Guide · Criminal defence

I have been reported to the police: what now?

First steps after a criminal complaint has been filed against you.

1What is it about?

Anyone may file a criminal complaint (§ 158 StPO). Where there is an initial suspicion, the police and the public prosecutor's office are obliged to investigate. A complaint does not mean that you are guilty. Complaints often arise from disputes, misunderstandings or conflicts within relationships.

What matters is how you handle the situation. Many accused persons learn of the complaint only through a summons or a hearing questionnaire (Anhörungsbogen). Before you respond, you should know what you are accused of and be aware of your rights.

2Typical case scenarios

Complaint by a neighbour, business partner or employer.
Complaint after the end of a relationship or in the course of a dispute.
Complaint by public authorities, such as the tax office or social security authority.
Complaint over something online, for insult or other statements.
Complaint over an incident in road traffic.

3Frequently asked questions

Do I have to respond to the complaint?

No. There is no obligation to make a statement. First clarify with your defence lawyer what allegations have been made.

Can I approach the person who reported me?

You should avoid this. Making contact may be regarded as exerting influence or may itself trigger investigations.

Can I defend myself with a counter-complaint?

In individual cases this is possible, but it should be weighed up carefully. Anyone who files a complaint knowing it to be false may be liable to prosecution for false accusation (§ 164 StGB).

What if the complaint was unfounded?

The proceedings will then generally be discontinued (§ 170 para. 2 StPO). Early and competent defence can bring this about more quickly.

4How the proceedings unfold

ComplaintReceived by the police or public prosecutor's office.
Initial suspicionExamination, opening of investigation proceedings.
Hearing or summonsOpportunity to comment, often in writing.
ConclusionDiscontinuation, penal order (Strafbefehl) or indictment.

5What requires particular attention

Do not react emotionally or on your own initiative.
Secure messages, receipts and witnesses that could help you.
Do not write any statements without access to the case file.
Observe the deadlines for filing a complaint in offences prosecuted only on application (§ 77b StGB).

6How we defend you

We apply for access to the case file and clarify the allegation. We then discuss with you which evidence speaks for and against you and how we respond. A concise, factual letter from the defence is often better than a statement.

We seek contact with the public prosecutor's office, propose discontinuation and protect your rights at every stage of the proceedings. Where a complaint is unjustified, we consider further steps with you.

Legal bases (official statutory text):

This page provides general information on German criminal law (as of September 2026) and is not a substitute for legal advice in an individual case. The law and case law may change. Different rules apply to proceedings in Switzerland.