Access to the investigation file under § 406e StPO allows an injured party, acting through a lawyer, to inspect the file held by the prosecuting authorities. It is granted where a legitimate interest is shown, and it is the principal route by which a fraud victim learns what the investigation has established.
In investment fraud cases the file frequently contains what no private party could obtain alone: the identity of the company operating a platform, the individuals behind it, the receiving bank accounts, and the onward movement of funds. Requests can be refused or restricted where they would jeopardise the investigation, so timing matters and applications are often repeated as proceedings develop.
Why it matters to you
Without the file, a civil claim is largely guesswork — you may know that you were defrauded without knowing whom to sue or whether they hold anything worth pursuing. This is a central reason why filing a criminal complaint is worthwhile even though it cannot itself order repayment. How the steps fit together is set out on our process page and in the guide to criminal complaints.
Asset freezing
Asset freezing (§§ 111b et seq. StPO): provisional securing of assets in criminal proceedings — the basis for confiscation and compensation.
BaFin warning list
Public warnings from the German financial supervisor about providers operating without the licence required by § 32 KWG.
Capital investment fraud
Capital investment fraud (§ 264a StGB): false statements presenting an investment favourably when marketing it to a larger group of investors.