In brief

Some offences are only prosecuted if the injured person expressly asks for it. If that application is missing or comes too late, the case is in many instances over. This check belongs at the start of every defence.

The Criminal Code distinguishes two groups. Some offences are prosecuted only on application, for example trespass (Section 123 StGB), insult (Section 194 StGB) and theft within the family (Section 247 StGB). Others can also be prosecuted without an application if the prosecutor affirms a special public interest, as with simple and negligent bodily injury (Section 230 StGB), criminal damage (Section 303c StGB) and theft of low-value items (Section 248a StGB).

The period is three months and begins when the person entitled knows of the act and the identity of the offender (Section 77b StGB). The application must be made in writing or on the record with the police, prosecutor or court (Section 158(2) StPO).

A report is not an application

A criminal complaint tells the authorities what happened. The application is the express declaration that prosecution is wanted. The police usually ask about it when taking the report, and there is a box for it on the form. If it is not ticked, the file deserves a close look.

The application can be withdrawn until the case is finally concluded (Section 77d StGB), and cannot be made again afterwards. Whoever withdraws it must, however, expect to bear the costs of the proceedings (Section 470 StPO). In practice withdrawal is therefore often combined with an agreement on costs.

Private prosecution and arbitration

For many such offences the prosecutor refers the injured person to private prosecution where there is no public interest (Section 376 StPO). Before a private prosecution for insult, trespass or bodily injury, an attempt at conciliation before an arbitrator is mandatory in North Rhine-Westphalia (Section 380 StPO). For the accused, such a referral usually means the de facto end of state proceedings. We are then happy to resolve a dispute within a building or family out of court, for example through victim-offender mediation.

General explanation, not advice on an individual case. As of November 2026.