Rights of the Accused

Rights of the Accused in German Criminal Proceedings

German criminal law provides comprehensive rights for accused persons at every stage of the proceedings. Understanding these rights is essential for anyone facing criminal charges in Germany – and particularly important for expats who may be unfamiliar with the German legal system. The rights of the accused are guaranteed by the German Constitution (Grundgesetz), the Code of Criminal Procedure (StPO), and the European Convention on Human Rights.

Your Key Rights

The most important rights include the right to remain silent (you are never obliged to make a statement to the police or prosecution), the right to legal representation at every stage of the proceedings, the right to be informed of the charges against you in a language you understand, the right to inspect the prosecution file through your lawyer, the right to be present at your trial and to confront witnesses, and the right to an interpreter if you do not speak sufficient German. You also have the right to be presumed innocent until proven guilty, and the prosecution bears the burden of proof.

How BAFTEH Strafverteidigung Can Help

Knowing your rights and exercising them effectively are two different things. At BAFTEH Strafverteidigung, we ensure that our clients’ rights are protected from the first contact with the authorities. We advise on when to exercise the right to silence, ensure full access to the prosecution file, and monitor the proceedings for any violations of procedural rights that could benefit the defence. For English-speaking clients, we provide guidance in English to ensure full understanding of the process and the options available.

Your rights as a suspect

Right to silence and freedom from self-incrimination

As a suspect you need not comment on the matter and need not incriminate yourself (§ 136 StPO). Silence may not be held against you.

Right to a defence and file access

You may instruct a defence lawyer at any stage of the proceedings (§ 137 StPO). Through them file access is requested (§ 147 StPO) – the basis of any sound defence.

Caution and a fair trial

Before the first interview you must be cautioned about your rights. Breaches of caution and procedural rules can lead to bans on using the evidence, which we assert consistently.

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 defence strategy depends substantially on the case file, the specific allegation and the evidence.