In brief

Defence 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 makes a statement before that is guessing.

Section 147(1) StPO gives defence counsel the right to inspect the files that are before the court, or would be if charges were brought, and to view evidence held in official custody. The right belongs to counsel. An accused person without a lawyer may inspect the file personally under subsection 4, but only where the investigation would not be endangered and no overriding interests of third parties stand in the way. In practice they often receive copies rather than the file itself.

As long as the prosecutor has not recorded the conclusion of the investigation, access may be refused where it would endanger the purpose of the investigation (subsection 2). Three things may never be withheld: records of the accused’s own questioning, records of judicial investigative acts at which counsel was entitled to be present, and expert reports (subsection 3). In custody cases there is a further limit: whatever is essential for assessing pre-trial detention must be made available.

What the file contains

It usually starts with the criminal complaint or a notification from another authority. Then come police notes, witness statements, photographs, analysis reports on phones or bank accounts, and in traffic cases blood alcohol results or measurement records. What is missing is often just as telling: a witness who was never asked, a camera whose footage was not secured, two notes that contradict each other.

More and more files are kept electronically. The prosecutor then provides them through a portal or as a file under Section 32f StPO, which speeds things up considerably. Paper files are sent to the law office and returned after a few days. In practice it often takes two to six weeks before the file arrives.

Why we almost always inspect the file first

A statement cannot be taken back. It stays in the file even if you remain silent later. That is why in nearly every case we advise using the right to remain silent at first, notifying the authorities that we act for you and applying for access. Once we have the file we go through it with you and decide together whether a written statement makes sense. Sometimes it does. Often it is enough to point out the gaps so that the prosecutor drops the case for lack of sufficient suspicion.

If access is refused after the conclusion of the investigation has been recorded, the court can be asked to decide under Section 147(5) StPO. This rarely happens, but it is effective when an authority stonewalls.

More on the procedure and typical mistakes: access to the criminal file.

General explanation, not advice on an individual case. As of November 2026.