Dismissal of Criminal Proceedings | Effective Defense Nationwide

The dismissal of criminal proceedings can often be the best possible outcome. It usually means:
no trial, no conviction, no entry in the criminal record.

Many defendants do not realize that already at the investigation stage there are multiple legal options to terminate proceedings without a court hearing.

As an experienced criminal defense lawyer, I carefully examine in every case whether and how a dismissal can be achieved. The earlier you seek legal assistance, the higher the chances of success.

Table of Contents

What does dismissal mean?

Dismissal of proceedings means that the case is terminated without a judgment. This may happen because there is no sufficient evidence, or because the prosecution decides that the case should not be pursued for legal or practical reasons.

Dismissal can take place already during the investigation or, in certain situations, even later during court proceedings.

Advantages of dismissal

A dismissal provides significant advantages:

✅ No conviction
✅ Usually no court hearing
✅ No entry in the criminal record
✅ Quick conclusion of the case
✅ Less psychological stress
✅ Minimization of consequences for work and family

Legal basis

The main provisions for dismissal are:

  • § 170 para. 2 StPO: Dismissal due to insufficient evidence
  • § 153 StPO: Dismissal for minor guilt
  • § 153a StPO: Dismissal with conditions and obligations
  • § 154 StPO: Dismissal due to more serious concurrent proceedings
  • § 154f StPO: Dismissal due to temporary obstacles
  • Special rules in juvenile criminal law (§ 45, § 47 JGG)

Dismissal due to lack of evidence (§ 170 para. 2 StPO)

The most common reason for dismissal. Proceedings are terminated if no sufficient suspicion of a crime exists. This may happen if:

  • Evidence is not strong enough to expect a conviction
  • Witness statements are inconsistent
  • No reliable indications exist

This type of dismissal is particularly favorable for defendants, as it is closest to an acquittal. There is no entry in the Federal Central Register or in the criminal record.

Dismissal for minor guilt (§ 153 StPO)

If guilt is considered minor and there is no public interest in prosecution, the prosecutor may dismiss the case.

Typical cases:

  • First-time offenders
  • Petty offenses (e.g., shoplifting of small value)
  • Low financial damage
  • No prior convictions

Important: This dismissal is without conditions. Usually, there is no entry in the criminal record.

Dismissal with conditions and obligations (§ 153a StPO)

A very common option is dismissal with conditions. The defendant agrees to fulfill certain obligations. Once these are met, the case is permanently closed.

Typical obligations:

  • Payment of a fine to a non-profit organization
  • Compensation of damages
  • Participation in training programs (e.g., anti-violence training)
  • Community service
  • Therapy (e.g., drug rehabilitation)

Advantage:
No conviction, provided that the conditions are met.

Important:
Dismissal under § 153a StPO is not considered a conviction and normally does not appear in the criminal record.

Dismissal in juvenile criminal law

In juvenile proceedings, special rules apply:

  • § 45 JGG: Dismissal without conditions
  • § 47 JGG: Dismissal with conditions (e.g., social training courses, community service)

The focus is on education rather than punishment. Chances of dismissal are usually higher than in adult criminal law.

Dismissal in private prosecution cases (§ 374 StPO)

For certain offenses (e.g., insult, trespassing), prosecution only occurs upon complaint. The prosecutor may refuse to prosecute if there is no public interest. The alleged victim may then pursue the case as a private prosecution.

Dismissal before or after indictment

Dismissal is possible up until the opening of the main hearing. In exceptional cases, it may even occur later if public interest in prosecution no longer exists.

Defense strategies

An early and targeted defense can be decisive. Typical strategies:

✅ Requesting early access to the case files
✅ Identifying contradictions in the evidence
✅ Presenting exonerating circumstances
✅ Offering damage compensation
✅ Making statements only after careful examination
✅ Direct discussions with the prosecutor
✅ Arguing that there is no public interest in prosecution

Possible conditions

In dismissals under § 153a StPO, typical conditions include:

  • Payment of fines (e.g., €500–€2,000)
  • Participation in counseling or therapy
  • Compliance with specific behavioral rules
  • Undertaking to refrain from certain conduct
  • Community service

💡 Tip: The type and amount of conditions can often be negotiated with the prosecutor.

Dismissal and criminal record

Dismissals under §§ 153 or 153a StPO do not lead to a conviction. They usually:

  • do not appear in the criminal record
  • do not appear in the extended criminal record
  • may only be recorded internally in certain authority registers

This can be crucial for professionals such as civil servants, doctors, or educators.

What happens afterwards?

After dismissal, the case is terminated. The prosecutor will send a written notification. If conditions were imposed, they must be fulfilled. Afterwards, the case is considered closed.

Frequently asked questions

Do I need to confess in order to obtain a dismissal?
No. A confession is not a requirement. In some cases, however, it may help if it contributes significantly to clarifying the case.

Will I be reimbursed for lawyer’s fees?
No. In most cases, defendants must pay their own legal fees after dismissal.

Can the prosecution reopen the case later?
Only in rare situations, e.g., if new evidence becomes available.

Is dismissal always better than an acquittal?
Not necessarily. In some cases, an acquittal may be preferable as it represents full rehabilitation.

Why early defense is crucial

Most dismissals are achieved early during the investigation phase. Therefore:

  • Contact a defense lawyer immediately after learning about the investigation
  • Do not make statements without legal advice
  • Forward all documents from police or prosecution directly to your lawyer

Only early intervention maximizes the chances for dismissal.

Contact – Get legal help now

Have you received a police summons or been informed about criminal investigations? Do not wait – use the chance to achieve a dismissal.

I will check for you whether dismissal is possible and guide you through every stage of the proceedings.

📞 Phone: +49 172 8974716
✉️ E-Mail: beisel@duckscheer.de

As your criminal defense lawyer, I will represent you nationwide – with competence and discretion.