Withdrawing a Request for Prosecution: Costs, Effects

You filed a request for prosecution (Strafantrag) and are now thinking about withdrawing it? Maybe the person has apologised. Maybe the proceedings are wearing you down. Maybe someone is pressuring you. Withdrawing a request for prosecution is possible, but the decision is final and can cost money. This article explains in general terms what a withdrawal does under German law, which costs you may face and what to clarify first. Whether withdrawing makes sense in your case can only be assessed by a law firm.

Can you withdraw a request for prosecution?

Yes. This is governed by § 77d of the Criminal Code (Strafgesetzbuch, StGB). You can withdraw until the criminal proceedings have been finally concluded. So you can still do it after charges have been brought, or after a judgment that is not yet final. The law does not require you to give a reason.

A quick reminder: with a Strafantrag, you declare as the injured person that you want the offence prosecuted. For offences prosecuted only on request (Antragsdelikte), such as insult or defamation, it is a precondition for any investigation and punishment. A criminal complaint (Strafanzeige), by contrast, only informs the authorities that a crime may have been committed. The difference and the three-month deadline are explained in Strafantrag Explained: The 3-Month Deadline in Germany.

What happens when you withdraw the request?

That depends on the offence:

• Absolute Antragsdelikte, for example insult (§ 185 StGB): without a request, the offence is not prosecuted. If you withdraw it, the proceedings are dropped on this point.
• Relative Antragsdelikte, for example images violating the most private sphere of life (§ 201a StGB): the public prosecutor can continue without a request if they affirm a special public interest in prosecution. Your withdrawal then does not necessarily end the proceedings.
• Offences prosecuted ex officio (Offizialdelikte), for example stalking (§ 238 StGB) or incitement to hatred (§ 130 StGB): the authorities pursue them on their own initiative. Your request was never needed, and withdrawing it does not stop the case.

You cannot “take back” a criminal complaint. Once the police and the public prosecutor know about a possible Offizialdelikt, they must investigate. If your complaint covered several offences, the case can end for one and continue for another. Which offences can apply to online hate is shown in Online Hate: What Is a Criminal Offence?.

Can I file the request again later?

No. § 77d(1) StGB is clear: a withdrawn request cannot be filed again. This applies even if you change your mind, new evidence turns up, or the person simply carries on after apologising. For that offence, the Strafantrag route is closed.

If the person posts something new later, that is generally a new offence. You can file a new request for it, within the three-month deadline (§ 77b StGB). Civil-law claims, for example for an injunction, do not depend on the Strafantrag anyway. But check what you sign in any settlement. It may contain a waiver.

What costs can a withdrawal bring?

This is the point many people underestimate. Under § 470 of the Code of Criminal Procedure (Strafprozessordnung, StPO): if the proceedings are dropped because you withdrew the request, you generally bear

• the costs of the proceedings, and
• the necessary expenses of the accused, for example their defence costs, and of any other parties involved.

There are two exceptions:

• The accused takes on the costs, to the extent that they agree to do so.
• The state treasury bears them, to the extent that it would be unfair to burden the parties with them.

How much is involved depends on how far the proceedings have got and whether the other side has hired a defence lawyer. So ask what you need to expect before you withdraw. If the withdrawal is part of a settlement, for example in return for an apology and deletion of the posts, the settlement should deal with costs explicitly. A law firm can word this properly. What a lawyer costs and which support exists is explained in Lawyer Costs for Online Hate in Germany: Who Pays?.

Why do people want to withdraw their request?

The reasons vary. For some, there are better options than withdrawing:

• The person has apologised. That can be a good ending. Put any agreement in writing and settle the costs before you declare anything.
• The proceedings are a burden. You do not have to go through this alone. You may have a lawyer support you at any time, and you may bring a person you trust to an interview unless this would endanger the investigation (§ 406f StPO). Tips on coping are in Mental Health After Online Hate.
• You are afraid of the person. Tell the police. Withdrawing does not automatically protect you from further attacks.
• Someone is pressuring you. Anyone who pushes you to withdraw with threats or other means may be committing an offence themselves, such as coercion (Nötigung, § 240 StGB). Document the pressure and report it. In acute danger, call 110.

How do you withdraw a request for prosecution?

1. Get advice first. Talk to a law firm or an advice service such as HateAid beforehand. The decision cannot be undone.
2. Find the case number (Aktenzeichen). It is on the confirmation of receipt or on letters from the public prosecutor.
3. Declare the withdrawal clearly. Contact the office currently handling the case, usually the public prosecutor's office, or the court once charges have been brought. In writing is safest, with your name, the case number, the date and a sentence stating that you withdraw the request for prosecution.
4. Keep a copy. Keep your letter and any reply.

If you are under 18, your parents or other guardians usually filed the request for you (§ 77(3) StGB). Discuss a withdrawal together and get advice first. If you want to talk to someone else first: Nummer gegen Kummer is on 116 111 (Monday to Saturday, 2 pm to 8 pm, in German), and the Telefonseelsorge crisis line is available around the clock on 0800 111 0 111.

Frequently asked questions

Until when can I withdraw a request for prosecution?

Until the criminal proceedings have been finally concluded (§ 77d(1) StGB). After that, withdrawal is no longer possible.

Does withdrawing always cost money?

Not always. Under § 470 StPO, you generally bear the costs if the proceedings are dropped because of the withdrawal. But the accused can take them on, and the state treasury steps in if burdening the parties would be unfair. Ask beforehand.

Can I file a new request after withdrawing?

Not for the same offence. For a new offence, such as a new post, a new request is possible.

Do the proceedings always end when I withdraw?

No. For offences prosecuted ex officio, such as stalking, they continue. For relative Antragsdelikte, the public prosecutor can continue if they affirm a special public interest.

Unsure whether to withdraw?

If you want to know what a withdrawal would mean in your case, 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. The legal assessment comes from the law firm, not from us. If there is no suitable firm right now, you get an email with other places to turn to straight away. Deadlines keep running: you can always file a request for prosecution (Strafantrag) with the police yourself.