly as a way to inform the investigative authorities about a possible offense. A report can be filed in writing or verbally at any police station or the state prosecutor’s office. As a general rule, it is advisable to go to the closest police station.
After charges have been filed, the police and state prosecutor are obligated to begin investigating. The only exception is when it is obvious that no actual evidence exists to suggest a criminal offense has occurred. Once a report has been filed, the investigation is out of your hands. Either the police or the state prosecutor now has the responsibility. You cannot revoke a report once it has been filed.
Filing a Complaint
Generally, there is no deadline for filing charges. Even so, you should try to file the report as soon as possible after the incident. Keep in mind that there are certain offenses, like trespassing and insults for example, that can only be pursued if the report is filed by the actual person affected. This works differently from a simple incident report. In such cases, you must explain in writing that the police should investigate the offenders.
A complaint (»Strafantrag«_) can be completed at the same time as the criminal report (_»Strafanzeige«). On the police’s criminal report form, you simply need to mark the corresponding box »Ich stelle Strafantrag« (I am filing a complaint). You can also file a complaint later in writing, but as a general rule, this is only possible up to three months after the incident.
When reports are filed, the elements of the offense have, for the most part, not yet been determined. This is because it is often not yet clear, as to which offenses should be taken into account and whether or not a complaint is a prerequisite for pursuing the incident any further. For this reason, you should take the precautionary measure of filing a complaint whenever you file a report. This can only work to your advantage.
Insecurity in Dealing with the Police
If you feel unsure about dealing with the police, you should ask someone you trust or an Opferperspektive employee to accompany you when filing a report. However, only the authority who conducts the questioning can decide whether your escort can be present during questioning. If you don’t feel completely confident about your German, you have the right to an interpreter at the police station, free of charge. Insist on having one!
It is advisable to make sure you get a confirmation (»Bestätigung«_) for the report. On the confirmation, you will find what is referred to as the log number (_»Tagebuchnummer«). This is the entry number used for administration purposes by the police station responsible for your case. If you have this number, you will make it much easier on yourself later on when inquiring about the report or the status of the investigation.
The police are required to accept any and every report. Despite this, it has happened that authorities have strongly recommended that injured parties forgo filing a report. If you don’t feel that the police are treating you as they should, if they send you home or don’t give you a written confirmation of your report, you can demand to clear matters up with their superiors.
In specific circumstances where it is clear you have been treated inappropriately, it may make sense to file a formal complaint about the public servant’s misconduct (»Dienstaufsichtsbeschwerde«).
(OPP)
