"The law should be a shield to protect the innocent and not a weapon to punish the wrongdoer."
- Jean-Jacques Rousseau
Criminal Defense at Hanse Strafrecht
The German criminal court system is based on the belief that a defendant is presumed innocent until proven guilty. Needless to say, this does not always reflect the reality of prosecution. When a defendant is indicted or even arrested, he or she awaits an impending maze of legal processing and a frazzling fight to avoid a conviction or jail time.
We understand that being a subject to prosecution as a non-native speaker of the German language can elicit heavy apprehension. Hanse Strafrecht has a team of renowned German Criminal defense Attorneys who will protect your rights as a defendant at every stage of the prosecution and walk you through the process while assisting you to comprehend the course of action.
Our primary objective is to serve our clients as their trustworthy legal consultants during this time of hardship and receive the best legal defense as possible. We try to achieve the best possible outcome given each individual case.
To begin fighting your charges, call Hanse Strafrecht and schedule a case evaluation with one of our criminal defense attorneys. As professional criminal defense lawyers we provide discrete, prejudice-free and skillful advice at an affordable rate.
What are the outlines of a criminal procedure in Germany?
1. Investigation (Ermittlungsverfahren)
The criminal procedure begins with the investigation phase. This is initiated when the police or public prosecutor's office becomes aware of a potential crime. The police collect evidence, interview witnesses, and possibly interrogate the suspect. The prosecutor oversees the investigation, deciding whether there is sufficient evidence to proceed with charges.
If there is sufficient suspicion (hinreichender Tatverdacht) against the accused, they must be given the opportunity to present their side of the story (rechtliches Gehör). If you receive a corresponding letter from the police or public prosecutor, it is advisable to scan it and send it to us via email for further assistance.
2. Filing Charges (Anklageerhebung)
If the public prosecutor believes there is enough evidence, they will file formal charges (Anklageschrift) against the suspect. The charges are submitted to the court, which will review them to determine if a trial is warranted. If the court agrees, it will issue a decision to proceed to trial (Eröffnungsbeschluss).
3. Interim Proceedings (Zwischenverfahren)
Before the trial begins, there is a brief period where the court reviews the evidence and charges. The court may request additional information or evidence and will then decide whether to move forward with a full trial or dismiss the case.
4. Main Trial (Hauptverfahren)
The main trial is where the case is heard in court. It is typically held in a public session. During the trial, the prosecution presents its case, including all evidence and witness testimonies. The defense has the opportunity to challenge the evidence, cross-examine witnesses, and present its own case. The court, usually composed of judges and sometimes lay judges (Schöffen), evaluates all the evidence presented.
5. Judgment (Urteil)
After all evidence has been presented, the court deliberates and then announces its verdict. The court will either acquit the defendant if the evidence is insufficient or find the defendant guilty if the evidence proves the charges beyond a reasonable doubt. If the defendant is found guilty, the court also imposes a sentence, which could range from a fine to imprisonment.
6. Appeal (Berufung/Revision)
Both the prosecution and the defense have the right to appeal the court's decision. An appeal can be based on procedural errors or dissatisfaction with the court's interpretation of the law. If an appeal is filed, the case is reviewed by a higher court, which may uphold, modify, or overturn the original judgment.
How can criminal proceedings be closed in Germany?
Once an investigation is completed and if the prosecutor believes there is enough evidence for a conviction, they will file formal charges. However, statistically, most investigations do not proceed to a public trial and are instead resolved through other means. Below are some common methods of case closure.
Good criminal defense often aims to resolve a case during the preliminary investigation stage. Defense attorneys have significantly more influence at this stage than after formal charges are filed.
1. Termination of Criminal Investigations: Dismissal under § 170 Abs. 2 StPO: No Criminal Offense
Investigations must establish sufficient grounds for an indictment (§ 170 Abs. 1 StPO). There should be no procedural barriers (e.g., lack of criminal responsibility due to age), and the suspicion of the offense must be substantial (§ 203 StPO). The prosecutor must assess whether a conviction is likely based on the available facts and legal situation. If these conditions are not met, the proceedings are dismissed (§ 170 Abs. 2 StPO). This can be a "total dismissal" (all charges dropped) or a "partial dismissal" (only some charges are dropped). However, this dismissal does not prevent the case from being reopened unless it's a clear case of proven innocence.
2. Dismissal Under § 153 StPO: Minor Fault of the Defendant
A case may be dismissed due to minor culpability under § 153 StPO. This can occur before or after the public prosecutor files charges. While the accused's guilt is somewhat acknowledged, it is deemed so minor that prosecution is unnecessary. This option is available for less serious offenses (punishable by less than one year) where the guilt is significantly lower than average.
3. Suspension Under § 153a StPO: Financial Penalty or Other Conditions
§ 153a StPO allows for case suspension in exchange for conditions, such as paying a fine or performing community service. This method is used to manage minor and medium-level offenses more efficiently. The defendant must consent to this arrangement. If the conditions are met, the suspension becomes final, and the offense is no longer prosecutable. However, if the conditions are not fulfilled, prosecution resumes.
4. Penalty Order Under § 407 ff. StPO
A penalty order is often used for minor offenses and can conclude a case without a public trial. Unlike § 153a StPO, a penalty order involves a genuine criminal penalty without the need for a trial.
Conclusion: Downsides of Investigation Closures
The German Code of Criminal Procedure assumes that innocent individuals are either not investigated or are acquitted during trial. However, with the increasing complexity of investigations, this ideal is sometimes seen as unrealistic. While case closures can avoid the stigma of a public trial, they come with disadvantages: the risk of renewed prosecution, an implicit admission of guilt, or compliance with imposed conditions.
Your case is our case. Call us today.
You can reach us by calling
International: +49 40 44 55 66
In Germany: 040 44 55 66
or send an email to:
info@hanse-strafrecht.de
"Meet the Lawyers"
Virginia Elisabeth Heik was born and raised in Hamburg. She attended the International School of Hamburg where she obtained an International Baccalaureate (IB). She spent her freshman year at St. Anne’s Beldfield School in Charlottesville, Virginia (USA) and has also worked and lived in France (Paris) and Russia (St. Petersburg and Moscow). Mrs. Heik went to the University of Hamburg where she received the first state examination and continued her legal career as a clerk in Schwerin (Mecklenburg-Vorpommern) which is also where she was admitted to the bar. Due to her passion for criminal law, Mrs. Heik has founded the law firm „Hanse Strafrecht“ (which translates to hanseatic criminal law) in the heart of Hamburg, where she counsels her clients exclusively in this complex area of law.
Charlotte Caroline Elger-Günther was born in Hamburg. She attended Theodor-Heuss-Schule in Pinneberg, Schleswig-Holstein. After obtaining the Abitur (general higher education entrance qualification) she moved back to Hamburg and studied law at the University of Hamburg. Already at this point she discovered her affection for criminal law. After having successfully taken the first state examination she worked in a law firm specified in migration law until she began her legal clerkship in Hamburg. After having received the second state examination she gained her admission to the Bar in Hamburg as well. In 2022 she joined Attorney at law Virginia Heik at Hanse Strafrecht where she exclusively practices criminal law.
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Payment
In Germany the lawyer can choose to bill through the Rechtsanwaltsvergütungsgesetz - RVG (German code regarding the lawyer's compensation) or to make a contract with the client about a fair payment. Hanse Strafrecht chose the second alternative. This is why: the billing through RVG often does not compensate for the effort which is necessary for the individual case because the RVG defines static fees. Big lawsuits, for example corporate crimes, come with a large amount of files and documents. The lawyer who exclusively bills through RVG probably will not be able to put as much effort and preparation time in the defense of the case than the lawyer who made an individual contract about the payment with the client.
The great advantage of a fee agreement lies in the fact that we can fully concentrate on your case, plan with enough preparation time, therefore see chances in the proceedings and reach for the best achievable aim.
After making a fee agreement with you, we will charge you with an advance payment in respect of securing our work.
In case of a verdict not guilty the state bears the expenses of the formerly accused person, but only after RVG. The client has to pay only the financial difference to the fee agreement.
