The German Judges Association (DRB) has sounded an alarm over the growing backlog of criminal cases. According to its federal executive director, Sven Rebehn, the number of new criminal proceedings filed with prosecutors reached about 5.5 million in 2025 – the third consecutive year this level has been hit. For the first time, the total number of open cases at the end of 2025 surpassed one million.
In May 2020 the system still had roughly 700,000 pending cases, a rise of almost 50 percent in five years. In the most populous state, North‑West Germany, nearly 284,000 unsettled cases now sit on the docket. Investigators say they cannot clear the pile‑up without additional staff, and the judges warn that without a boost in personnel the backlog will only grow.
One dangerous consequence of the overload, the DRB notes, is the release of suspects from pre‑trial detention because the courts cannot keep up. In 2025, 50 suspects were freed nationwide after investigations ran too long. Most of these cases involve serious offences such as homicide, rape or grievous bodily harm. On average, a suspect is released every week – a figure that Rebehn calls “too high” and that should prompt political action to improve the chronically understaffed criminal justice system. “It is shocking when the law is forced to act only as far as finances allow” he said.
Administrative courts are also under duress. The DRB points to rising numbers of complaints against asylum decisions. The Federal Office for Migration and Refugees has processed cases more quickly, but the higher rejection rate has led to more legal challenges, funneling them into courts. Rebehn highlighted that in the past three years the number of asylum‑related filings has more than doubled. In 2022 there were about 62 000 complaints; the previous year, over 140 000 cases were brought to court – a jump of roughly 80 000, or 125 percent. That workload must be met with more judges, especially as policy requires that asylum claims be resolved within six months by administrative courts.
Rebehn calls on the federal government and the Länder to increase funding for judicial personnel. Nationwide, about 2 000 prosecutors and criminal judges are still missing, and North‑West Germany alone needs roughly 350 additional prosecutors. Several hundred administrative judges are also short, a gap that is exacerbated by the surge in asylum petitions.
He notes that the staffing shortfall could be remedied quickly if the money earmarked for the planned federal‑state rule‑of‑law pact were released. “The problem isn’t a lack of applicants” Rebehn argues. “It’s that state finance ministers are unwilling to recognise the urgency and are thus withholding funds for additional positions”.