If you are facing criminal proceedings in Germany, one of the most important steps your defence 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 defence is simply not possible.
For international clients unfamiliar with the German legal system, this process can feel opaque and difficult to navigate. At Schlun & Elseven Rechtsanwälte, our criminal defence lawyers have extensive experience handling legally complex cases — including those with a cross-border dimension. As soon as you instruct us, we apply for file access on your behalf and begin building your defence without delay. Contact us today to discuss your situation in a confidential consultation.
How is File Access in Germany Organised?
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 defence 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 analysed thoroughly. This is followed by strategic advice and defence planning, which our lawyers carry out together with you.
What Does an Investigation File in Germany Contain?
An investigation file is created to investigate a suspected criminal offence. 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. Our criminal defence 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, unauthorised interrogation methods were used, or searches were conducted unlawfully. Witness statements and expert opinions are scrutinised carefully for any inconsistencies.
Schlun & Elseven: Inspection of Files by Experienced German Criminal Defence Lawyers
Access to files is essential for preparing your criminal defence. 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 defence lawyers, we have regular access to all information contained in the investigation file and can support you from the outset. 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.
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.
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.
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.
