Definition and Legal Basis of the Crime Report
Die Crime report is a central concept in German law that refers to the formal communication of the suspicion of a criminal offense to the competent law enforcement authority, usually the public prosecutor’s office or the police. It often marks the starting point for criminal investigations and is therefore of significant importance for criminal proceedings. The following sections will explain in detail the definition, function, types, legal requirements as well as the effects and obligations associated with a crime report.
Definition of the Crime Report
A crime report means the notification or accusation of a situation that establishes the suspicion of a criminal offense prosecutable under the Criminal Code or another criminal law. A crime report may be filed by private individuals, authorities, public law corporations, or other institutions and serves to inform the competent authorities of an initial suspicion of a criminal offense.
In contrast to the criminal complaint the crime report is a broader term, also encompassing official or administrative notifications. The crime report is not bound to a specific form and may also be made without an explicit intention to prosecute.
Legal Classification and Delineation
Crime Report versus Criminal Complaint
The difference between crime report and criminal complaint lies primarily in the purpose and motivation of the communication. While the criminal complaint is usually filed by private individuals with the objective of criminal prosecution, the crime report in particular covers the official dissemination of information by authorities or other entities. Legally, the crime report is a neutral communication and does not require the reporting party to have a personal interest in prosecution.
Crime Report and Duty to Prosecute
Certain authorities are legally obliged to file a crime report with the competent public prosecutor’s office as soon as there is an initial suspicion. This obligation derives from the principle of legality (§ 152 (2) of the Code of Criminal Procedure, StPO), which applies to law enforcement offices. Additionally, within administrative activities, offices may be required to submit a crime report if there is suspicion of criminal behavior.
Types and Methods of Crime Reports
Written and Oral Crime Reports
A crime report may be made in writing, orally, or by electronic means (e.g., by email or via police online portals). The effectiveness does not depend on the form—the decisive factor is that the information reaches the competent authority.
Anonymous Crime Reports
Anonymous communications regarding the suspicion of a criminal offence are also treated as crime reports. As a rule, law enforcement authorities must pursue any crime report if there is an initial suspicion, regardless of whether the sender is identified.
Obligations and Consequences of Submitting a Crime Report
Obligation to Notify
In addition to law enforcement authorities themselves, other persons or offices may be obligated to submit a crime report depending on the legal field. This applies especially to public officials as defined by § 138 of the Criminal Code (StGB) who become aware of planned or ongoing criminal offenses. Breaching this reporting obligation can result in legal consequences, including criminal liability.
Start of the Investigation Procedure
Upon receipt of a crime report, the competent authority reviews whether there is an initial suspicion pursuant to § 152 (2) StPO. If such suspicion exists, an investigation is to be initiated. The crime report thus regularly triggers the commencement of an investigation procedure.
Content and Requirements for a Crime Report
Ideally, a crime report should contain the following information:
- Description of facts relevant under criminal law
- Indication of the time and place of the offense
- Identification of involved or suspected individuals (if known)
- Specification of witnesses or further evidence
- Contact information for follow-up questions (if anonymity is not desired)
There is no legally prescribed particular form, but the crime report should contain sufficient information to allow a proper review of the initial suspicion.
Confidentiality and Data Protection
The processing of a crime report is subject to data protection regulations. The forwarding of personal data and the handling of communicated information are governed by national data protection requirements, in particular the General Data Protection Regulation (GDPR) and specific provisions of the Code of Criminal Procedure. The identity of the informant is treated confidentially upon request, unless the progress of the investigation conflicts with this.
Legal Consequences of Incorrect or False Crime Reports
The deliberate filing of a false crime report can have consequences. Anyone who knowingly reports incorrect facts in order to, for example, suspect others of a crime, is guilty of false accusations under § 164 StGB. Grossly negligent or reckless false reports may also give rise to civil claims for damages.
International Significance and Comparison
Other legal systems have comparable instruments for reporting criminally relevant facts, such as the so-called ‘crime report’ in Anglo-American law. However, the specific design and related obligations differ significantly from the regulations in force in Germany.
Summary
The crime report is a key element in German criminal law and plays a decisive role in initiating and conducting investigations. It includes any notification of an initial suspicion of a criminal offense to the competent law enforcement authorities, regardless of form and motive. In addition to the legal requirements, data protection, obligations during submission, and the potential criminal and civil consequences of incorrect information must also be observed. Precise knowledge of the meaning and function of the crime report is of considerable practical value for authorities, companies, and private individuals from a legal perspective.
Frequently Asked Questions
How is a crime report properly served in legal terms?
The service of a crime report in German law is governed by the provisions of the Code of Criminal Procedure (StPO) in conjunction with the relevant service provisions of the Code of Civil Procedure (ZPO), unless special regulations apply. In principle, the crime report must be served to the recipient in such a way that it is provable that they actually took notice of it. In practice, service is often effected by official delivery using a postal delivery certificate, by registered mail with acknowledgment of receipt, or by formal handover by a court official. In exceptional cases, so-called substitute service may occur, for example by depositing it in a mailbox or handing it to an adult household member. It is important that all formal requirements are observed because otherwise effective service—and thus the triggering of legal consequences, such as the start of a deadline—will not occur. Precise documentation of the delivery process is also important to be able to prove its effectiveness in court.
What legal deadlines must be observed after receiving a crime report?
Upon receipt of a crime report, various essential time limits are set in the criminal proceedings, such as deadlines for lodging legal remedies like objection, appeal, or contestation. The applicable deadlines are either cited directly in the crime report or arise from the Code of Criminal Procedure. For example, a two-week period applies from delivery for objecting to a penalty order (§ 410 StPO). Failure to respond to a summons for a main hearing or as a witness can trigger immediate enforcement measures. Late or missed responses to a crime report can result in significant disadvantages, such as missing deadlines, finality of a decision, or imposition of fines. It is therefore advisable to note the time of receipt of a crime report immediately upon receiving it and to seek legal advice to be able to exercise permissible remedies or defense options within the applicable period.
What should be done if a crime report was incorrectly served?
If a crime report is served in violation of statutory service provisions, it is formally invalid. Affected individuals may assert the invalidity by expressly referring to the service error in their legal remedy (e.g., in the statement of reasons for an objection or complaint). The invalidity of service may mean that deadlines do not begin to run or that measures do not become effective. Courts regularly check the proper service, especially in cases of objections to deadline misses. If a defective service is not challenged in time or the court considers the error to be insignificant, healing of the service may nevertheless occur, especially if actual receipt can be established (§ 189 ZPO).
What legal consequences can result from ignoring a crime report?
Ignoring a crime report can have serious legal consequences. On the one hand, procedural deadlines are triggered, and failure to observe them may lead to the loss of legal remedies (for example, a penalty order becoming legally binding). On the other hand, failing to respond to summonses to the main hearing or as a witness can result in enforcement measures such as police summonses, compulsory appearance, or even the imposition of fines or custody. Failure to comply with payment requests may also lead to enforcement actions such as garnishment, account blocking, or coercive detention. In the worst case, proceedings may proceed without the participation of the person concerned, significantly restricting their defense opportunities.
What types of crime reports are recognized under the law?
Crime reports can take various legal forms. These especially include penalty orders, indictments, summonses for interviews or main hearings, notifications of discontinuance, rejections of legal remedies, requests for payment of fines, but also judicial orders for detention or search orders. Each type of crime report triggers its own legal consequences and deadlines, making the classification of the document crucial for further action. In principle, any official communication within criminal proceedings that has significant legal consequences for the recipient is to be considered a crime report.
Who may serve a crime report in criminal proceedings?
In Germany, courts and public prosecutors are primarily authorized to serve crime reports when issuing formal communications in investigation or main proceedings. In addition, bailiffs, police, or judicial officers may be entrusted with service, especially for official documents of special importance (e.g., summonses, arrest warrants, orders). In some cases, private delivery services act on behalf of authorities—but only if the legal requirements for service are fulfilled.
Can the effectiveness of a crime report be challenged retrospectively?
The effectiveness of a crime report may in principle be challenged if there are serious flaws in its service or content. Possible grounds include the absence of a proper signature, service to an incorrect address, or failure to provide formal instruction on legal remedies. Such a challenge is made within the relevant procedural law, in particular by objections or legal remedies during the further proceedings, for example by applying for restoration of the deadline or by appealing a decision. Prospects of success exist only where it is specifically evident that the error affected receipt or the safeguarding of defense rights.
