Term and Meaning of the Conclusion of Investigations
The Term Conclusion of Investigations refers in criminal proceedings to the procedural point at which the investigative authorities (usually the police and public prosecutor) declare the investigation of the facts to be complete within the framework of criminal proceedings, thereby moving on to the next stage of the proceedings. At this point, pursuant to the provisions of criminal procedure law, the necessary measures for clarifying the facts are considered complete, so that a decision on how to proceed can be made based on the collected findings. The conclusion of investigations is a central procedural stage within the Code of Criminal Procedure (StPO).
Legal Foundations of the Conclusion of Investigations
Jurisdiction and Procedure
The course of investigations and their conclusion are mainly governed by §§ 158 ff. of the Code of Criminal Procedure (StPO). According to § 160(1) StPO, the public prosecutor’s office is obliged to clarify the facts ex officio (principle of legality) and to investigate all incriminating and exculpatory circumstances.
After the measures necessary to investigate the facts and identify the perpetrator have been completed, the public prosecutor must decide how to proceed with the case (cf. § 170 StPO). Upon conclusion of the investigations, both the authorities’ interest in findings and the procedural rights of the parties enter a new phase.
Notification Obligations and Defense Rights
Pursuant to § 163a(4) StPO and § 170(2) StPO, the conclusion of investigations is particularly relevant to the defense rights of the accused. After the investigations are concluded, but before the public prosecutor’s decision is finalized, the accused and his defense must be granted access to the case files. This serves to ensure the right to be heard (§ 33 StPO).
The right to inspect the files guarantees the accused the opportunity to inform himself fully about the status of the investigation and the charges brought against him and to respond before a decision is made on whether to bring public charges or to discontinue the proceedings.
Decisions Following the Conclusion of Investigations
Upon conclusion of investigations, the public prosecutor’s office has the following procedural options:
Bringing Charges (§ 170(1) StPO)
If the investigation yields sufficient suspicion, the public prosecutor may, pursuant to § 170(1) StPO, file charges. The indictment then formally declares the conclusion of the investigations and initiates the main trial.
Discontinuation of Proceedings (§ 170(2) StPO)
If the investigations do not result in sufficient suspicion, the proceedings must be discontinued in accordance with § 170(2) StPO. Discontinuation can occur due to lack of initial suspicion or for factual reasons (e.g., insufficient evidence) or legal reasons (e.g., statute of limitations).
Other Forms of Decision
Other options to decide on further proceedings also exist. These include discontinuation due to insignificance (§§ 153 ff. StPO), diversion decisions for juveniles, or decisions under § 154 StPO (waiving prosecution due to other offenses).
Effect and Importance of the Conclusion of Investigations
Effects of the Conclusion for the Proceedings
The conclusion of investigations marks a turning point in the course of the proceedings. With this decision, the prosecutorial investigation phase ends and the proceedings move into the intermediate stage or, in case of discontinuation, come to an end.
Legal Remedies
Against decisions made after the conclusion of investigations—particularly discontinuations—the complainant/victim is, under certain conditions, entitled to file a complaint or pursue what is known as a compulsory prosecution (§ 172 StPO).
Consequences for the Parties Involved
For the accused, the conclusion of the investigations means he is granted comprehensive access to the case files (§ 147 StPO). For the victim, this may mean being informed and, if applicable, being able to assert their own rights, for example as a joint plaintiff.
Conclusion of Investigations in an International Context
In international criminal law, for example in extradition proceedings or before international criminal courts, the conclusion of investigations also plays a central role. Each legal system regulates the conclusion and notification rights differently and attaches varying formal and substantive consequences to this procedural stage.
Summary
Der Conclusion of Investigations represents a significant and clearly defined stage in German criminal proceedings, to which both prosecutorial decisions and important procedural rights of those involved are linked. This point in time is detailed in law and is crucial for the further course of criminal proceedings. Detailed knowledge of it is therefore of considerable importance for all parties to the proceedings.
Frequently Asked Questions
What legal steps follow the conclusion of investigations?
After the conclusion of investigations, the public prosecutor examines whether to file charges, discontinue the proceedings, or apply for a penal order. The basis for this decision is § 170(1) and (2) StPO (Code of Criminal Procedure). If the prosecutor concludes that there are sufficient grounds for public charges, they file charges with the competent court. If not enough suspicion exists, the proceedings are discontinued and the parties notified accordingly. Certain discontinuations (e.g., under §§ 153, 153a StPO) may be subject to conditions or instructions. In suitable cases involving less serious offenses, the prosecutor may apply for a penal order at the district court, so that a judicial decision can be made without a main hearing. The prosecutor’s decision must be provided in writing and served on the parties.
Who is entitled to inspect the investigation file after the conclusion of investigations?
After the conclusion of investigations, the parties to the proceedings, especially the accused and his defense counsel, have, pursuant to § 147 StPO, a right to inspect the files. File inspection serves to prepare the defense and safeguard rights in the further proceedings. In certain exceptional cases, access to the files may be restricted by the public prosecutor or the court, particularly if the legitimate interests of third parties, protection of witnesses, or confidential police sources are at stake. The victim, pursuant to §§ 406e, 406g StPO, also has a right to file inspection under certain conditions, especially when participating as a joint plaintiff, private prosecutor, or his lawyer in the proceedings.
What legal remedies are available to the accused against the decision following the conclusion of investigations?
The accused cannot lodge his own legal remedies against the bringing of charges, but he can request a judicial review of the indictment by filing a motion to refuse the opening of the main trial (§ 204 StPO). In the case of discontinuance, generally only the victim or the complainant may, in certain constellations—especially pursuant to § 172 StPO by means of a compulsory prosecution complaint—have the decision of the prosecutor reviewed by a higher regional court. In the case of a penal order, the accused has the right to lodge an objection under § 410 StPO, thus forcing a regular main hearing before the district court.
What is the significance of the conclusion of investigations for the victim of a crime?
For the victim, the conclusion of investigations is an important milestone: he or she is informed about essential steps, such as the filing of charges, discontinuance of proceedings, or the application for a penal order. Depending on the nature of the discontinuation, the victim may have various legal options, such as a complaint under §§ 172, 406a StPO in the event of discontinuance. Additionally, from this point onwards, the victim—especially as joint plaintiff—may actively participate in the proceedings, file applications, and request access to the files. The victim’s right to information is expressly protected by the Code of Criminal Procedure.
How is the decision on the conclusion of investigations documented and communicated?
The decision of the public prosecutor regarding the conclusion of investigations is always documented in writing. When charges are brought, a written indictment is served on the accused and his defense counsel. A discontinuance order is also provided in writing and sent to the parties to the proceedings. In the case of a penal order, the order and justification are issued by the court on the prosecutor’s application and formally served on the accused. The affected parties are generally informed of the decisions taken and their reasons, so they can exercise their respective rights in the further proceedings.
Can proceedings be resumed after the conclusion of investigations?
Even after the formal conclusion of investigations, the proceedings may be resumed under certain conditions: If the proceedings are discontinued but new facts or evidence subsequently emerge that might lead to the filing of public charges, the prosecutor may, pursuant to § 170(2) sentence 2 StPO, reopen the proceedings. Likewise, § 153a(1) sentence 5 StPO allows the proceedings to be resumed if conditions or instructions are not fulfilled. After the proceedings have become final, especially after a conviction or a final discontinuation, reopening the case is possible only in the strictly limited circumstances set out in §§ 359 ff. StPO.
What deadlines must be observed after the conclusion of investigations?
Various deadlines begin to run upon conclusion of investigations: For example, after receiving the penal order, an objection must be filed within two weeks (§ 410 StPO). In the event of a discontinuance, the complainant may file a complaint or, if admissible, a compulsory prosecution application within two weeks (§§ 172, 306 StPO). The deadline for filing a motion to refuse the opening of the main proceedings (§ 201 StPO) is one week after service of the indictment. These deadlines serve to protect the procedural rights of the parties and legal certainty.
