Termination of Criminal Proceedings for a Criminal Offense When the Accused Performs Duties or Instructions Under the Code of Criminal Procedure of the Federal Republic of Germany
Year: 2025
Type: article
Abstract: The article examines the mechanism for terminating criminal proceedings in the Federal Republic of Germany under § 153a of the German Code of Criminal Procedure (StPO), which allows prosecutors to discontinue a misdemeanour case if the accused accepts and fulfils specific obligations or directives.The provision, introduced in 1974, operationalises the "ultima ratio" principle by treating criminal punishment as a last resort and offering a pragmatic, flexible response to petty crime.The author traces the historical development of § 153a, emphasising its widespread use at the pre-trial stage and its dual function of relieving judicial caseloads while promoting restitution and victim-oriented solutions.A comparative analysis with Ukrainian law (Articles 45-46 of the Criminal Code of Ukraine) highlights conceptual parallels -release from liability through active repentance or reconciliation -but underscores decisive differences: Ukrainian prosecutors lack unilateral authority to close a case, and any remedial actions by the accused remain purely voluntary and court-approved, without formally imposed conditions.Constitutional considerations are addressed through the jurisprudence of the German Federal Constitutional Court, which has affirmed that the § 153a procedure does not infringe Article 92 of the Basic Law (judicial monopoly) nor Article 6(2) of the European Convention on Human Rights (presumption of innocence).Obligations under § 153a are deemed non-punitive because they are voluntarily undertaken, require no judicial finding of guilt, and carry no criminal record.Nevertheless, the article engages with scholarly critiques concerning potential inequalityparticularly a "pay-to-escape" perception for affluent defendants -and the lack of statutory guidelines defining the scope and proportionality of imposed conditions.The author concludes that, despite normative ambiguities and the risk of abuse, § 153a StPO remains an effective criminal-policy tool for decriminalising minor wrongdoing and enhancing prosecutorial efficiency.Ongoing legislative refinement is recommended to safeguard legal certainty, equality before the law, and protection against arbitrary prosecutorial discretion.
Authors: V.K. Voloshyna, V.G. Pozhar, D.V. Shylin
Institution: National University Odesa Law Academy
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4411525112