Although there is no general obligation to consult a lawyer, there are situations in which it is mandatory for the accused to consult a defense lawyer, in particular:
- Throughout the proceedings, as long as the accused is in pre-trial detention
- In the entire procedure for placement in an institution for mentally abnormal lawbreakers
- In the main hearing in the proceedings for placement in an institution for lawbreakers in need of rehabilitation for substance abuse or for dangerous repeat offenders
- In the main hearing before the regional court as a court of jury or lay assessors
- In the main hearing before the single judge, if the threat of punishment exceeds three years
- In appeal proceedings based on a filing of a nullity complaint or an appeal against judgments of the court of lay assessors or the court of jurors
- During the execution of a motion for renewal of criminal proceedings and at the public hearing on such a motion
However, even if there is no obligation to consult a lawyer, experience shows that it is nevertheless advisable to seek advice from a specialized lawyer in these cases as well.
