Anyone receiving a first letter from the German police or public prosecutor runs into words that hardly ever come up in everyday life: written questionnaire, daily rate, dismissal under Section 153a StPO. Here we explain the terms that come up most often in our cases, each with its statutory reference and what it means for you in practice.
These explanations are general. Whether a rule applies in your case only becomes clear from the file.
A
Access to the fileIn briefDefence counsel may inspect the investigation file and view the physical evidence (Section 147 StPO). Only then do you know what the authorities actually have. Anyone who…AccusedIn briefThe accused is the person under investigation. It is a status that carries rights, not a finding of guilt. Anyone treated as a suspect must also be…Appeal on fact and lawIn briefAn appeal on fact and law is a second trial: a new hearing, new evidence, a new judgment. If only the defendant appeals, the sentence may not…Appeal on points of lawIn briefAn appeal on points of law does not ask what happened, but whether the court did its job correctly. There are no new witnesses. To succeed, the…AppealsIn briefJudgments can be challenged by an appeal on fact and law or an appeal on points of law, orders by a complaint. The first brings a new…Arrest warrantIn briefAn arrest warrant requires more than mere suspicion: a conviction must be highly likely and there must be a ground for detention, usually risk of flight. Every…
B
C
Certificate of conductIn briefNot every conviction appears on the certificate of conduct. The threshold is 90 daily rates or three months’ imprisonment, provided it is the only entry. Below that…Chosen defence counselIn briefYou choose your own defence lawyer, from the very moment you learn of a case. There is no need to wait for the court to appoint one.Legal…ConfiscationIn briefWhat comes from an offence should not remain with the offender. Confiscation is imposed in addition to the sentence and is not a penalty in the narrow…Court-appointed defence counselIn briefCourt-appointed counsel is not a second-class lawyer but an ordinary criminal defence lawyer appointed by the court. You can propose who it should be, and the court…Criminal complaint requirementIn briefSome offences are only prosecuted if the injured person expressly asks for it. If that application is missing or comes too late, the case is in many…
D
Dismissal for lack of suspicionIn briefThis is the best outcome of an investigation: the prosecutor discontinues because a conviction is not likely. No judgment, no payment, no entry. You do not have…Dismissal subject to conditionsIn briefWith a dismissal under Section 153a StPO the accused pays a sum or performs another condition, and the case is then closed. No judgment, no criminal record,…Driving banIn briefA driving ban is temporary and the licence remains valid. Once it ends you get your licence back, without a test and without a medical-psychological assessment. That…
E
Enforcement of sentencesIn briefEnforcement begins once a judgment is final. The prosecutor’s office is responsible, usually a judicial officer there. Many people think nothing can be done after the judgment.…Exclusion of evidenceIn briefAn error in gathering evidence does not automatically make the evidence unusable. Courts weigh the circumstances. And whoever fails to object in time often loses the point…
F
I
Initial suspicionIn briefAn investigation needs only an initial suspicion: concrete facts that make an offence appear possible. At this stage the law does not yet require probability.Legal basisSection 152(2)…Investigation proceedingsIn briefThe investigation is where the most important decision of the whole criminal case is made: charges or dismissal. Whatever is not in the file by then will…
J
L
Lay assessor courtIn briefAt the lay assessor court three people decide, two of them lay judges. They have the same vote as the professional judge but do not know the…Legal forceIn briefLegal force turns a decision into an end point. From then on the sentence is enforced, the conviction is registered, and correction is only possible through a…LimitationIn briefMost offences become time-barred after three, five or ten years. But the period does not simply run on: every questioning, every search warrant restarts it. Only after…
M
Main hearingIn briefThe main hearing is where the case is decided. What does not come up there may not be used by the court, even if it is in…Medical-psychological assessmentIn briefThe medical-psychological assessment does not decide guilt but fitness to drive. It is ordered by the licensing authority, often long after the criminal case. Whatever was said…
N
O
P
Penalty orderIn briefA penalty order is a judgment by post. The court has not heard you; it has only read the file. Anyone who does not object within two…Pre-trial detentionIn briefPre-trial detention is not a punishment; its purpose is to secure the proceedings. Even so, people sometimes spend months in custody before their guilt is tried at…Private accessory prosecutionIn briefWith an accessory prosecution, a second party joins the prosecutor on the prosecution side: the injured person, usually with their own lawyer. For the defence this changes…
Q
R
Regulatory offenceIn briefA regulatory offence is not a crime: no penalty, no entry in the Federal Central Criminal Register. The consequences can still be noticeable, particularly in traffic with…Right of witnesses to refuse testimonyIn briefWitnesses must generally testify, and truthfully. Relatives of the accused and certain professions are exempt. Anyone who would incriminate themselves may leave individual questions unanswered.Relatives (Section 52…Right to remain silentIn briefNobody has to help convict themselves. An accused person may remain silent about the allegation before the police, the prosecutor and the court, without giving any reason.Legal…
S
Search warrantIn briefA search generally requires a judicial warrant. It must state the allegation and the evidence sought in concrete terms. Whatever you say or hand over voluntarily during…SeizureIn briefHanding items over voluntarily waives judicial review. Objecting forces a formal seizure, which a court can examine. This small difference often decides whether you spend months without…SentencingIn briefThe statutory range is fixed by law, the actual sentence is not. Where it lands within the range depends on circumstances that must be presented and documented.…SummonsIn briefWhat matters is who is summoning you and in what role. As an accused you need not comply with a police summons. As a witness you may…Suspended sentenceIn briefA suspended sentence means a prison term does not have to be served. In return there is a probation period of two to five years, usually with…
V
W
Withdrawal of the driving licenceIn briefUnlike a driving ban, the licence is gone afterwards. It must be applied for again once a blocking period has expired, often with a medical-psychological assessment. For…Written questionnaireIn briefThe written questionnaire is the written hearing of an accused person. You must give your personal details. You do not have to write anything about the allegation…