Definition and Legal Classification of the Report
A report in the legal context refers to the notification of a matter to a competent authority, in particular to law enforcement or regulatory authorities. The objective is to inform official bodies of an actual or alleged violation of the law and enable them to take action. The term is used in various areas of law and is subject to differing formal and substantive requirements.
Report in Criminal Law
Definition and Significance
In criminal law, a report refers to the information given to the police, public prosecutor’s office, or another competent authority about a potentially criminal act. The person making the report aims to initiate investigations and criminal prosecution of possible offenders.
Types of Reports
1. Criminal ComplaintA criminal complaint is the informal notification of a matter which, in the opinion of the reporting person, constitutes a criminal offense. Any person – including children or individuals without German citizenship – can file a criminal complaint. The report does not require any specific form; it can be submitted in writing, orally, or online.2. Voluntary DisclosureVoluntary disclosure represents a special form of reporting. Here, the person concerned reports their own previously undisclosed misconduct, for example, in the case of tax evasion (§ 371 AO). The aim is to obtain immunity from prosecution under certain conditions.3. Offenses Requiring Application and Criminal ApplicationCriminal complaints must be distinguished from criminal applications. A criminal application is the explicit statement by the victim requesting criminal prosecution of an offense (e.g., for trespass, insult, bodily injury). Unlike a criminal complaint, the criminal application is a procedural requirement for prosecuting certain offenses.
Legal Consequences and Procedure
Recording and Examination of the Report
After receiving a report, police and the public prosecutor’s office are obliged to examine the reported facts for criminal offenses. The authority first checks whether there is an initial suspicion and then, if necessary, opens an investigation (§ 152 StPO, principle of legality). If there is no initial suspicion, the case can be closed.
Duty to Report
In certain situations, there is a statutory duty to report (e.g., § 138 StGB – failure to report planned crimes, or § 323c StGB – failure to render assistance in particular cases). Violations of such a duty may be punishable by law.
Consequences of False Reporting
False accusations or deliberately untrue reports can be punishable pursuant to § 164 StGB (false accusation) or § 145d StGB (pretending that a crime has been committed). The legislator thus protects against unjustified prosecution in particular.
Legal Status of the Reporting Person
The reporting person does not have any special involvement in the proceedings. Apart from possible rights as a joint plaintiff or as a witness, they are not entitled to further participation in the procedure.
Report in Administrative Law
Report of a Regulatory Offense
In administrative law, reports are especially significant in the context of regulatory offenses, such as traffic violations or breaches of building regulations. A report of a regulatory offense initiates official proceedings. Here, too, the report is generally informal, but may be subject to institutional requirements.
Duties of Cooperation and Reporting Obligations
Certain public-law regulations obligate natural or legal persons to report certain matters, e.g., registering a business, notifiable diseases, or reportable business transactions (e.g., according to § 14 GewO – business registration). Failure to make a necessary report may result in administrative fine proceedings.
Report in Civil Law
Significance in Private Law
In civil law, a report usually refers to contractual relationships. Important examples include the notice of defects under sales or contract for work law (§ 377 HGB in commercial law, § 536c BGB in tenancy law). The report serves to notify the contracting party of a defect and, depending on the legal situation, triggers further rights and obligations, such as deadlines for remedy, claims for damages, or withdrawal.
Formal Requirements and Legal Consequences
Notices of defects are usually subject to specific deadlines and must be verifiable. If a contractual party fails to give the required notice, they may lose their claims or be held liable.
Report as Initiation of an Administrative or Judicial Proceeding
Regardless of the area of law, a report is a legally relevant act for initiating official or court proceedings. Its function is to inform public authorities of relevant facts so that they may take action to protect private or public interests.
Summary and Legal Significance
The report is a complex concept with central importance for access to legal protection from the state and the enforcement of the public interest. Its form and requirements vary in different areas of law, it is subject to specific rules on form and deadlines, and it gives rise to various legal consequences. Regardless of the legal field, the report is the essential instrument for initiating investigations, administrative procedures, or civil claims.
References (Selection)
- Code of Criminal Procedure (StPO)
- Criminal Code (StGB)
- Act on Regulatory Offenses (OWiG)
- Civil Code (BGB)
- Commercial Code (HGB)
- Fiscal Code (AO)
- Trade, Commerce and Industry Regulation Act (GewO)
This overview provides a comprehensive insight into the legal aspects of reports and their practical significance for the application of law.
Frequently Asked Questions
Who may file a report in Germany?
In principle, anyone who becomes aware of a criminal act—regardless of age, nationality, or direct involvement—can file a report with a law enforcement authority in Germany. It is irrelevant whether the reporting person is the victim or merely a witness to the incident. German law does not require any particular form for a report; it may be made verbally, in writing, by phone, online, or even anonymously. In the case of particularly serious crimes, there are sometimes even mandatory reporting requirements for certain professional groups (e.g., public officials). Minors are also entitled to file a report; in these cases, guardians or the youth welfare office are often involved. A report may be submitted to any police station, directly to the public prosecutor’s office, or via the state police’s online portals.
What legal consequences result from filing a report?
By filing a report, the relevant law enforcement authority (police, public prosecutor’s office) is informed of a potentially criminal matter and is obliged—if it concerns an offense prosecuted ex officio—to initiate what are known as official investigations. This means that law enforcement authorities will investigate the matter regardless of the informant’s wishes and, if necessary, open an investigation against the accused person. However, the informant has no right to have their report result in charges or a conviction, as this depends on the outcome of the investigation. Falsely accusing someone is a criminal offense (§ 164 StGB) and can result in criminal consequences for the informant in the case of false statements.
Does the informant have to expect any costs?
Simply filing a report is generally free of charge for the informant. Costs usually arise only if, for instance, a civil lawsuit is brought to assert claims for damages or compensation for pain and suffering. However, if the report was intentionally false and caused costs for the authorities, the informant may be charged for the expenses incurred (e.g., in the case of intentional false accusation). As a rule, the informant is merely listed as a witness and does not have to pay any fees for filing the report.
Can a report be withdrawn afterwards?
Under German criminal procedural law, there is generally no “withdrawal of the report” in the true sense, as the submission of a report creates a potentially relevant initial suspicion that law enforcement authorities must pursue, especially in the case of so-called offenses prosecuted ex officio. However, the informant can later declare that they no longer wish to apply for prosecution—this is relevant mainly for offenses requiring a criminal application (e.g., trespass, insult), which require such an application for prosecution. In such cases, the application can be withdrawn until the proceedings have become final. For ex officio offenses, however, the investigation continues regardless of the informant’s wishes and may be completed even against their express will.
What rights does the informant have in criminal proceedings?
As an informant, one regularly assumes the role of a witness. The informant has no original right to participate in the criminal proceedings unless they are also the injured party and thus the victim of the offense. In certain cases, such as violent crimes, the victim may be granted the status of joint plaintiff, which grants additional rights of participation and information (e.g., inspection of records, presence at the main hearing, etc.). The informant is usually only informed of the outcome of the proceedings if they are classified as the injured party or as the applicant. There is normally no general right to access the files without participation as a joint plaintiff. However, witnesses have a right to reasonable protection from harm (e.g., witness protection programs).
Is there a deadline for filing a report?
There is no general statutory deadline for filing a criminal complaint; it can be submitted at any time—even years after the offense—once someone becomes aware of or suspects a crime. However, two critical legal aspects must be considered: On the one hand, the statute of limitations for prosecution may already have expired in individual cases, meaning that an offense can no longer be prosecuted for legal reasons once certain periods have elapsed. On the other hand, for certain offenses—so-called application offenses—there are deadlines by which a criminal application must be filed (e.g., for insult: 3 months from knowledge of the offense and perpetrator). If the injured party misses this application deadline, prosecution is generally no longer possible.
Does the informant have to appear in person or can a report be made in writing?
A report can be filed in person at the nearest police station or in writing (by mail, fax, or via online portals). In more complex matters, a personal interview is often advisable, as follow-up questions can be clarified directly. However, there is no obligation to appear in person to file a report. Reports by telephone are also permissible, although the authority may require personal or written confirmation. In subsequent criminal proceedings, personal appearance as a witness may be necessary, for example, to testify; in such cases, a summons may be issued, which must be complied with.
