Strafantrag Explained: The 3-Month Deadline in Germany

If you are insulted online, people quickly say: “Report it!” But for many offences in Germany, a report is not enough. You also need a request for prosecution (Strafantrag), and there is a deadline of three months for it. Miss it, and you lose the chance of the offence being prosecuted. This article explains in general terms what a Strafantrag is, when you need one, how long you have and what applies if you are under 18.

Criminal complaint or request for prosecution: what is the difference?

The two German terms sound alike but mean different things:

• Criminal complaint (Strafanzeige): you tell the police or the public prosecutor that a crime may have been committed. Anyone can do this, even if they are not affected themselves. There is no deadline.
• Request for prosecution (Strafantrag): as the injured person, you declare that you want the offence prosecuted. In principle, only the injured person can file it (§ 77(1) of the Criminal Code, Strafgesetzbuch, StGB). For certain offences, it is a precondition for any investigation and punishment.

You can do both in one step: you file a criminal complaint and explicitly include a request for prosecution in it.

Offences prosecuted on request or ex officio?

Offences prosecuted ex officio (Offizialdelikte) are pursued by the police and public prosecutor on their own initiative as soon as they learn of them. Examples are stalking (§ 238 StGB) and incitement to hatred (§ 130 StGB). A criminal complaint is enough here.

Offences prosecuted on request (Antragsdelikte) are only pursued if a request is filed. In the context of online hate, there are two groups:

• Absolute Antragsdelikte: no request, no prosecution. These generally include insult, defamation and malicious defamation (§ 194 StGB) and distributing images without consent under § 33 of the Art Copyright Act (Kunsturhebergesetz).
• Relative Antragsdelikte: a request is normally required, but the public prosecutor can investigate without one if there is a special public interest. Examples are simple bodily harm (§ 230 StGB), images violating the most private sphere of life (§ 201a StGB) and data espionage (§ 202a StGB, both via § 205 StGB). The same applies to insulting people in political life (§ 188 StGB) and inciting insult (§ 192a StGB), unless you object.

Threats are a special case: they are prosecuted ex officio, but under § 241(5) StGB the request rules for the threatened act apply. More in Online Threats: When a Threat Is a Criminal Offence. Which offences can apply to online hate at all is shown in Online Hate: What Is a Criminal Offence?.

Because, as an affected person, you often do not know which offence will be examined in the end, the simple rule is: always file a request for prosecution as a precaution.

How long is the deadline for a Strafantrag?

The deadline is set out in § 77b StGB. The key points:

• Three months. If the request is not filed within this period, the offence is not prosecuted.
• Start: the period begins at the end of the day on which you learn of the act and of the identity of the offender.
• Weekends and public holidays: if the deadline ends on a Saturday, Sunday or public holiday, it ends at the end of the next working day.
• Several people involved: if several people took part in the act, the deadline runs separately for each of them.

With anonymous accounts, the deadline therefore often starts later, namely when you find out who is behind it. Do not rely on that. Whether and when you “know” the person can be disputed. File the request early, if necessary against persons unknown. And do not plan around the last day.

How do you file a Strafantrag?

You can file the complaint and the request with the police, the public prosecutor's office or a local court (Amtsgericht) (§ 158(1) of the Code of Criminal Procedure, Strafprozessordnung, StPO). The request used to have to be made in writing. Since July 2024, the rule is that your identity and your will to have the offence prosecuted must be ensured (§ 158(2) StPO).

How to go about it:

1. Choose where: a police station or the online police station (Onlinewache) of your federal state. How the online report works is explained in Reporting to the Police Online.
2. Identify yourself clearly: full name, address, date of birth.
3. Word the request explicitly: “I file a request for prosecution for all offences that may apply.” (In German: „Ich stelle Strafantrag wegen aller in Betracht kommenden Delikte.“)
4. Attach evidence: screenshots, links, date and time.
5. Ask for confirmation: on request, you receive written confirmation that your complaint has been received. Keep it and the case number (Aktenzeichen).

If you do not speak German, you will get help with communication so that you can file the complaint in a language you understand (§ 158(4) StPO).

Strafantrag for minors: what applies under 18?

Until your 18th birthday, you do not have full legal capacity. The request for prosecution is then filed by your legal representatives and the people with parental responsibility for you, usually your parents (§ 77(3) StGB). For the deadline, what counts is their knowledge of the act and the offender (§ 77b(2) StGB).

What this means for you:

• You can still file a criminal complaint yourself.
• Tell your parents or guardians early so they can file the request in time.
• If that conversation is hard for you, get support first: from Nummer gegen Kummer on 116 111 (Monday to Saturday, 2 pm to 8 pm, in German), from your school social worker or online at juuuport.de.

Can you withdraw a Strafantrag?

Yes, until the proceedings have been finally concluded (§ 77d StGB). There are two catches: a withdrawn request cannot be filed again. And if the proceedings are dropped because of the withdrawal, you will generally have to bear the costs of the proceedings and the necessary expenses of the accused (§ 470 StPO). So think carefully before withdrawing. It should not stop you from filing the request in the first place.

What happens after the Strafantrag?

The public prosecutor's office investigates and decides whether to close the case, apply for a penalty order (Strafbefehl) or bring charges. For insult offences and some other offences, it only brings charges if there is a public interest (§ 376 StPO). Otherwise it can refer you to a private prosecution (Privatklage), in which you bring the case yourself (§ 374 StPO). How criminal proceedings and civil law fit together is explained in Criminal Complaint or Lawyer?.

Frequently asked questions

Can I file a Strafantrag by email?

Since July 2024, a signature is no longer strictly required. What matters is that your identity and your will to prosecute are clearly established. The safest routes are a police station or the online police station, with a confirmation of receipt.

What happens if I miss the deadline?

An absolute Antragsdelikt will then no longer be prosecuted. For relative Antragsdelikte, the public prosecutor can still investigate if there is a special public interest. Civil-law claims, for example for an injunction, do not depend on this deadline.

Does a Strafantrag cost anything?

Filing a criminal complaint and a request for prosecution is free. A cost risk arises mainly if you later withdraw the request. You can have a lawyer accompany you, but you do not have to.

When does the deadline start with an anonymous account?

In principle, only once you know who is behind it. But you should not rely on that. File the request early, against persons unknown.

Unsure about the deadline? Report your case

If you do not know whether your case needs a request for prosecution or how much time is left, you can report it through our form. If you say yes, your report goes automatically to a suitable cooperating law firm (Kooperationskanzlei) as soon as one is available. If there is no suitable firm right now, you get an email with other places to turn to straight away. The legal assessment comes from the law firm, not from us. Because the deadline keeps running, it is best to file the request with the police yourself in the meantime.