The initiation of criminal proceedings against a suspect is, for many victims, the first step toward enforcing their rights. Yet in many cases, victims do not experience justice. More than half of all proceedings are discontinued — sometimes rightly, sometimes without fully exhausting the authorities’ duty to investigate. How can victims achieve justice in criminal proceedings, and what can be done when the case against the perpetrator has been discontinued?
Formal precision is crucial
If the investigation remains incomplete, victims may file an application for continuation. However, the hurdles for such an application are high: only those who meet the procedural and substantive requirements precisely have a chance of success.
How should an application for continuation of proceedings be properly formulated (pursuant to Section 195 of the Austrian Code of Criminal Procedure [StPO])?
Before examining the content, the court first checks whether the formal requirements are met. Many applications fail at this stage — for example, due to a lack of standing, late submission, or insufficient reasoning. The application must be filed within 14 days of being notified of the discontinuation; a request for the reasoning of the discontinuation may extend this period.
The grounds for continuation must be clearly and specifically stated — general claims are insufficient.
Substantive reasoning determines success: The court will only review those arguments expressly contained in the application. Depending on the case, it must be demonstrated that
- a violation or incorrect application of the law occurred,
- there are serious doubts about the findings of fact, or
- new facts or evidence have been presented.
Beware of limitation periods: If there are multiple discontinuations, the limitation period continues to run — even while an application for continuation is pending.
Conclusion: An application for continuation is not merely a legal remedy but a highly formalized instrument.
It requires the utmost diligence. Only those who meet all formal requirements and provide precise reasoning can achieve the reopening of a discontinued investigation.
Success comes to those who combine legal precision with clear argumentation:
- Observe deadlines precisely,
- Substantiate victim or private party status thoroughly,
- Accurately subsume the grounds for continuation.
A request for the reasoning of the discontinuation should always be considered — it provides clarity and simultaneously extends the deadline.
More on this topic can be found in the Ecolex article of Heidemarie Paulitsch and Nina Schmidt (Section on White-Collar Crime).
