Germany’s judicial system is facing a deepening crisis as the backlog of unresolved criminal cases reaches unprecedented levels, threatening public confidence in the rule of law. According to figures released by the German Judges’ Association (DRB), the number of open cases has surged to nearly one million, specifically 981,633, as of mid-year. This burgeoning caseload is compounded by a projected influx of over 2.7 million new criminal proceedings expected during the first half of 2025.
A significant factor contributing to this stagnation is a drastic reduction in the rate at which cases are formally charged. In 2023, only one in sixteen criminal investigations resulted in an indictment, a stark decline from approximately one in ten cases in 2014. The DRB attributes this trend to overburdened prosecutors who are increasingly dismissing less serious offenses to prioritize more complex and severe crimes.
This prioritization strategy is particularly evident in the prosecution of shoplifting, a phenomenon contributing significantly to economic strain. A recent study by the EHI Retail Institute in Cologne indicates retail losses reached almost three billion euros last year. Furthermore, the number of reported serious shoplifting incidents has risen by almost a third since 2014, totalling 25,600. These figures highlight the increasing boldness of offenders and a perceived lack of consequences.
“Public trust in the rule of law is rapidly eroding when criminal acts go unpunished and criminal proceedings drag on for years” warned DRB Federal Managing Director Sven Rebehn. He emphasized a growing expectation for a functional and responsive justice system, rejecting the notion of prosecution dictated by budgetary constraints.
In an attempt to address the crisis, the Federal Cabinet recently approved a “Rule of Law Package” allocating 450 million euros to support the justice systems of the individual states during the current legislative period. A substantial portion, 240 million euros, is earmarked for new personnel. However, the DRB is now intensifying pressure on the states, demanding a commitment from the upcoming conference of state premiers in December to fill the currently 2,000 vacancies for prosecutors and judges. This pledge is deemed essential to swiftly unlock the federal government’s co-financing and prevent further deterioration of the judicial system. Critics argue that the current funding measures, while welcome, may prove inadequate given the scale of the problem and the potential for long-term societal damage resulting from a perceived failure of justice.