Discontinuation of Proceedings

Most investigations do not end with a judgment. They end with a discontinuation – and which provision is used makes a substantial difference to the person concerned. Between a case dropped for lack of suspicion and one dropped against payment of 3,000 euros lies a considerable gap, legally and personally.

The four ways out of a case

Where the suspicion does not hold, the prosecution discontinues under Section 170(2) StPO. That is the best outcome: no condition, no payment, nothing attached. Where the offence can be proved but the culpability is slight and there is no public interest in prosecution, Section 153 StPO comes into play. Where the public interest is to be removed by something the accused does, the route runs through Section 153a StPO. Section 154 StPO covers cases in which one offence carries no weight alongside others.

Which of these is realistic can only be judged after access to the file. Agreeing to a condition when the evidence does not hold means paying for a case that would have ended anyway.

Section 153 StPO: discontinuation for minor culpability

The provision requires a Vergehen (an offence at the lower tier of German criminal law), slight culpability and the absence of a public interest in prosecution. As a rule the court that would be competent to open the main proceedings must consent. That consent is not required for offences without an elevated minimum penalty where the consequences of the act are slight (Section 153(1) sentence 2 StPO) – in those cases the prosecution can decide alone, which speeds matters up considerably.

Once charges have been brought, the court may discontinue at any stage with the consent of the prosecution and the accused. The decision is not open to appeal (Section 153(2) StPO). No payment is attached to this provision.

Section 153a StPO: discontinuation subject to conditions

This is the most common route in practice. The prosecution provisionally refrains from bringing charges and imposes conditions that must be capable of removing the public interest in prosecution; the degree of culpability must not stand in the way. The consent of the court and of the accused is required. After charges have been brought, the court decides with the consent of the prosecution and the accused.

The statute lists eight possible conditions and directions. The ones that matter in practice are payment of a sum to a charitable organisation or to the treasury, compensation for the damage caused, community service, victim-offender mediation, attendance at a social training course or a driver aptitude seminar under Section 4a of the Road Traffic Act, and a direction to undergo therapy. Which one is chosen is negotiable, and that is too rarely used.

The prosecution sets a deadline for compliance: up to six months for compensation, payment, community service, victim-offender mediation and the driver aptitude seminar; up to one year for maintenance payments, the social training course and therapy. It may be extended once by three months. The limitation period is suspended while it runs (Section 153a(3) StPO).

Once the condition is met, the act can no longer be prosecuted as a Vergehen. That bar is limited: if it later emerges that the conduct amounted to a Verbrechen, the more serious tier, prosecution remains possible. If the condition is not met, whatever has already been paid is not refunded – the money is gone and the case continues.

What a discontinuation is not

It is not an acquittal. Discontinuation under Section 153a StPO presupposes sufficient suspicion, but it establishes no guilt, and no confession is required. The wording of the decision is not that the accused is guilty, but that the public interest has been removed.

It does not appear in the certificate of good conduct. It is nonetheless recorded, in the central register of prosecution proceedings under Sections 492 et seq. StPO, which is accessible to prosecuting authorities. An employer will not see it; a later prosecutor will. Anyone working in a field subject to official reliability checks – firearms law, the security industry, the medical professions – should raise this before consenting.

What matters in the negotiation

The amount is guided by daily units but is not automatic. Income, maintenance obligations and existing liabilities belong in the submission, as does the option of instalments. The recipient can also be proposed; a payment to an organisation connected to the subject matter often carries more weight than one to the treasury.

Timing is the second lever. A discontinuation during the investigation stays out of public view. If it only comes at trial, a hearing has already taken place, possibly with witnesses from the person’s professional circle. Acting early saves more than money here.

What you should do now

Do not agree to a condition before the file has been read. The prosecution’s proposal often arrives with a short deadline, and the instinct to put the matter behind you is understandable – it regularly costs the better outcome. Check whether Section 170(2) StPO is within reach before discussing the size of a payment.

We assess from the file which route is realistic and conduct the negotiation with the prosecution. You can reach us on +49 228 504 463 36.

Whether a discontinuation is available, and on what terms, depends on the allegation, the state of the evidence and the practice of the prosecution office handling the case.

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.