Criminal Defense: Inspection of Files (Akteneinsicht)

Access to files must generally be requested from the public prosecutor’s office or the competent court. Contrary to popular belief, access to files in Germany cannot be requested from the police. The application is usually made by your defence lawyer. It is a matter of course for our lawyers to apply for access to the files at the public prosecutor’s office or the court quickly and routinely. How long it takes for the files to be transmitted is not regulated by law and therefore cannot be determined in general terms. However, experience shows that the investigation file is usually sent within 4 weeks. As soon as we receive the files, the file and possible evidence are analysed in detail. This is followed by strategic advice and planning of the defence, which our lawyers will carry out together with you.

An investigation file in Germany is created to investigate a suspected criminal offence. An indictment is filed on the basis of the file. The file contains all the evidence and information collected during the investigation. This may include police reports, witness statements, expert reports, and transcripts. The investigation file also contains copies of any previous convictions of the accused.

Early access to files is advantageous and important for the accused in several respects. First and foremost, it avoids surprises. Knowing all the available evidence significantly reduces the risk of being surprised by unforeseen developments in the proceedings.

In addition, it gives us more time to examine the evidence thoroughly with regard to its validity and to uncover contradictions in the investigations. Our lawyers are very familiar with examining the legality of the collection of evidence. We check whether evidence has been collected in breach of mandatory regulations. This may be the case, for example, if the rights of the accused were disregarded, unauthorised interrogation methods were used, or searches were carried out incorrectly. We also thoroughly scrutinise any witness statements and expert opinions for possible contradictions.

Access to files is essential for the preparation of your criminal defence. With our legal advice, you not only gain access to the information contained in the investigation file, but also receive skilled legal support throughout the entire proceedings to ensure that your rights are always protected.

As criminal defence lawyers, we have regular access to all the information contained in the investigation file and can therefore support you in the proceedings from the very beginning. Please note that any contact you establish with the public prosecutor’s office or a court yourself holds the risk that you may incriminate yourself by making ill-considered statements. If you still have questions about accessing files or need support, please do not hesitate to contact us using our secure contact form. As your criminal defence lawyers, we will stand firmly by your side and work tirelessly to strengthen your legal position and achieve the best possible outcome for you.