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Criminal Law

Course of criminal proceedings

What is the purpose of criminal proceedings and what are the stages of proceedings?

What happens in the investigation stage?

What happens in the main proceedings?

What is the purpose of the appeal proceedings?

When does the prosecutor file charges and how can I defend myself?

Who is responsible for and who conducts the investigation stage?

Who is responsible for the main proceedings?

Who is responsible for the appeal proceedings?

Who is a party to criminal proceedings?

What is the difference between lay assessors and a jury?

What is the composition of the lay courts?

How does one become a lay judge? Is one obliged to do so?

What are the rights and duties of lay judges?

Frequently Asked Questions in Connection with a Criminal Proceeding

I have received a letter from the police and am supposed to come in for questioning. What should I do? Is there a difference whether I have received a summons as a witness or as an accused?

What rights does an accused person have?

What is the procedure for questioning an accused person?

I have been summoned as a witness. Do I have to appear?

What are my rights and obligations as a witness?

I have been the victim of a crime. What can I do? What rights do I have?

I have been a victim of domestic violence. What can I do or what rights do I have?

I am offered a diversion. What does that mean?

I have been convicted of a criminal offense. What options do I have?

Do I have to be represented by a lawyer in criminal proceedings?

What happens if I appear without defense counsel despite being required to have a lawyer?

The criminal proceedings are uncomfortable for me. Can I prevent spectators from being present?

When may the police search my apartment or house?

How do I behave during a house search and what rights and obligations do I have?

When may the police seize objects?

How do I recover the items that were seized?

Are the police allowed to establish my identity (according to the StPO)?

When can the police search my belongings?

When can the police arrest me? What is the procedure for an arrest?

What rights does an arrested person have?

When does the arrest end?

How can I defend myself against an arrest?

How long may I be detained?

What should I do if I am arrested?

When is pre-trial detention permissible?

How long does the court have to decide whether to impose pre-trial detention?

What is the maximum length of pre-trial detention?

When does pretrial detention end?

How can I defend myself against pre-trial detention?

What is house arrest and how do I get it?

Which convictions are entered in the criminal record and when do they expire? Is every conviction visible in the criminal record?

Am I entitled to damages for improper detention, and if so, how should they be claimed?

Can a sentence that has already been imposed be reduced retroactively?

What is a conditional suspended sentence and under what conditions is it possible?

What is conditional release and when is it possible?

What costs do I have to bear in the event of a conviction?

What costs do I have to bear if I am acquitted? Is there any compensation for costs?

Is there a principal witness rule in criminal law?

How are fines calculated?

I cannot pay the fine imposed. What can I do?

I have been sentenced to an unconditional prison term. When do I have to serve the prison sentence?

Can I postpone the start of imprisonment?

Administrative Law

Fundamentals of Administrative Procedure

What is meant by the terms “administration”, “administrative law”, “administrative procedure law” and “authority”?

What is the difference between a regulation, a decision, and an instruction?

Which laws are particularly important in the context of administrative proceedings, and what is the subject matter of these laws?

General Administrative Procedure

What important principles govern administrative procedures?

Which authorities are competent in administrative proceedings?

Can the parties agree on a jurisdiction deviating from the one provided for by law?

What happens when multiple authorities can claim jurisdiction?

Can authorities or their officials be biased, and if so, what happens?

What happens if an incompetent authority decides?

Who can be a party in administrative proceedings?

What rights does one have as a party?

What can you do if party status was wrongfully denied?

Is it mandatory to be represented by a lawyer in administrative proceedings?

In what form must submissions to the authorities be made?

When can submissions be made?

What happens if the submission has deficiencies?

How long can submissions be withdrawn?

What does the right to access files include?

Are there documents exempt from access to files?

What can I do if access to files is refused?

When can the authority summon individuals?

What types of summons are there?

What happens if you do not comply with the summons?

What procedural stages are there in the first-instance administrative proceedings?

When and how is an administrative procedure initiated?

What happens in the investigative procedure?

Is an investigative procedure always required?

Is the conduct of an oral hearing in the investigative procedure mandatory?

What happens in the oral hearing?

When was a party “properly” summoned?

When can a witness refuse to testify?

What is a major procedure and when is it conducted?

How does the first-instance procedure end?

What can be done against the first-instance decision?

How can the appellate authority decide?

Can a procedure that has already been concluded with legal effect be repeated?

How are the costs of the proceedings calculated and who bears them?

Administrative Criminal Procedure

What is administrative offense law?

How do you know when an offense falls under the jurisdiction of a court or administrative authority?

What are the differences between administrative offense law and judicial criminal law?

What constitutes an administrative offense?

Can companies be punished under the VStG?

What penalties can be imposed under administrative offense law?

How is the penalty determined?

If an administrative offense is also criminally punishable, can punishment be imposed under both legal bases?

Who is responsible for the administrative offense procedure?

Who are the parties in the administrative offense procedure?

How is the administrative offense procedure structured?

How can the administrative offense procedure be initiated?

Are there differences in the investigation procedure in the administrative offense procedure compared to the AVG?

How does the administrative offense procedure end?

What is an abbreviated procedure?

When can one be detained under the VStG?

When can the police ascertain my identity?

What can be done against a penalty decision and penalty order?

How are the costs of the procedure calculated and who has to bear them?

Administrative Court Procedure

How many administrative courts are there?

What matters do the administrative courts decide on?

When is the Federal Administrative Court competent, and when is a State Administrative Court?

In what composition do the administrative courts decide?

What is a decision complaint, and when can it be raised?

What is a measure complaint, and when can it be raised?

What is a default complaint, and when can it be raised?

What appeals can be made against decisions of the administrative courts?

When can an appeal be lodged?

When can a complaint be submitted to the Constitutional Court?

Administrative Enforcement Procedure

What is the purpose and subject matter of the enforcement procedure?

Who is responsible for enforcement?

Can the enforcement order be contested?

What enforcement measures are available?

Tort Law

Overview

What is the regulatory objective of the law on damages?

When can you claim damages?

What is meant by damage?

When is damage considered to have been caused?

What happens if more than one person causes damage?

When is the conduct unlawful?

When is fault present?

By whom must fault be proven?

In what form is compensation to be paid?

What is replaced or how is the damage calculated?

Are damages for grief and shock compensated?

Who must pay the damages?

When does my claim for damages become time-barred?

How is compensation for damages regulated when public bodies cause the damage?

Inheritance Law

Overview

What does inheritance law regulate and what is its purpose?

What is the estate and what does it include?

What happens to the rental property of a deceased person?

What is the digital estate?

Who can be heir?

What are the grounds for claiming a right of inheritance?

What is succession?

When is death present?

When is one eligible to inherit and what are the grounds for exclusion?

Does the right of inheritance pass to someone else in the event of unworthiness to inherit?

Is there a possibility of removing the incapacity to inherit through forgiveness?

Can the right of inheritance itself be inherited?

Can the inheritance be waived?

What should I pay special attention to when concluding a waiver?

Can the right of succession also be waived in favor of third parties?

How can a waiver be reversed?

Can you sell your inheritance right?

Can the right of inheritance be barred by the statute of limitations?

What is the statutory law of succession?

Who is entitled to inherit according to the statutory law of succession?

What happens in an adoption?

What do spouses and registered partners inherit according to the statutory law of succession?

Does the cohabitant have a legal right of inheritance?

What happens if there are no heirs?

What is a will and when does it make sense to have one?

Under what conditions can a will be made?

What types of wills are there and what aspects should be considered when drawing them up?

Which persons are not allowed to be witnesses in the case of a will written by another person or an emergency will?

Can I specify certain conditions in the will that must be met by the beneficiary?

What happens if the required formal requirements for the will have not been met?

What should be paid special attention to when writing the will?

Can a will be revoked?

What is a contract of inheritance?

Are the heirs also liable for the debts of the decedent?

What is meant by a legacy?

What is a long-term care legacy?

Who counts as a related person for a long-term care legacy?

What is the amount of the long-term care legacy?

What is the compulsory portion?

Who is entitled to a compulsory portion?

How much is the compulsory portion?

Is disinheritance possible and if so, under what conditions?

Is it possible to reduce the compulsory portion?

Guardianship

Overview

What does adult protection law regulate and what is its objective?

How does the 4-pillar model work?

What are the main tasks of advance power of attorneys and adult representatives?

What other obligations are there?

Is there an entitlement to reimbursement of expenses for the activity?

What is an adult representative order?

What is an advance power of attorney and what does it regulate?

How can an advance power of attorney be established?

When does the advance power of attorney end?

What is an elected adult representative?

Who can be an elected adult representative?

How is the elected adult representation established?

When does the elected adult representation end?

What is a legal adult representative?

How is legal adult representation established?

Who can be a legal adult representative?

When does legal adult representation end?

When does it come to judicial adult representation?

Who can be a judicial adult representative?

When does the judicial adult representation end?

Which persons may generally not be appointed as representatives?

Can a person be represented by both a judicial and a legal adult representative?