FAQ

What rights does an accused person have?

As an accused person, the Code of Criminal Procedure grants you extensive rights, of which you should in any case be aware. Particularly important here are:

  • Right to be instructed
    Every accused person shall be informed by the criminal police or the public prosecutor’s office as soon as possible about the investigation being conducted against him, the suspicion of the crime and his essential procedural rights. The information may only be postponed if this is absolutely necessary for investigative reasons. As a rule, the briefing takes place during the first questioning of the accused.
  • Right to inspect files
    The accused has the right to inspect the criminal file. The right to inspect files also includes the right to make copies of documents. As with the right to be instructed, the right to inspect files can also be restricted if there is reason to fear that the investigation could be jeopardized by this. This applies in particular to pending investigative measures, such as house searches or arrests. In the main proceedings, the right to inspect files is no longer subject to any restrictions.
  • The right to ask questions
    The accused has the right to question the interrogated person at all interrogations at which he is allowed to be present. The right to question serves in particular to give the accused the opportunity to raise circumstances that the authorities have not thought of.
  • The right to choose a defense attorney or the right to legal aid
  • The right to testify or not to testify on the charge and to contact and consult with a defense attorney
  • The right to be accompanied by a defense attorney in case of interrogation
  • The right to request evidence
  • The right to appeal against the denial of subjective procedural rights and against the exercise of coercive power
  • The right to file a motion to discontinue the investigation proceedings
  • The right to participate in the main hearing, as well as in an adversarial examination of witnesses and co-defendants and to have the crime reconstructed
  • The right to appeal and seek redress
  • The right to translation assistance

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