When people think of criminal proceedings, they usually have a clear picture in mind: indictment, main hearing, judgment — acquittal or conviction. The reality, however, often looks different. Many criminal proceedings do not end with a judgment but with a discontinuation of proceedings — and for quite different reasons.

What does discontinuation of proceedings mean?

Discontinuation of proceedings means that initiated criminal proceedings are concluded without a court judgment. It can occur at different stages — already during the investigation by the public prosecutor's office or later by the court. The decision depends on the individual case and is based, among other things, on the evidence, the public interest in prosecution and the seriousness of the offence.

Common grounds for a discontinuation

  • Discontinuation due to insignificance (§ 153 StPO): The accused's guilt would be regarded as minor and there is no public interest in prosecution.
  • Discontinuation subject to conditions and instructions (§ 153a StPO): The accused's guilt would be regarded as minor and the public interest can be eliminated through specific conditions (e.g. monetary payment, restitution).
  • Discontinuation due to insufficient suspicion (§ 170 (2) StPO): The evidence is insufficient — a later conviction appears less likely than an acquittal.
  • Discontinuation due to procedural impediments (§ 206a StPO): For example, in case of limitation, or where necessary preconditions are missing (e.g. no criminal complaint in case of complaint-only offences).

Guilty or not? What is (not) decided in a discontinuation

A key difference between the types of discontinuation lies in the question of whether and to what extent the accused's guilt is legally clarified.

In discontinuations under § 153 StPO or § 153a StPO, the question of guilt remains open. This means: it is not conclusively established whether the accused is actually guilty. The only assessment made is whether guilt would be regarded as minor. It is thus a discretionary decision — without a formal finding of guilt, but also without an acquittal.

The difference between the two provisions: under § 153 StPO a discontinuation occurs without further conditions, while under § 153a StPO specific conditions are imposed in order to balance the public interest.

The position is different in the case of a discontinuation under § 170 (2) StPO. Here the proceedings are terminated because the evidence is insufficient. The public prosecutor's office concludes that a conviction is unlikely, or that an acquittal would be more likely. In practice this is often referred to as an "acquittal at the investigative stage" — even though legally no innocence is established.

Advantages of discontinuation

In particular for the accused, a discontinuation brings significant advantages:

  • No entry in the Federal Central Criminal Register: In most cases the certificate of good conduct remains unburdened — an important aspect for professional or private future planning.
  • Avoidance of public court proceedings: The burden of a main hearing is dispensed with.
  • Flexible solutions: In particular § 153a StPO permits individual outcomes through conditions that can also meet the victim's interests — e.g. through restitution.

In addition, the relief of the judiciary is of particular importance, through speedier proceedings that enable, especially in petty or mass offences, a swift conclusion.

Disadvantages and criticism

Despite the advantages, there is also criticism:

  • Lack of clarity on the question of guilt: Particularly in discontinuations under § 153 StPO or § 153a StPO, it remains open whether someone was actually guilty. This can be unsatisfactory for both accused and victims.
  • No ne bis in idem effect: The proceedings may, under certain circumstances, be reopened, e.g. if conditions are not fulfilled.
  • Unequal application: In practice there may be regional differences or dependence on whether a defence counsel has been instructed. This raises doubts about equal treatment.
  • Disappointed victims: For victims, a discontinuation often means: no clear answer, no sense of justice, no judgment.

Conclusion: Between Pragmatism and a Sense of Justice

Discontinuations of proceedings show that criminal law is more than just black or white. Between conviction and acquittal there is a multitude of flexible solutions — pragmatic for the judiciary, often helpful for the accused, not always satisfactory for victims. The decisive point is: not every discontinuation means an "acquittal through the back door." They are an instrument of procedural management that must be applied with deliberation.

For all matters of criminal law, attorney Ms Kumru Dursun will be pleased to represent you.