This guide is informational. Always verify how the rules apply to your specific case.
Brief Answer: When public prosecution is not initiated, it means that the prosecutor is currently not pursuing the criminal case on behalf of society. This is not the same as "nothing happened" legally. You may still have options through appeal, private prosecution, civil damages, or oversight—depending on what the decision states and your objectives.
This guide is part of the legal process. Position yourself in the entire chain via how a trial proceeds.
What does it mean when public prosecution is not initiated?
Public prosecution means that the prosecutor is pursuing the criminal case. When it is not initiated, the state has chosen not to take the matter to district court as a criminal case—at least not at this time, based on the available evidence.
This does not automatically mean:
- that your account is incorrect
- that the damage does not exist
- that every other legal avenue is closed
It means that the criminal law track via the prosecutor is not proceeding at this stage.
Common decisions you may receive
- The preliminary investigation is closed – the investigation is stopped, for example, due to insufficient evidence or the act not being deemed a crime.
- Prosecution is not initiated – the prosecutor believes there are not sufficient grounds to initiate prosecution.
- Waiver of prosecution – the prosecutor assesses that the crime may be proven but decides not to prosecute, for example, due to special circumstances.
Always request a written decision and justification. Without it, the next step becomes a guessing game.
What you can do – step by step
- Secure the document. Case number, date, type of decision, and justification.
- Request the documentation. Preliminary investigation report, incident report, and relevant attachments where possible. See requesting public documents.
- Consider appeal to a higher prosecutor when applicable for the decision.
- Choose your objective: do you want a criminal trial, compensation, oversight—or multiple tracks?
- Document the timeline before memories and emails disappear. In police matters: important when you are subjected to police actions.
Private prosecution – when the victim acts independently
In certain crimes, particularly some defamation offenses like slander, the victim can initiate private prosecution. This is a more demanding path: you effectively take on the role of prosecutor for that specific case and need to consider evidence, formalities, and costs.
Private prosecution is therefore not an automatic "plan B" in all closed cases. It depends on the type of crime and legal support.
Civil damages when prosecution is not initiated
Even if public prosecution is not initiated, you can in some cases file a civil lawsuit for damages or other civil remedies. The burden of proof is lower than in criminal cases, but you typically bear the risk of legal costs if you lose.
Read more in filing a civil lawsuit and settlement in court.
Oversight is another track
JO, JK, or other oversight bodies may be relevant in cases of administrative errors, delays, or inadequate handling. This does not replace prosecution and usually does not change the prosecution decision. See how to file a JO complaint.
FAQ
Does "prosecution is not initiated" mean I am wrong?
No. It is a procedural decision regarding the criminal law track.
Can I still receive damages?
Sometimes yes, through a civil lawsuit. Assess evidence, cost, and time limits first.
What is the difference between a closed preliminary investigation and a waiver of prosecution?
Closing stops the investigation. A waiver of prosecution means the prosecutor may believe the act is proven but still does not initiate prosecution.
Should I always request an appeal?
Not always. Start by reading the justification and assessing if there are concrete deficiencies in the decision or documentation.