Criminal Defence Lawyer in Frankfurt – Rights, Duties and Importance in Criminal Proceedings
The Role of the Defence Lawyer
Under Section 1 of the Federal Lawyers’ Act (BRAO), a defence lawyer is an independent organ of the administration of justice. The lawyer’s task is to protect the interests of the accused while contributing to fair and lawful criminal prosecution. This dual role ensures balance and justice within the criminal process.
Particularly in white-collar crime and tax criminal law, defence requires deep understanding of legal, economic and tactical aspects. Early involvement of a specialist criminal defence lawyer can be decisive to avoid mistakes at the start of investigations.
Duties of the Defence Lawyer – Responsibility and Confidentiality
The lawyer must act with the utmost care and loyalty to the client. A key duty is professional secrecy – information disclosed by the client may not be shared without consent. Breaches are punishable under Section 203 StGB.
Although the lawyer must not present false facts, there is no obligation to incriminate the client or to assist the prosecution. The purpose of defence is to secure the best possible outcome within legal and ethical boundaries.
Rights of the Defence Lawyer – Foundation of Effective Representation
Essential rights include unrestricted communication with the client under Section 148(1) StPO, even during pre-trial detention. This ensures a sound defence strategy.
The lawyer may attend judicial hearings and witness examinations (Section 168c StPO) and exercise the right of file inspection – indispensable for understanding the prosecution’s evidence and building the defence. The defence may also file motions, make statements and question witnesses or experts, guaranteeing procedural equality between prosecution and defence.
Retained or Court-Appointed Defence – Key Differences
The accused can choose their own lawyer (retained defence). In serious cases, participation of a lawyer is mandatory (Section 140 StPO), where a court-appointed defence lawyer is assigned. Even then, the defendant has the right to propose a lawyer (Section 142 StPO), and can later replace them if desired (Section 143 StPO).
Choosing the right lawyer is critical. Buchert Jacob Peter advises clients nationwide – from the first police summons to the main hearing – ensuring skilled and strategic representation.
Early Defence – Strategic Importance
Criminal proceedings often begin with an initial suspicion or complaint. Immediate legal assistance helps assess the lawfulness of searches or seizures and to file remedies if necessary. From the first interrogation through trial, the lawyer safeguards the client’s procedural rights.
Especially in corporate and tax-related cases, small errors can have major consequences – early intervention prevents escalation.
When Is a Criminal Defence Lawyer Indispensable?
Legal representation is crucial when personal or professional existence is at risk – not only for private individuals but also for executives, managing directors or entrepreneurs. In cases of fraud, corruption or money laundering, both criminal and economic penalties may arise. The goal is always to resolve the case swiftly and discreetly, minimising reputational and financial damage.
Advantages of a Specialised Law Firm
Buchert Jacob Peter combines legal excellence with over 25 years of practical experience. Specialised lawyers for criminal law analyse every detail, design tailored strategies and represent clients before all courts – from investigation to trial.
The firm also advises companies preventively within compliance and internal investigations, helping to identify and mitigate legal risks.
Call to Action – Your Defence in Experienced Hands
If you are facing criminal charges or investigation, do not delay. Contact our law firm in Frankfurt am Main for immediate and confidential assistance. Early legal defence often determines whether proceedings are discontinued or lead to trial. Trust in specialist lawyers who know and protect your rights.
FAQ – Criminal Defence Lawyers in Germany
When should I hire a defence lawyer?
As soon as you are aware of investigations or receive a summons. Early legal advice prevents self-incrimination.
What does a criminal defence lawyer cost?
Fees depend on the complexity of the case. In mandatory defence, the state initially covers costs, which may later be reclaimed upon conviction.
Can I change my court-appointed lawyer?
Yes, if trust breaks down or conflicts arise, a change can be requested.
Does the lawyer have access to the case files?
Yes. Full file access is fundamental to effective defence.
What happens if a lawyer breaches their duties?
Violations of confidentiality or ethical rules can lead to disciplinary or criminal sanctions.
Contact Our Criminal Defence Lawyers in Frankfurt and Nationwide
- • Frank M. Peter – Specialist Lawyer for Criminal Law
- • Dr Caroline Jacob – Specialist Lawyer for Criminal Law
- • Of Counsel: Prof. Dr Frank Peter Schuster
- • Cooperation Partner: Frank Wehrheim – Tax Advisor and former Tax Investigator
📞 Telephone: +49 69 710 33 330
✉️ Email: kanzlei@dr-buchert.de
Further reading: Tax Evasion Defence | Criminal Defence | White Collar Crime | Our Attorneys
Do you need legal advice?
We advise and represent private individuals and companies in investigative and criminal proceedings nationwide and before all courts. Benefit from our many years of experience and our expertise in criminal defense.