However, it is necessary to have legal representation present which is fluent in German during the trial.In comparison to common law jurisdictions, the judges in Germany play a more hands-on role when it comes to the inquiry section of the trial. A person cannot be tried in Germany without them being present for the case (Bringing the case to court can take a considerable amount of time due to the time needed to build a case and for it to be heard in a court.
We will explain any issues that arise in a language you understand to make sure there are no surprises at any point in proceedings. This more inquisitorial role allows the lawyers to present the details to the court with the judge acting more actively in questioning the suspect. It is worth consulting with legal counsel on this issue as there are deadlines and dates that need to be followed when considering launching an appeal. German Code of Criminal Procedure (Strafprozeßordnung – StPO) Full citation: Code of Criminal Procedure as published on 7 April 1987 (Federal Law Gazette I, p. 1074, 1319), as last amended by Article 3 of the Act of 11 July 2019 (Federal Law Gazette I, p. 1066) table of contents. They will act in a manner that involves questioning the parties in order to find the answers required. It is worth noting that before the interrogation one has the right to avail of legal services. In case an interrogation is required, our team makes sure that you are fully briefed with the required files and documents before any interrogation. The decision will become final when there are no more courts to appeal to and there are no more grounds to appeal – on law only or on law and fact. Book 1 General provisions. Defence counsel cannot launch an appeal without the consent of the accused person. When it comes to the selection of witnesses and experts , it is necessary for the party or their legal representation to present the list of witnesses and experts to the judge in advance. If one is facing arrest an interpreter can also be used to translate the information on the warrant. The defendant will be asked to make a final statement after their counsel has provided their closing statement (In the event of either side not being happy with the judgment by the court, it may be possible for a case to be appealed. If there are any doubts about the legality of the criminal procedure followed your legal counsel should be able to alert you to these issues and provide you with theappropriate legal course of action.The trial will involve the examination of evidence, testimony from experts and witnesses as well as cross-examinations of the different parties. The number of judges will be based on the level of court in question with a lower numbers of judges in the local court of first instance (Amtsgerichte -local/district court) compared to the higher courts (Oberlandesgericht and even Bundesverfassungsgericht – high court/constitutional court).
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We highly advise our clients therefore in most of the cases to refuse the invitation to an interrogation. Becoming familiar with the procedure involved in a Contact a lawyer for German Criminal Law and Criminal ProcedureThe procedure involved in criminal law cases in Germany is regulated by the Contact our Practice Group for German Criminal and Criminal Procedural LawContact a lawyer for German Criminal Law and Criminal ProcedurePlease use the form on the right to inform us about your concerns in the field of criminal and criminal procedural law. Information from the case file will also be accessible to the suspect’s legal representation during the course of the proceedings. It is advisable to consult with legal counsel when it comes to contesting a judgment as both forms of appeals can be dismissed if they do not have the required legal basis. We aim to ensure that where possible cases can be resolved outside of the courtroom but will be beside you if this is not possible. During the investigation period the public prosecution office is regulated by The investigation itself may involve more forceful means of gathering information such as searching of homes/properties, physical examinations, monitoring of communication and the usage of technology to gather information among other means. Our multidisciplinary legal team will walk you through the procedural requirements and will provide you with the counsel you need. Our team of multilingual lawyers are available to help in a range of languages including English, French, Spanish, Portuguese, Chinese and Turkish. Once the appeal process has been fully exhausted the penalty brought forward can be enacted (if the case has ruled against the defendant).
(The German Criminal Code will be referred to as StPO throughout this text.) A case will conclude with closing statements from both the public prosecutor and the defence.
There are cases where the victim can be excused from standing as witness such as those where they are married or are closely-related.Issues in regards to the criminal procedure concerning the venue/ jurisdiction of the court, witnesses and the verifiability of experts and generally how the trial should be carried out are all regulated for by the StPO. The charges against the suspect will be presented to them in the arrest warrant. German Code of Criminal Procedure (Strafprozeßordnung – StPO) Full text in format: HTML PDF Auf der Grundlage der Übersetzung von Brian Duffett und Monika Ebinger, aktualisiert durch Kathleen Müller-Rostin und Iyamide Mahdi. At this point the decision made is the final decision in the case.If you find yourself in a situation where you need advice and assistance in understanding how German criminal procedure law works make sure to contact Schlun & Elseven Rechtsanwälte. Describe the subject of your request in as few words as possible.You will receive a confirmation email after submitting the form.
It is the decision of the court to advance with the proceedings and this can only be done so where the court believes there are “sufficient grounds” for the case to be heard (If a defendant is called to trial it is usually a mandatory requirement to attend.