German criminal procedure — English-speaking criminal defence in Frankfurt

If you or a loved one faces an investigation, arrest or trial in Germany, you need solicitors who work in criminal law every day. Based in Frankfurt am Main, Buchert Jacob Peter defends private individuals and companies from the investigation phase (Ermittlungsverfahren) through the main hearing (Hauptverhandlung) — including arrest warrants (Haftbefehl), pre-trial detention (Untersuchungshaft) and penal orders (Strafbefehl). We act quickly, secure access to the case file, and build a strategy to protect your rights and reputation.

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How a criminal case runs in Germany

1) Investigation phase (Ermittlungsverfahren)

• After an arrest you are brought before an investigative judge without delay. Your defence then seeks access to the file, which is essential before any statement strategy.
• You have the right to remain silent and a right to a solicitor and free interpretation for police interviews and in court. Consular notification can be requested.

Useful reads:
• Overview: course of criminal proceedings
• Arrest (Verhaftung)

2) Charging decision: indictment, penal order or discontinuance

At the end of the investigation, the public prosecutor either files an indictment (opening the main proceedings), applies for a penal order (Strafbefehl) in lighter cases, or discontinues the case.
A Strafbefehl is a written conviction without a hearing; you can object within two weeks of service. The court then schedules a hearing and is not bound by the penal order (the outcome can be better or worse).

Useful read:
• Penal order (Strafbefehl)

3) Arrest warrant & pre-trial detention (Haftbefehl & Untersuchungshaft)

Pre-trial detention is exceptional and must be justified (e.g., flight risk, risk of collusion, danger of re-offending). Courts can impose alternatives to custody such as reporting duties, passport surrender, financial security or stay-away orders. We challenge detention, argue for less-intrusive measures, and apply for release.

Useful reads:
• Arrest warrant (Haftbefehl)
• Pre-trial detention
• Presentation to the judge after arrest

4) Main proceedings & main hearing (Hauptverfahren / Hauptverhandlung)

German trials are judge-led (sometimes with lay judges). After the indictment is read out, judges question witnesses first; defence and prosecution then ask questions. We file evidence motions, test the reliability of witness testimony and protect your rights throughout. The accused always has the last word before judgment.

Useful reads:
• Main hearing (Hauptverhandlung)
• General explainer: criminal proceedings

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Why English-speaking clients choose us in Frankfurt

• Specialist criminal defence boutique focused on defence, white-collar and criminal tax, corporate and labour criminal law
• Rapid intervention: immediate contact with authorities, early file access and targeted strategy
• Detention and extradition expertise for international clients
• Strategic options from contesting a Strafbefehl to negotiated discontinuance where appropriate (see § 153a StPO discontinuance)
• Partner-level attention, discreet and practical

Related areas:

• Extradition / Auslieferungsverfahren
• Compliance consulting
• Internal investigations
• Ombudsperson

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FAQs

Do I have to speak to the police?
No. You have the right to remain silent. Speak to a solicitor first; we will review the file and advise on any statement.

How quickly can you get the case file?
Typically soon after the first court appearance. Early file access is key to shaping the defence and any applications.

What is a Strafbefehl (penal order)?
A written conviction without a hearing. You have two weeks to object; a hearing follows and the court is not bound by the penal order.

When is pre-trial detention ordered?
Only under strict conditions (e.g., flight risk or risk of collusion). We challenge detention and seek alternatives such as reporting duties or financial security.

Is there a jury in Germany?
No jury. Judges (sometimes with lay judges) conduct the hearing and question witnesses; you and your solicitor may also put questions and submissions.

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Contact

Buchert Jacob Peter Rechtsanwälte Partnerschaftsgesellschaft mbB
Kaiserstraße 22, 60311 Frankfurt am Main, Germany
Phone: +49 69 710 33 330 · Email: kanzlei@dr-buchert.de

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