Case dismissed: what a dismissal does and does not conclude

The Public Prosecution Service decides not to prosecute further

In the event of a dismissal, the Public Prosecution Service decides not to prosecute or not to prosecute further. There may be several reasons for this. For example, the Public Prosecution Service may not see sufficient grounds for successful prosecution or may refrain from prosecuting on policy grounds. The concrete reason is part of the decision and is more important than a general explanation of the word.

A dismissal is different from an acquittal. In the event of acquittal, a judge ruled on the accusation. In the event of a dismissal, the Public Prosecution Service will stop the prosecution via the chosen decision. Therefore, when contacting third parties, carefully write down what the letter actually says; do not replace the formulation itself with a broader conclusion.

The reason may be technical or policy-related

A technical dismissal is related to an obstacle to a successful prosecution, such as insufficient evidence. A policy dismissal means that there is a reason to refrain from prosecution, while prosecution in itself may be possible. The categories are not a judgment that every case within the same group is identical.

If the description is unclear, ask which ground for dismissal was used and on what facts it is based. Make a note of the parquet number and keep the explanation. This gives a lawyer a concrete starting point for advice on the content of the decision and any consequences. An announcement that the case is finished sometimes leaves open the question of the reason.

Check whether the dismissal contains conditions

A conditional dismissal deserves extra attention. The Public Prosecution Service can withhold prosecution under certain conditions. You must understand from the decision what these conditions are, for what period they apply and what can happen in the event of non-compliance. Rules for minors may differ from those for adults.

Before you agree, ask for an explanation of any condition that seems unclear or practically difficult. Make it specific what you must do, refrain from doing or report and who will decide about it. A verbal explanation from another person involved does not automatically change the written conditions. Discuss a changed personal situation in a timely manner instead of assuming an exception yourself.

A dismissal does not automatically erase the criminal record

Judicial documentation is a record of criminal data and decisions. This may also include cases without a conviction. The ground for dismissal may be relevant for the processing. It is therefore too simple to say that a dismissed case always disappears completely or always has the same consequences as a conviction.

If you want to know what is registered in your name, request an overview via Justid. Compare it with the decision of the Public Prosecution Service. For the background, read the explanation about the criminal record. Your own registration overview and a VOG assessment are different things; For the VOG, Justis decides on the specific application purpose.

Disagreement about the dismissal requires a targeted response

If you are happy that the persecution is ending but you think the reason used is incorrect, then make that distinction clear. Describe which formulation you dispute, why and with what documents you substantiate it. Ask the Public Prosecution Service for a reasoned assessment. A complaint about the dismissal is not an ordinary appeal against a criminal judgment.

The National Ombudsman describes that complaints about dismissal codes can be significant for a former suspect and that the Public Prosecution Service must respond appropriately. Discuss with a lawyer which route and outcome suits your objection. A general request for a clean slate says too little about the specific content that you believe is incorrect.

A registration error and a substantive dispute are different

If the registration does not actually correspond with the final decision, a correction request may be required from Justid. Justid makes it clear that rectification concerns factual inaccuracies and is not intended to reassess the content of a criminal case. In an ongoing case, Justid refers to the Public Prosecution Service for substantive inaccuracies.

For a question about registration, please include the correct decision and the relevant registration section. Write exactly what you think doesn't match. If you actually want the grounds for dismissal to be changed, please state this separately. This way you avoid having to wait weeks at an authority that is responsible for a different question.

An interested party may have a different procedural position

Anyone who is a victim or otherwise has a direct interest can, under certain conditions, complain to the court about a decision not to prosecute. This is called the Article 12 Code of Criminal Procedure procedure. That route has a different purpose than a former suspect who wants to have the wording of his dismissal notice changed.

A letter of dismissal is therefore not a basis for the general promise that no further proceedings can follow. If you later receive documents from a court or again from the Public Prosecution Service, have them assessed immediately and keep the previous decision available. The legal significance of the new step depends on the type of decision and the circumstances.

Complete the matter administratively and practically

Ask whether there are any outstanding issues in addition to the prosecution decision, such as items seized or attorney fees incurred. Under certain conditions, a request for compensation may be possible after a case without penalty or measure. That is not an automatic payment; short terms and separate terms and conditions may apply. Therefore, submit your question immediately and save invoices.

Keep the dismissal letter in a secure folder, together with any conditions and subsequent correspondence. A complete file helps when you later have to compare a registration or respond about a Certificate of Good Conduct. The general criminal procedure shows which settlements exist in addition to dismissal.

• Save complete dismissal decision and public prosecutor's office number.
• Have the reason, code, conditions and possible period explained.
• Only check registration via your own overview.
• Distinguishing substantive objection from a factual registration error.
• Discuss outstanding attachment or reimbursement questions immediately.