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Reasons for discontinuation under section 194 StPO

Reasons for discontinuation under section 194 StPO: what victims can request after an investigation ends and how to prepare the next step.

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Mag. Christopher Angerer, Rechtsanwalt

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27 August 2026 · Mag. Christopher Angerer, Rechtsanwalt

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.

What information do you have?

Reasons for discontinuation under section 194 StPO

Before a remedy can be assessed, preserve the notice, the decision and the written reasons.

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01 Question 1

What information do you have?

Before a remedy can be assessed, preserve the notice, the decision and the written reasons.

All routes at a glance

Overview of all answers.

01

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.

Notice and written reasons →
02

Reasons received: check facts and application of law.

When reasons are available, check the decisive facts and legal provisions. Record each criticism with a reference to the file.

Facts and legal reasoning →
03

Incomplete reasons: record missing foundations of the decision.

Identify missing evidence, facts or legal assessment and explain why it matters. General criticism is not enough.

Incomplete reasons →
04

Continuation: connect reasons, deadline and specific grounds.

For an application under section 195 StPO the reasons are the starting point. The deadline, case and specific grounds must fit together.

Preparing the next step →

Notice and 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.

Facts and legal reasoning

When reasons are available, check the decisive facts and legal provisions. Record each criticism with a reference to the file.

Incomplete reasons

Identify missing evidence, facts or legal assessment and explain why it matters. General criticism is not enough.

Preparing the next step

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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Frequently asked questions

What you should know.

Why do the reasons matter? +

They show which facts and legal grounds support the prosecutor’s decision.

Can I request reasons? +

Section 194 StPO governs notice and the possibility of obtaining reasons for discontinuation.

What comes next? +

The reasons may form the basis for an application under section 195 StPO, subject to a deadline.

Topics
einstellungsbegruendungparagraf-194-stpoverfahrenseinstellungopferrechte

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