Definition of terms and general information on the suspension of criminal proceedings
Die Suspension of criminal proceedings is a term from German criminal procedural law and describes the official decision to initially refrain from pursuing an already initiated criminal proceeding or to let the prosecution process rest. Unlike the discontinuation of a criminal proceeding, the process does not formally end, but instead remains in a kind of state of suspension for the time being. The suspension is considered an internal administrative measure and can be applied at various procedural stages.
As a rule, suspension occurs when further prosecution appears futile for factual or legal reasons for the time being, but the procedure should not be finally terminated. Especially in distinction to the discontinuation of proceedings and the bar to prosecution, it constitutes an independent procedural category.
Legal basis
Statutory anchoring
Unlike other measures in criminal procedural law, the suspension of criminal proceedings is not explicitly regulated by law (e.g., in the Code of Criminal Procedure, StPO). Its existence derives rather from administrative practice and official service instructions, such as the Guidelines for Criminal and Administrative Fine Proceedings (RiStBV), which contain provisions for handling by prosecuting authorities.
Distinction from discontinuation and bar to prosecution
The decision to suspend a criminal proceeding is different from the following concepts: Discontinuation of proceedings under §§ 170, 153 ff. StPO: Leads to a formal conclusion of proceedings that restores legal peace. Bar to prosecution: Further prosecution is definitively precluded (ne bis in idem). Suspension: Merely no further processing is carried out in fact. The case remains capable of resumption and can be continued at any time once the impediments are removed.
Requirements and grounds for suspension
Practical cases of application
Suspension takes place particularly when: A perpetrator is unknown and all investigative options have been exhausted, but further clues could be expected through new information. Extradition abroad is not pursued as long as the accused is unavailable. The whereabouts of the accused are unknown for an extended period and no reasonable investigative leads remain. Prosecution is deferred primarily for political or diplomatic reasons (e.g., in cases of interstate complications).
Resumption after suspension
Suspension does not mean definitive abandonment of the right to prosecute. If new, credible information arises, the factual or legal situation changes, or the reason for impediment ceases to exist, the proceedings may be continued at any time, without the formal requirements of a resumption of the proceedings.
Effects of suspension
Legal effects
The suspension of criminal proceedings does not produce any formal legal effects considered as the final conclusion of the case: For the accused: All possibilities for resuming the investigations as provided by the Code of Criminal Procedure remain available. For the proceedings: The proceedings remain ‘open’ within the authority, but are not actively pursued.
Limitation
Suspension generally does not prevent limitation, as long as no further investigative or prosecutorial measures are taken. The limitation periods continue to run during the suspension. Any recommencement of prosecution presupposes that the offense has not become time-barred.
Procedural particularities
Internal administrative order
Suspension is carried out through what is known as an internal administrative order. This is recorded in the file and does not need to be communicated to the accused or other involved parties.
No legal entitlement to suspension
Persons concerned have no legal entitlement to the suspension of criminal proceedings against them. The decision lies at the discretion of the public prosecutor’s office or investigating authority. The measure serves exclusively for practical administrative handling.
Rights to notification and file inspection
As there is no formal conclusion of the proceedings, suspension does not create specific rights of notification for defense counsel or suspects. File inspection remains possible under the general provisions of the Code of Criminal Procedure, provided a legitimate interest has been established.
Distinction from other official measures
Suspension of proceedings
The suspension of proceedings is sometimes confused with the suspension. While the latter usually refers to a temporary stay (e.g., in civil proceedings or in cases of serious health concerns of the accused), suspension denotes a state of permanent inactivity without a formal decision.
Practical significance and statistics
The actual number of suspended criminal proceedings is not collected uniformly across Germany, as it is an administrative measure. In practice, it is mainly used in cases involving unknown perpetrators, lack of extradition possibilities, or in the case of temporarily irresolvable legal impediments.
Literature and further references
Guidelines for Criminal and Administrative Fine Proceedings (RiStBV) Löwe-Rosenberg, StPO Large Commentary Karlsruhe Commentary on the Code of Criminal Procedure (StPO)
Summary: The suspension of criminal proceedings refers to an administrative decision by authorities to temporarily halt an investigation or criminal process without formally discontinuing or completing it with final effect. It is relevant wherever the proceedings cannot be promisingly pursued under current circumstances, but a formal discontinuation does not seem appropriate or possible. Suspension creates no legal commitments and can be lifted at any time. Limitation periods remain unaffected by this, so any later resumption of proceedings remains subject to time limits.
Frequently asked questions
Under what circumstances does suspension of criminal proceedings come into consideration?
The suspension of criminal proceedings may, as a rule, only take place under strict conditions and in cases conclusively regulated by law. It is usually carried out by the public prosecutor’s office, more rarely by the court. The main conditions generally include the existence of a public interest in prosecution, that the measure is suitable for achieving the purpose of the proceedings, and the absence of particular interest in prosecution, for example in cases of minor guilt or a lack of prospects for successful further pursuit. Beyond that, suspension may also be indicated if prosecution cannot be continued for factual reasons (e.g., death of the accused or unknown whereabouts). Unlike discontinuation, suspension is used especially when a formal conclusion (e.g., by judgment) is no longer possible or appropriate for legal or factual reasons.
Who is responsible for the suspension of a criminal proceeding?
Responsibility for the suspension of criminal proceedings usually lies with the public prosecutor’s office. According to prosecution guidelines, the public prosecutor can suspend proceedings under statutory conditions if public interest in prosecution is lacking or other reasons for suspension exist. In certain special cases, such as ongoing court cases or once charges have been filed, the decision is made by the competent court. In proceedings involving judicial penal orders, the public prosecutor’s office may also propose suspension to the competent district court. The decision is always documented in writing and the parties are informed accordingly.
Are there any legal remedies against the suspension of a criminal proceeding?
There are generally only very limited legal remedies against the suspension of a criminal proceeding. As suspension itself does not constitute a formal procedural closure, but is rather an internal administrative act ending procedural processing, the law provides no direct means of challenge available to those affected or third parties. In exceptional cases, judicial review may be sought within the framework of official supervision or by (rarely successful) complaint to the supervisory authority. If the injured party has a particular interest in prosecution, in some circumstances they may continue the case by a private prosecution or through an application for the initiation of prosecution proceedings (Klageerzwingungsverfahren).
What is the effect of suspension of criminal proceedings on those affected?
Suspension of criminal proceedings means that the case is not pursued further and no further investigative actions are taken. For the accused, this frequently results in a de facto conclusion of prosecution without a formal acquittal or legally binding closure. However, the case remains listed administratively as suspended, which may allow for resumption upon new findings or further allegations. For joint plaintiffs or injured parties, suspension usually means the end of criminal prosecution and may necessitate asserting civil claims separately.
Can a suspended case be resumed?
Yes, resuming a suspended criminal proceeding is generally possible if new facts or evidence become known that justify or require renewed prosecution. The public prosecutor’s office may resume proceedings, subject to statutory limitation periods and the principle of ne bis in idem (no double prosecution). The principle of substantive res judicata, which applies after discontinuation or judgment, does not apply to suspension since it is not a legally binding closure. Therefore, renewed proceedings after suspension are possible at any time, provided no procedural barriers or limitation have occurred.
What differences exist between the discontinuation and the suspension of a criminal proceeding?
Although both terms refer to the termination of criminal proceedings outside of formal conviction, there are significant differences. Discontinuation is based on procedural provisions, particularly §§ 153 ff. StPO, and results in a formal closure of the proceedings, possibly with side effects (e.g., conditions or directives). It is formally communicated to the parties and, depending on the legal basis, may have complete or partial preclusive effect for renewed prosecution. Suspension, on the other hand, is an internal administrative act of the public prosecutor’s office (or the court), primarily applied in cases that cannot be further clarified or which are of minor importance. It concludes the proceedings in fact, without formal closure or explicit advice on legal remedies, but allows for resumption at any time if the situation justifies it.
