Criminal complaint or civil action? The sequence decides

Criminal proceedings serve the prosecution of criminal offences. They can open investigative powers that private individuals and companies do not have – for example information from banks or access to data – and in suitable cases can lead to the seizure of assets. They do not, however, enforce your payment claim; adhesion proceedings (Adhäsionsverfahren) are the exception, not the rule.

Civil proceedings aim at compensation: repayment, damages, injunctive relief. The burden of proof lies in principle with you, which establishes the connection to the first route – through inspection of the file as an injured party, findings can become available that cannot be obtained privately.

A letter of claim signals to the other side that the matter has been noticed. If assets are still tangible and not secured, that can lead to them being moved. Conversely, waiting for an investigative result can affect civil-law deadlines. Neither can be resolved schematically, but only on the basis of the facts – in particular according to whether and where assets exist.