Criminal Defence and Victim Representation

I have received a letter from the police and am summoned for questioning. What should I do?

As a general rule, you must comply with the summons and appear before the police. Whether you are summoned as a witness or as a suspect affects your legal position. Witnesses must provide complete and truthful statements (unless they have the right to refuse), whereas suspects have the right to remain silent. As a suspect, it is advisable to consult a lawyer to prepare for the interrogation and ensure your rights are protected during the questioning.

What rights does a suspect have in criminal proceedings?

The Code of Criminal Procedure grants suspects extensive procedural rights, including:

Right to:

• Be informed early about the allegations and key rights.
• Access the case file, including reviewing documents and making copies.
• Ask questions to witnesses or experts during questioning.
• Defense, either by choosing a private defense attorney or requesting a court-appointed lawyer.
• Remain silent and choose whether or not to respond to allegations.
• Request evidence to clarify important facts.
• Appeal decisions and challenge coercive measures.
• Translation assistance if the language is not sufficiently understood, ensuring access to an interpreter.

How does a suspect interrogation proceed?

Before the questioning begins, it is determined whether translation assistance is needed. You are then informed about the allegations against you and your essential rights (the right to remain silent, the right to an attorney). Afterward, you will be asked for personal details (name, address, occupation, etc.). The next step involves addressing the allegations: You will have the opportunity to respond and must answer the investigator’s questions. Prohibited methods such as threats or deception are strictly forbidden. Leading questions should be avoided, and if asked, they must be recorded in the protocol.

What rights and obligations do I have as a witness?

Witnesses are obligated to appear for questioning and provide truthful statements. Giving false testimony is a criminal offense. At the beginning of the questioning, witnesses are informed about their obligation to testify and the option to bring a trusted person. In certain cases (e.g., if testifying would incriminate oneself or a relative), witnesses have the right to refuse to testify. Additionally, some professionals (such as lawyers) may be exempt from testifying. If you were not properly informed of your right to refuse, the affected part of your testimony will be invalid.

What can I do if I am a victim in a criminal case?

As a victim, you have a broad range of rights. You may join the case as a private party to claim damages, review case files, ask questions, and, if the case is dismissed, request its continuation. In many situations, consulting a lawyer or a victim protection organization is advisable. Particularly vulnerable victims (e.g., minors or victims of sexual offenses) have additional rights, such as the option for protected questioning or the right to exclude the public from the main trial.

I have been offered a diversion. What does that mean?

A diversion means that under certain conditions, the public prosecutor’s office refrains from filing formal charges, so you do not receive a criminal record. A key requirement is that the facts of the case are sufficiently clear, the penalty does not exceed five years, and there is no particularly severe guilt. Possible diversion measures include paying a fine, performing community service, or undergoing a probationary period. If the conditions are met, you avoid a conviction.

When is the police allowed to search my home, and how should I respond?

Home searches generally require judicial approval and a prosecutorial order. They are only permissible if there is reasonable suspicion that a suspect or crucial evidence is present. Mere assumptions are not sufficient. You have the right to be present during the search and to call a trusted person. In urgent cases, searches may be conducted without prior authorization. After the search, you will receive a confirmation document with key details.

How can I contest an arrest?

There is usually little one can do immediately against an arrest. However, you have the right to file legal remedies or a complaint (e.g., an objection due to legal violations) if you believe the arrest was unlawful or excessive force was used. If the arrest was court-approved, you may file a complaint within 14 days, or in some cases, challenge the measure before the regional administrative court. However, filing a complaint does not automatically cancel the arrest order.

What options do I have after a criminal conviction?

After the verdict is announced, you can:

• Irrevocably waive legal remedies
• Declare your intention to appeal
• Not make a statement immediately (you have three days to decide)

Depending on the court and the decision being contested, different legal remedies are available, such as an appeal or a nullity complaint. These can challenge the guilty verdict, the sentence, or even civil law aspects of the ruling. Once you file an appeal, you have four weeks to submit a detailed justification. During this period, you will receive the written verdict and trial protocol.

Can I postpone the start of my prison sentence?

Under certain circumstances, a postponement of imprisonment is possible, such as for health reasons, pregnancy, or urgent personal matters. You may apply to delay your prison term so you can, for instance, settle family affairs. The court will decide whether to grant the postponement after considering all circumstances.

More information can be found here > Questions about criminal law