In brief

This is the best outcome of an investigation: the prosecutor discontinues because a conviction is not likely. No judgment, no payment, no entry. You do not have to prove your innocence for it.

Under Section 170(1) StPO the prosecutor brings charges where the investigation provides sufficient grounds. Otherwise the case is discontinued (Section 170(2) StPO). Sufficient grounds, also called sufficient suspicion, exist where a conviction is more likely than an acquittal. If that is lacking, whether because the act cannot be proven, because it is not a criminal offence, or because of a procedural bar such as limitation or a missing criminal complaint, the case must be discontinued.

Who is told

The accused is notified if they were questioned as an accused, if an arrest warrant was issued against them, or if they asked to be informed (Section 170(2) sentence 2 StPO). Someone never questioned often learns of the discontinuation only through their lawyer. The person who reported the matter receives a decision with reasons (Section 171 StPO). If they are also the injured party, they may complain and apply to the higher regional court to compel prosecution (Section 172 StPO). This happens but rarely succeeds.

Discontinuation has no barring effect. If new evidence emerges, the prosecutor may reopen the investigation as long as the offence is not time-barred.

How we work towards it

After access to the file we show the prosecutor in a written submission where the evidence does not hold: contradictory witness statements, missing objective evidence, an alternative course of events that cannot be ruled out. A statement by the client is often not necessary for this. The cost of one’s own defence is, however, generally not reimbursed when a case is dropped during the investigation. Compensation under the Criminal Prosecution Compensation Act may be available for measures suffered, such as pre-trial detention or provisional withdrawal of the driving licence.

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