If you are facing criminal proceedings in Germany, you do not need to be physically present in the country to start building an effective defense, and you do not need fluent German to understand what is happening to you. One of the first and most important steps your defense lawyer will take is requesting access to the investigation file, known in German as Akteneinsicht. Under Section 147 of the Code of Criminal Procedure (StPO), this gives your lawyer the right to review all evidence and information gathered against you. Without it, preparing an effective defense is simply not possible.
Whether you are a foreign national living in Germany, an EU citizen exercising your right of free movement, or based abroad and facing German proceedings for the first time, our criminal defense lawyers at Schlun & Elseven Rechtsanwälte are experienced in handling legally complex cases with an international or cross-border dimension. As soon as you instruct us, we apply for file access on your behalf and begin building your defense without delay. Contact us today to discuss your situation in a confidential consultation.
How Is File Access in Germany Organized?
Access to files must be requested from the public prosecutor’s office or the competent court. Contrary to common assumption, file access in Germany cannot be requested from the police. The application is typically made by your defense lawyer. Our lawyers handle these applications as a matter of routine. How long it takes for the files to be transmitted is not regulated by law and cannot be stated as a general rule. Once we receive the files, the documents and any evidence are analyzed thoroughly. This is followed by strategic advice and defense planning, which our lawyers carry out together with you.
Can You Instruct a German Criminal Defense Lawyer From Abroad?
You do not need to travel to Germany to instruct a defense lawyer or to have the investigation file requested on your behalf. Once you sign a power of attorney, our lawyers can request file access, review the evidence, and begin preparing your defense strategy while you remain wherever you are currently based.
Instruction can typically be handled remotely. Documents can be signed and returned electronically or by courier, and initial consultations can take place by video call or phone. Where a power of attorney or other document needs to be legalized or apostilled for use in Germany, or where a certified translation is required, we advise you on the correct process for your location.
Personal appearance in Germany generally becomes necessary once a case reaches the main criminal trial. Under Section 230 of the Code of Criminal Procedure (StPO), the trial cannot proceed without the accused present, and Section 231 StPO allows the court to compel attendance, including by arrest warrant, if the accused fails to appear without sufficient excuse. Whether and when your case reaches this stage, and what it actually requires of you, depends on how the proceedings develop, so we advise you individually rather than assume this applies from the outset.
If you are concerned about an existing or potential European Arrest Warrant or extradition request, this is a distinct legal process from file access and requires separate, immediate advice from our extradition team.
What If You Do Not Speak German Fluently?
Facing a criminal investigation is stressful enough without a language barrier. Under Section 187 of the Courts Constitution Act (GVG), an accused person who is not proficient in German has the right to a free interpreter or translator throughout the entire criminal proceeding, not only during a trial hearing. This includes meetings with your defense lawyer and any contact with the police or the public prosecutor’s office.
Certain documents must generally be translated into a language you understand in writing, including detention orders, indictments, penal orders, and any judgment that is not yet final. A partial written translation is sufficient where it still allows you to exercise your defense rights fully, and an oral translation or summary can substitute for a written one where your rights remain protected, which is generally assumed once you have a defense lawyer. You can only waive your right to a written translation after being clearly informed of that right and the consequences of waiving it, and this waiver must be documented.
In practice, this means you are entitled to understand what is happening at every stage of your case. Our lawyers work directly with court-appointed or independent interpreters to make sure nothing is lost along the way.
What Does an Investigation File in Germany Contain?
An investigation file is created to investigate a suspected criminal offense. On the basis of this file, the public prosecutor’s office decides whether to bring charges. The file contains all evidence and information gathered during the investigation. This may include police reports, witness statements, expert reports and records of questioning. The investigation file also contains an extract from the Federal Central Register, which lists any previous convictions of the accused.
Importance of Early Access to Files
Early access to files is advantageous for the accused in several respects. Most importantly, it avoids surprises. Knowing all available evidence significantly reduces the risk of being caught off guard by unforeseen developments during proceedings.
It also gives our lawyers more time to examine the evidence thoroughly and identify any weaknesses or contradictions in the investigation. Several of our criminal defense lawyers, including Philipp Busse, previously worked within the public prosecutor’s office in Cologne, giving our team direct insight into how investigation files are compiled and what to look for when reviewing one. Our criminal defense lawyers are well-versed in assessing the lawfulness of how evidence was gathered. We examine whether evidence was collected in breach of mandatory legal provisions, for example where the rights of the accused were disregarded, unauthorized interrogation methods were used, or searches were conducted unlawfully. Witness statements and expert opinions are scrutinized carefully for any inconsistencies.
Schlun & Elseven: Inspection of Files by Experienced German Criminal Defense Lawyers
Access to files is essential for preparing your criminal defense. With our legal support, you not only gain access to the information contained in the investigation file, you receive skilled legal assistance throughout the entire proceedings to ensure your rights are protected at every stage.
As criminal defense lawyers, we have regular access to all information contained in the investigation file and can support you from the outset, wherever you are based and whatever language you are most comfortable working in. Every consultation is strictly confidential, and our fees are transparent and clearly outlined from the start, so you know what to expect before you instruct us. Please note that any direct contact you make with the public prosecutor’s office or a court carries the risk of self-incrimination through unguarded statements. If you have questions about file access or need immediate support, contact us via our secure contact form. We stand firmly by your side and work to strengthen your legal position and achieve the best possible outcome.
Frequently Asked Questions about File Inspection in German Criminal Proceedings
Akteneinsicht under Section 147 StPO is the right of the accused and their defense lawyer to review the German investigation file. The file contains all evidence and information regarding the alleged criminal offense and serves as the foundation for an effective criminal defense in Germany.
Under Section 147(1) to (4) StPO, file access can be requested either by the defense lawyer or by the accused in person. A defense lawyer’s right to access the file is broader and more difficult to restrict, so in practice the request is almost always made through legal counsel. For this reason, requesting, reviewing, and analyzing the investigation file should always be handled by an experienced German criminal defense lawyer.
From the German public prosecutor’s office or the court handling your criminal case. You cannot request it from the police.
All evidence and information collected during the German criminal investigation: police reports, witness statements, expert reports, interrogation transcripts, and extracts from the Federal Central Register showing any previous criminal convictions in Germany.
Early access gives your German defense lawyer a crucial time advantage and prevents surprises in criminal proceedings. The sooner your lawyer sees what the investigation has gathered, the faster they can identify weaknesses in the prosecution’s case and respond. This allows our criminal defense team to develop a tailored defense strategy for your case at an early stage.
This is not advisable. Any direct contact you make with the public prosecutor’s office or the court carries the risk of self-incrimination through unguarded statements. Communication should always go through your defense lawyer.
We check the legality of the evidence collection under German criminal law, examine witness statements and expert opinions for inconsistencies, verify that your rights under German law were respected, and confirm that proper interrogation methods and search procedures were followed.
Yes. We handle instruction, file access requests, and defense strategy remotely, by power of attorney, secure document exchange, and video consultation, so you can engage us without traveling to Germany. We only advise you to appear in person once your case reaches a stage that actually requires it, most commonly the main trial under Sections 230 and 231 StPO, and we tell you well in advance if that becomes necessary.
Yes. Under Section 187 of the Courts Constitution Act (GVG), you are entitled to a free interpreter for the entire proceeding, not only in court, and to written translation of key documents such as detention orders and indictments. We work directly with qualified interpreters throughout your case so that the language barrier never stands between you and your defense.
As soon as German criminal proceedings have been opened, or if you fear or have experienced police action such as arrest, questioning, or a search in Germany. The earlier file access happens, the better your criminal defense can be prepared.
Practice Group: Our German Criminal Defense Lawyers
Practice Group:
Our German Criminal Defense Lawyers
Contact Schlun & Elseven Rechtsanwälte
Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.
