TERMINATION OF CRIMINAL PROCEEDINGS FOR A CRIMINAL OFFENSE WHEN THE ACCUSED PERFORMS DUTIES OR INSTRUCTIONS UNDER THE CODE OF CRIMINAL PROCEDURE OF THE FEDERAL REPUBLIC OF GERMANY

The article examines the mechanism for terminating criminal proceedings in the Federal Republic of Germany under 153a of the German Code of Criminal Procedure (StPO), which allows prosecutors to discontinue a misdemeanour case if the accused accepts and fulfils specific obligations or directives.The provision, introduced in 1974, operationalises the "ultima ratio" principle by treating criminal punishment as a last resort and offering a pragmatic, flexible response to petty crime.The author traces the historical development of 153a, emphasising its widespread use at the pre-trial stage and its dual function of relieving judicial caseloads while promoting restitution and victim-oriented solutions.A comparative analysis with Ukrainian law (Articles 45-46 of the Criminal Code of Ukraine) highlights conceptual parallels -release from liability through active repentance or reconciliation -but underscores decisive differences: Ukrainian prosecutors lack unilateral authority to close a case, and any remedial actions by the accused remain purely voluntary and court-approved, without formally imposed conditions.Constitutional considerations are addressed through the jurisprudence of the German Federal Constitutional Court, which has affirmed that the 153a procedure does not infringe Article 92 of the Basic Law (judicial monopoly) nor Article 6(2) of the European Convention on Human Rights (presumption of innocence).Obligations under 153a are deemed non-punitive because they are voluntarily undertaken, require no judicial finding of guilt, and carry no criminal record.Nevertheless, the article engages with scholarly critiques concerning potential inequalityparticularly a "pay-to-escape" perception for affluent defendants -and the lack of statutory guidelines defining the scope and proportionality of imposed conditions.The author concludes that, despite normative ambiguities and the risk of abuse, 153a StPO remains an effective criminal-policy tool for decriminalising minor wrongdoing and enhancing prosecutorial efficiency.Ongoing legislative refinement is recommended to safeguard legal certainty, equality before the law, and protection against arbitrary prosecutorial discretion.