Practice areas
Counter-complaint after a false accusation
You are under investigation and considering a criminal complaint of your own, because in your view the accusation against you was invented. As a rule we advise against it. This page explains why.
About Counter-complaint
§ 164 StGB · § 469 StPO · §§ 154d, 154e StPO
What this is about
A counter-complaint is a criminal complaint filed by an accused person against the person who reported them, usually alleging false accusation under section 164 of the German Criminal Code (StGB). The impulse is understandable: anyone wrongly accused wants to turn the matter around.
In practice the counter-complaint rarely moves the dispute. It ties up energy and time in a second set of proceedings, while the case against you continues and the decisions are taken there. This is where a criminal defense belongs.
Why a counter-complaint usually leads nowhere
The public prosecution office almost never examines an allegation of false accusation on the merits straight away. Whether an accusation was false can only be assessed once the outcome of the original proceedings is known. Until then the prosecution regularly refrains provisionally from pursuing the matter (sections 154d and 154e of the Code of Criminal Procedure, StPO).
In practical terms the counter-complaint first leads to a provisional discontinuation. It does not relieve you in the pending case, and it speeds nothing up.
The risks
- Criminal liability of your own: if your allegation turns out to be unfounded, the suspicion of false accusation under section 164 StGB is raised against you.
- Costs of the proceedings: anyone who files a false complaint intentionally or with gross negligence may have to bear the costs caused by it (section 469 StPO).
- Civil claims by the other person, for example for an injunction or for the cost of their legal defence.
- Your own legal fees for the complaint are not reimbursed, not even where proceedings against the other person are opened.
- Effect on the original case: a counter-complaint is often read as a means of pressure and can worsen the negotiating position.
What matters instead
Whether the other person's account holds up is answered in the proceedings against you, not in a second case. That is where we put the work: access to the file, examination of the statement for contradictions, exculpatory evidence, and a submission only once the file has been read.
If it emerges in the course of the proceedings that the accusation against you was knowingly false, a complaint remains possible at that point, then on a secure footing. We discuss with you whether it is worth taking that step.
Arrested or questioned? Call us before you make a statement.
Frequently asked questions
What is a counter-complaint (Gegenanzeige)?
It is the criminal complaint of an accused person against the person who reported them, usually alleging false accusation under section 164 StGB. It is not a separate legal concept: it is an ordinary criminal complaint filed in a particular situation.
Is a counter-complaint for false accusation worth it?
In most cases it is not. The prosecution regularly waits for the outcome of the case against you and refrains provisionally from pursuing the matter (sections 154d, 154e StPO). Added to this are the risks of criminal liability of your own, of bearing costs under section 469 StPO and of civil claims. We examine the individual case, but as a rule we advise against it.
Are there time limits for filing a criminal complaint in Germany?
A criminal complaint is not subject to a time limit as long as the offence has not become time-barred. It is different for the criminal application (Strafantrag) required for certain offences such as insult or trespass: there a period of three months runs from knowledge of the act and the offender. We clarify which period applies to your case before any step is taken.
Can I withdraw a criminal application, and what does that cost?
Where an offence is prosecuted only on application, the application can be withdrawn until the proceedings have been concluded with final effect. The withdrawal is final; the same application cannot be made a second time. As a rule the person withdrawing bears the costs caused and the necessary expenses of the accused person.
I have been wrongly accused. What should I do first?
Say nothing about the allegation and file no complaint on your own initiative. As an accused person you are free not to give evidence on the matter (section 136 (1) sentence 2 StPO). We apply for access to the file and see first what the allegation rests on. Only then does it become clear whether a statement or a further step makes sense.
This information is general in nature and does not replace advice on an individual case.
Further practice areas
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