Proceedings on the complaint against KK Weiß are discontinued — and the legal remedy is barred without a lawyer

By a decision dated 09.07.2025 (file reference 171 Js 25/24, signed Müller-Gebert, Senior Public Prosecutor), the Berlin Prosecutor General’s Office discontinues proceedings under § 170 Abs. 2 StPO on the criminal complaint I filed against criminal police inspector Max Weiß on 23.01.2024. I received the decision on 21.07.2025 — almost a year and a half after filing the complaint.

The reasoning relies principally on an email of 02.04.2023 from my defence lawyer at the time, Dr. Risch, and on the assessment of the evidence by the Schwurgericht (the Regional Court chamber hearing serious offences against life) itself, which reportedly had “no doubts whatsoever, with knowledge of the overall circumstances”, as to the correctness of the statements that were the subject of the criminal complaint.

For a Klageerzwingungsantrag (application to compel public prosecution) under § 172 Abs. 2 StPO, the notice of legal remedies literally requires: “It must be signed by a lawyer” (§ 172 Abs. 3 StPO). I had no defence lawyer. The legal remedy was therefore closed to me for formal reasons rather than reasons relating to the merits.