Court-Appointed Defence Counsel (Court-Appointed Lawyer) – Rights, Procedure and What to Expect

Court-Appointed Defence Counsel (Court-Appointed Lawyer) – Rights, Procedure and What to Expect

The German criminal justice system guarantees the right to legal representation in serious cases through the institution of mandatory defence counsel (Court-Appointed Lawyer). For expats and foreign nationals facing criminal charges in Germany, understanding how this system works – including the right to choose one’s own court-appointed lawyer, the costs involved and the quality of representation to expect – is essential for navigating criminal proceedings effectively. This guide explains the key aspects of the Court-Appointed Lawyer system.

What Is a Court-Appointed Lawyer?

A Court-Appointed Lawyer is a defence lawyer appointed by the court to represent an accused person in cases where legal representation is mandatory under the Code of Criminal Procedure (Strafprozessordnung – StPO). The appointment ensures that every accused person has effective legal representation in serious criminal proceedings, regardless of their financial situation. The Court-Appointed Lawyer is not a public defender in the sense familiar from the American legal system – rather, the court appoints a fully qualified and licensed criminal defence lawyer from the local bar.

Distinction from a Privately Retained Lawyer (Wahlverteidiger)

German law distinguishes between two types of defence representation:

Wahlverteidiger (privately retained defence counsel): A lawyer chosen and paid for directly by the accused. The accused is free to retain any admitted lawyer of their choice at any time.

Court-Appointed Lawyer (court-appointed defence counsel): A lawyer appointed by the court in cases where mandatory defence applies and the accused has not retained a private lawyer. The Court-Appointed Lawyer receives fees from the state treasury.

In terms of professional obligations, duties and rights of access to the case file, there is no difference between the two. A Court-Appointed Lawyer has the same duty to provide diligent and effective defence as a Wahlverteidiger.

When Is a Court-Appointed Lawyer Appointed? (§ 140 StPO)

The court must appoint a Court-Appointed Lawyer in the following situations, as set out in § 140 StPO:

Mandatory Cases

Felonies (Verbrechen): Where the accused faces a charge classified as a felony – that is, an offence carrying a minimum sentence of one year’s imprisonment – mandatory defence applies. This includes offences such as robbery, sexual assault, drug trafficking in non-minor quantities and aggravated fraud.

Pre-trial detention (Pre-Trial Detention): Where the accused is held in pre-trial detention or subject to provisional placement, a Court-Appointed Lawyer must be appointed promptly.

Proceedings before a higher court: Where the main hearing (Hauptverhandlung) takes place before a Regional Court (Landgericht) or higher court, mandatory defence applies regardless of the specific charge.

Previous defence counsel excluded: Where the accused’s prior lawyer has been excluded from the proceedings.

Discretionary Appointment

The court may also appoint a Court-Appointed Lawyer where the complexity of the factual or legal issues makes legal representation necessary, where the accused is unable to defend themselves effectively (for example, due to language barriers, mental health issues or inexperience with the legal system), or where the potential consequences of a conviction are particularly severe.

For expats with limited German language skills, the complexity of navigating criminal proceedings in a foreign legal system is often a sufficient ground for requesting the appointment of a Court-Appointed Lawyer, even in cases that do not automatically trigger mandatory defence.

The Right to Choose Your Own Court-Appointed Lawyer

A common misconception is that the court simply assigns a random lawyer. Under § 142 StPO, the accused has the right to nominate a specific lawyer for appointment as Court-Appointed Lawyer. If the nominated lawyer is willing to accept the appointment and there are no compelling reasons to reject the nomination, the court must appoint the chosen lawyer. This right is of considerable practical importance – it allows the accused to select a lawyer they trust, who has relevant experience and, where necessary, who speaks their language.

If the accused does not nominate a lawyer, the court will select one, typically from a list of locally available criminal defence lawyers. While these lawyers are qualified, the accused loses the ability to choose a representative who suits their specific needs.

Costs and Fees

The Court-Appointed Lawyer‘s fees are initially paid by the state treasury (Staatskasse). However, this does not mean that the representation is free of charge in all circumstances:

Conviction: If the accused is convicted, the costs of the proceedings – including the Court-Appointed Lawyer‘s fees – are generally imposed on the convicted person under § 465 StPO. The court may allow payment in instalments.

Acquittal or discontinuation: If the accused is acquitted or the proceedings are discontinued, the state bears the costs, including the fees of the Court-Appointed Lawyer.

Fee levels: The fees paid to a Court-Appointed Lawyer by the state are set by the Lawyers’ Remuneration Act (Rechtsanwaltsvergütungsgesetz – RVG) and are lower than the fees that a Wahlverteidiger may charge by private agreement. This difference in remuneration is sometimes cited as a concern regarding the intensity of representation, though the professional duties remain the same.

Quality of Representation

A Court-Appointed Lawyer is bound by the same professional and ethical obligations as any other defence lawyer. This includes the duty to act exclusively in the interest of the accused, to review the case file thoroughly, to advise the accused on strategy and to provide effective representation at trial. The quality of representation depends on the individual lawyer rather than on the mode of appointment.

That said, the reduced fee structure means that some court-appointed lawyers may allocate less time to a case than a privately retained lawyer would. Choosing an experienced criminal defence specialist as Court-Appointed Lawyer – rather than accepting a court-assigned appointment – can help ensure that representation meets the highest standards.

When and How to Request Appointment

The request for appointment of a Court-Appointed Lawyer can be made at any stage of the proceedings, though early appointment is strongly recommended. In cases involving pre-trial detention, the appointment should be requested immediately. The request is typically made by the accused or by a lawyer on the accused’s behalf, directed to the court with jurisdiction over the case.

It is advisable to contact a criminal defence lawyer before the court makes an appointment on its own initiative. The lawyer can then be nominated for appointment, ensuring that the accused has a representative of their choice from the outset.

How We Can Help

Rechtsanwalt Bafteh is available for appointment as Court-Appointed Lawyer and regularly represents accused persons in this capacity. Where the conditions for mandatory defence are met, BAFTEH Strafverteidigung can assist with the nomination process to ensure appointment as court-appointed defence counsel. For accused persons who do not qualify for a Court-Appointed Lawyer but require legal representation, private retention is also available. An initial consultation can clarify whether the conditions for court-appointed defence are met and which course of action best serves the accused’s interests. Expats and foreign nationals facing criminal charges are particularly encouraged to seek legal advice early, as the German procedural system contains many formal requirements and deadlines that can significantly affect the outcome of a case.

Written by attorney Philip Bafteh, criminal defense lawyer in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.

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Last updated: Mai 2026