Court-Appointed Defense Lawyer

Court-Appointed Defense Lawyer (Court-Appointed Defense Lawyer) in German Criminal Proceedings

In certain cases, German law requires that the accused be represented by a defense lawyer, regardless of their financial situation. This mandatory defense (notwendige Verteidigung) is regulated by Sections 140 to 143a of the Code of Criminal Procedure (StPO). Where a case falls within the statutory criteria, the court must appoint a defense lawyer (Court-Appointed Defense Lawyer) if the accused does not already have one. The costs are initially borne by the state, though the accused may be required to reimburse them if convicted.

When Is a Court-Appointed Defense Lawyer Required?

Mandatory defense applies in cases involving serious charges (felonies carrying a minimum sentence of one year), when pre-trial detention is ordered or under consideration, when the accused has been in custody for more than three months, when the accused may be placed in a psychiatric facility, and in proceedings before the Regional Court (Landgericht) or Higher Regional Court (Oberlandesgericht). Since the 2019 reform implementing the EU Directive on Legal Aid, the right to a court-appointed defense lawyer has been significantly expanded, including access to a lawyer during the first police interrogation in serious cases.

How BAFTEH Criminal Defense Can Help

While the court selects the Court-Appointed Defense Lawyer, the accused has the right to propose a specific lawyer. At BAFTEH Criminal Defense, we accept court appointments and provide the same level of dedicated representation to court-appointed clients as to privately retained clients. If you are facing serious charges and cannot afford a lawyer, contact us – we can advise on whether your case qualifies for a court-appointed defense and guide you through the process of proposing your preferred lawyer to the court.

Court-appointed defender: requirements and your rights

Cases of mandatory defense (§ 140 StPO)

A court-appointed defender is assigned, among other things, where a felony is charged, the trial takes place before the regional or higher regional court, pre-trial detention is enforced, a professional ban threatens, the factual or legal situation is difficult, or the accused evidently cannot defend themselves. A sentence expectation from about one year also speaks for assignment.

Choice and costs

You have a right to propose a lawyer of your trust (§ 142 StPO). The assignment secures the defense regardless of your means; on conviction the convicted person bears the costs, on acquittal the state treasury.

Changing your defender

Where the relationship of trust is permanently destroyed, a change is possible; a consensual change has been eased since the reform. We review your situation and apply for the assignment or the change.

Note: This information is general and does not replace advice in an individual case.

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.