Criminal Defense Lawyer in Germany

For those who did not grow up with the German legal system, an encounter with criminal proceedings can be disorienting in ways that go beyond the obvious stress of the situation. The procedures, the terminology, the roles of the various authorities involved – all of it may be unfamiliar, and the decisions that need to be made quickly are often the ones that matter most. Understanding how the system works is the first step toward navigating it effectively.

German criminal proceedings typically begin not with a charge or an arrest, but with an investigation. Once a suspicion arises, whether reported by a third party, flagged by the authorities, or triggered by a routine check, the public prosecutor’s office opens a preliminary investigation. This phase can last weeks, months, or in complex cases considerably longer, and it may proceed without the suspect being aware of it. A police summons, a house search, or the seizure of documents or devices are often the first visible signs that an investigation is underway. At this stage, the investigation has not yet resulted in any formal charge – but it is precisely at this stage that legal representation is most valuable, because the decisions made here frequently shape everything that follows.

The public prosecutor’s office in Germany plays a significantly more active role in criminal proceedings than many international clients expect. Rather than simply presenting a case in court, the prosecutor leads the investigation – directing the police, deciding whether to pursue charges, and ultimately determining whether a case goes to trial. Crucially, German criminal procedure allows for the discontinuation of proceedings before any charge is brought, where the evidence does not support prosecution or where other conditions are met. Achieving discontinuation at the investigation stage is often the best possible outcome – it avoids a trial and protects the accused’s reputation. An experienced criminal defense lawyer can actively work toward this outcome from the earliest stage of proceedings.

For those unfamiliar with the German system, it is also worth understanding what a criminal record entry means in practice. A conviction in Germany results in an entry in the Bundeszentralregister – the central federal register. Depending on the severity of the offense and the sentence imposed, this entry may affect employment, professional licensing, and, in the case of foreign nationals, residence status. Understanding these consequences is an important part of instructing your lawyer on what outcome matters most to you.

If you are not a German speaker, you have a guaranteed legal right to an interpreter throughout criminal proceedings. Under Section 187 of the Courts Constitution Act (GVG), interpretation must be provided at no cost in police interviews, court hearings, and any other procedural step where your understanding of the proceedings is essential. Key documents – including charges, court decisions, and any other materials that are essential to your defense – must also be translated. You are entitled to communicate fully with your lawyer in a language you understand, and you should never feel pressured to proceed without adequate interpretation in place. At Schlun & Elseven Rechtsanwälte, we advise international clients in English from the very first contact.

German juvenile criminal law operates on fundamentally different principles from those of adult criminal proceedings – and from the approach many international clients will be familiar with in their home countries. Where adult criminal law focuses on prosecution and punishment, German juvenile criminal law (Jugendstrafrecht) centers on education, rehabilitation, and reintegration. The aim is to give young people who have committed offenses the opportunity to learn from their mistakes and reintegrate into society, rather than to impose punitive sanctions.

Juvenile criminal law in Germany generally applies to young people between the ages of 14 and 17, though even within this range, the court assesses whether the young person had sufficient maturity to understand the wrongfulness of their conduct. For young adults between 18 and 20, courts decide on a case-by-case basis whether juvenile or adult criminal law applies, depending on the accused’s level of maturity and the nature of the offense. A key feature of German juvenile proceedings is the mandatory involvement of legal guardians at every stage, as well as the participation of the Youth Court Assistance Service (Jugendgerichtshilfe), which prepares reports on the young person’s personal and social circumstances and recommends appropriate measures to the court. Juvenile hearings are not public, providing an additional layer of protection for the young person involved.

If your child or a young person in your care is facing criminal proceedings in Germany, early legal advice from a specialist lawyer is essential. Our youth criminal defense lawyers advise and represent minors and young adults across the full range of juvenile criminal matters, from the first police contact through to court proceedings and appeals.

There is no fixed timeline for a criminal investigation in Germany. Simple cases may be resolved within weeks; complex matters — particularly those involving financial crime, multiple suspects, or cross-border elements — can run for months or years. Critically, the investigation may be well advanced before the suspect is formally notified that proceedings are underway. A police summons, or house search, can therefore arrive without warning, even where an investigation has been running for some time. Early legal intervention — ideally before any contact with the authorities — gives your lawyer the best opportunity to influence the direction and outcome of proceedings from the outset.

If you have received a police summons, had your premises searched, or been contacted by the authorities in any capacity, the most important step is to contact a criminal defense lawyer before responding or making any statement. Do not attempt to explain your situation to the police or prosecutors without legal representation — even a well-intentioned response can be used against you at a later stage. Exercise your right to silence and wait for legal advice. The earlier your lawyer is involved, the better placed they are to protect your position.

If you are under investigation or have been accused of a criminal offense in Germany, knowing your rights — and exercising them — can be decisive. German criminal procedure law provides suspects with robust protections.

• Right to remain silent. You are never obligated to make statements against yourself, not during police interviews, and not before a court. This right applies from the very first questioning through to a final judgment. Our criminal defense lawyers advise you on when silence is the right strategy and when a targeted statement can work in your favor.
• Right to legal representation. You have the right to instruct a criminal defense lawyer at any point in proceedings. In serious cases, the conditions for mandatory defense under Section 140 of the Code of Criminal Procedure (StPO) may be met, meaning you are entitled to a court-appointed lawyer. We strongly recommend engaging your own defense lawyer as early as possible.
• Right to inspect the case file. Once the investigation is complete, you have the right to review the prosecution’s case file, allowing you to identify weaknesses in the prosecution’s position and develop a well-founded defense.
• Right to a fair trial. The right to a lawful and fair trial is constitutionally guaranteed in Germany, including strict compliance with procedural rules by investigative authorities and courts.
• Right to appeal. Where a first-instance judgment has been handed down, you have the right to challenge it, via appeal on the facts (Berufung) or on points of law (Revision).

Below is a full overview of our criminal law subpages, organized by practice area. Select the topic most relevant to your situation for detailed information and specific legal guidance.

One of the most important distinctions in German law – and one that is not always obvious to those unfamiliar with the system – is the difference between a criminal offense (Straftat) and an administrative offense (Ordnungswidrigkeit). The two categories are handled by entirely different authorities, follow different procedures, and carry significantly different consequences.

Criminal proceedings move quickly, and the decisions made in the first hours and days of a case frequently determine its outcome. What you need at that moment is a team that understands not just the law but how German investigative authorities think and operate – and that can act immediately, without needing time to get up to speed.

Our criminal defense team includes lawyers with prior prosecutorial experience at the Cologne Public Prosecutor’s Office, giving us a direct understanding of how cases are built from the other side, which evidence carries weight, and where the vulnerabilities in a prosecution’s position are most likely to lie. The team also includes a specialist in forensic psychology and criminology, bringing analytical depth to questions of criminal responsibility, mental health assessments, and psychological evaluations that are rarely found in a general criminal defense practice.

For international clients – many of whom come to us having never encountered the German legal system before – we provide clear, English-language advice throughout, from the first consultation to the conclusion of proceedings. We work with clients wherever they are based, and we are accustomed to operating under time pressure in cross-border matters. At Schlun & Elseven Rechtsanwälte, we can also draw on specialist colleagues across immigration, tax, and employment law when a criminal matter has wider legal dimensions – without the client needing to instruct a second firm.