As you can quickly find out or already know, anyone can go to the police themselves or file a complaint online. But is that the best way? No, it is not. Why? Laypersons make many mistakes. It starts with the wording and, in particular, most people without a legal background do not know exactly what will happen when a criminal complaint is filed and whether the complaint should be filed with a public prosecutor or the police.
 
Advantages of a professional complaint
Prospects of success: significantly higher chances of success in court, especially that proceedings will not be discontinued
Professionally correct: avoids mistakes in wording that are often made by non-professionals
More efficient: steers proceedings in the right direction from the outset, saves time and causes less effort
 
Costs are variable and depend on the individual case. Give us a call or send us a message using our form. You will then receive an initial estimate of the costs after you have described to us exactly what the issue is and what has happened. You can also make an appointment for a personal consultation. We are a highly specialized law firm for criminal law in Berlin that works successfully in this area of law on a daily basis.

Why shouldn't you write a report yourself?
We can report from experience that many people and companies proceed unprofessionally when filing charges. This also includes companies that have a legal department. The reasons for this are numerous, but are ultimately due to the fact that outsiders and even lawyers who have no background knowledge of criminal law are not familiar with the internal procedures of investigating authorities. However, expert support in filing a complaint helps from the very first second to increase the chances of success.

Where and how do I best file a complaint? 
The first question that always arises and that many people do not know is always the following: should the report be made to the police or to the public prosecutor's office? Both have advantages and disadvantages and we can tell you exactly what these are, depending on the case.

The most important differences include the time difference between outgoing mail and incoming mail between the police and the public prosecutor's office or vice versa. Experience has shown that this is usually 10-14 days. The processing time must also be taken into account. Further delays can occur if, for example, the case handler on one of the two sides falls ill or changes.

For this reason, the person filing the report, whether a company or a private individual, should consider the objectives of the report in advance and define them clearly. For example, do you also want to take civil action against the person reported? If so, then it makes sense if you can prove that the accused person is already involved in criminal proceedings. To do this, you do not need the file number of the police, but the reference number of the public prosecutor's office. Important factors such as compliance with deadlines must also always be observed.

Furthermore, it is a great advantage for the applicant, especially for companies, if the public prosecutor's office can see that a "Js business reference number", which is the official reference number of the public prosecutor's office for investigation proceedings, already exists and can be proven. In such cases, it is advantageous to send the complaint directly to the public prosecutor's office.

 
What does the public prosecutor need?
A preliminary investigation is initiated if there is a clear initial suspicion. A criminal complaint is always submitted to the public prosecutor's office and a reference number is assigned. The police assign file numbers. What is the difference? The police are obliged to take up every complaint first. However, not every complaint is successful. Many charges and proceedings are dropped. Therefore, a professional report increases your chances of success and is strongly recommended, especially in the case of serious offenses and when there is a lot at stake.

 
When should you report a crime to the police?
However, it is advisable to file a complaint with the police when action needs to be taken as quickly as possible. There can be many reasons for this. A good example is the risk of concealment, i.e. when the accused tries to destroy evidence or influence other witnesses.

 
Investigating authorities are obliged to prosecute
As soon as a complaint is received, the authorities are obliged to initiate an investigation, especially if there is an initial suspicion.

The only exceptions to this are the so-called "pure application offenses", such as trespassing or insult. These cannot be prosecuted by the investigating authorities without a criminal complaint.

A criminal complaint cannot be withdrawn, even if many people mistakenly think so. As soon as a criminal complaint is received, all legal processes are activated to examine the allegation of the criminal complaint. 

For the reasons mentioned above, we recommend that a criminal complaint is only drawn up and submitted by a law firm specializing in criminal law. This will help you avoid unnecessary mistakes and increase the likelihood of success in court. Contact us now to find out more about your case.