Räuberischer Diebstahl (theft with violence): investigation discontinued

The client approached the firm for help as the accused in criminal proceedings. He was alleged to have taken a wallet from a young man together with two other people and then to have beaten him up. Such conduct meets the elements of räuberischer Diebstahl (theft with violence) under sect. 252 of the Strafgesetzbuch (German Criminal Code). That offence carries a prison sentence of not less than one year and is therefore a Verbrechen (felony).

The file was worked through meticulously and discussed in detail with the client. We set out that our client's perpetration was ruled out and that the remaining circumstances also spoke against anything having been taken. The submissions also convinced the public prosecutor's office, which finally discontinued the proceedings as requested for lack of suspicion under sect. 170 (2) of the Strafprozessordnung (German Code of Criminal Procedure). The client is very relieved that he is spared a burdensome main hearing and will have no criminal record.