Short notice: request written reasons under section 194 StPO.
A short notice may not explain why the public prosecutor rejected the suspicion. In the statutory circumstances written reasons may be requested. Preserve the service date.
Reasons for discontinuation under section 194 StPO: what victims can request after an investigation ends and how to prepare the next step.
Mag. Christopher Angerer, Rechtsanwalt
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After an investigation is discontinued, victims need the prosecutor’s reasons to assess the decision. Section 194 StPO governs notice and the request for reasons.
The reasons provide the basis for considering an application to continue proceedings under section 195 StPO. This article focuses on that information basis.
Before a remedy can be assessed, preserve the notice, the decision and the written reasons.
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Before a remedy can be assessed, preserve the notice, the decision and the written reasons.
A short notice may not explain why the public prosecutor rejected the suspicion. In the statutory circumstances written reasons may be requested. Preserve the service date.
When reasons are available, check the decisive facts and legal provisions. Record each criticism with a reference to the file.
Identify missing evidence, facts or legal assessment and explain why it matters. General criticism is not enough.
For an application under section 195 StPO the reasons are the starting point. The deadline, case and specific grounds must fit together.
A short notice may not explain why the public prosecutor rejected the suspicion. In the statutory circumstances written reasons may be requested. Preserve the service date.
When reasons are available, check the decisive facts and legal provisions. Record each criticism with a reference to the file.
Identify missing evidence, facts or legal assessment and explain why it matters. General criticism is not enough.
For an application under section 195 StPO the reasons are the starting point. The deadline, case and specific grounds must fit together.
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They show which facts and legal grounds support the prosecutor’s decision.
Section 194 StPO governs notice and the possibility of obtaining reasons for discontinuation.
The reasons may form the basis for an application under section 195 StPO, subject to a deadline.
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