Right to Access Files under Section 147 StPO
The right of access to files is enshrined in Section 147 of the German Code of Criminal Procedure (StPO). It grants the defence, or the accused without a lawyer, the right to inspect the documents available to the court. This right is an essential aspect of a fair trial. In a state governed by the rule of law, the accused must know which allegations they face in order to prepare an effective criminal defence, gather exculpatory evidence, and develop a suitable defence strategy. Reviewing the investigation files is therefore the starting point for any adequate defence.
Importance of File Access in Defence Strategy
Before investigations are concluded, it is strongly advised not to make written statements. Contradictions arising from subsequent supplementary investigations can otherwise be difficult to resolve. For this reason, strategic defence planning in criminal proceedings always begins with a thorough review of the files.
Restrictions on File Access
The right to access files can be restricted to prevent endangering the purpose of the investigation. However, authorities must exercise this restriction with restraint. Except in rare cases, the defence usually has access to the same files as the public prosecutor’s office.
Scope of the Right to Inspect Files
The right covers all “files,” i.e. all documents available to the court or those which must be submitted in the event of an indictment (§ 199 StPO). It includes all exculpatory and incriminating material collected by the police or tax investigation authorities, such as written records, audio or video evidence, criminal records, documents added after indictment, and any supplementary files submitted by the court or prosecution.
File Access in Tax Criminal Proceedings
In tax crime cases, the defence lawyer’s right to file access under Section 147 (1) StPO also extends to the tax audit files of the local tax office, if these have been obtained by the tax investigation or financial crime department. This ensures a comprehensive basis for defence in white-collar crime and economic criminal law.
FAQ: Access to Files (§ 147 StPO)
What does access to files under Section 147 StPO mean?
It gives the defence or the accused the right to inspect investigation files in order to prepare an effective criminal defence.
Who is entitled to file access?
The defence lawyer or, if the accused has no lawyer, the accused themselves.
Can file access be restricted?
Yes, but only to protect the purpose of the investigation. In practice, restrictions should be rare and proportionate.
Does file access include digital records and supplementary files?
Yes, it extends to all materials relevant to the case, including digital evidence and supplementary files submitted by the court or prosecution.
Does this also apply in tax criminal proceedings?
Yes, in tax evasion proceedings, the right extends to tax audit files used by the tax investigation authority.
What role do the police and the prosecution play?
They collect the evidence and provide the files. The defence’s right of access ensures equal footing in criminal proceedings.
What can be done if file access is denied?
The defence can request judicial review to ensure compliance with the right to a fair trial.
Contact us – Your Specialist Lawyers for Criminal Law in Frankfurt am Main and throughout Germany
- Attorney Dr. Caroline Jacob, Specialist Lawyer for Criminal Law
- Attorney Frank M. Peter, Specialist Lawyer for Criminal Law
- Attorney Dr. Sven Henseler, Diplom-Finanzwirt (FH)
- Of Counsel: Prof. Dr. Frank Peter Schuster
- Cooperation Partner: Tax Advisor and former Tax Investigator Frank Wehrheim
Our law firm Buchert Jacob Peter has been working in Frankfurt am Main for over 25 years with experienced defence lawyers in criminal law. We represent clients nationwide.
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