The Accused in German Criminal Proceedings
An accused person (“Beschuldigter”) is someone suspected of having committed a criminal offence, against whom the prosecution authorities conduct criminal proceedings.
The accused cannot be forced to actively contribute to their own conviction and is therefore under no duty to tell the truth. However, certain obligations to tolerate or cooperate do apply.
- During the investigation phase, the accused must appear for interrogations by the investigating judge or the public prosecutor (§§ 133, 163a (3) StPO). If they do not appear when summoned, they may be brought before the court by force.
- Summonses by the police do not have to be followed.
- The accused must attend the main hearing and remain present throughout (§§ 230, 231 StPO).
- Certain coercive measures must be tolerated, and personal details must be provided.
Rights of the Accused
Despite these obligations, the accused enjoys important rights. The most significant is the comprehensive right to remain silent (§§ 136 (1) sentence 2, 243 (5) sentence 1 StPO).
Further rights include:
- Right to be informed: At the first interrogation, the accused must be told of the offence of which they are suspected.
- Right to request evidence: They may file applications to present evidence (§§ 219, 244 StPO).
- Right to question witnesses and experts: Cross-examination is guaranteed (§ 240 (2) StPO).
- Right to be present: Attendance at the main hearing is both a duty and a right, though restrictions apply in exceptional circumstances (§§ 231–233, 247 StPO).
- Right to choose a defence lawyer: At any stage, the accused may instruct a criminal defence lawyer (§ 137 StPO). They must be informed of this right at their first interrogation.
- Right to court-appointed counsel: In cases of mandatory defence (§ 140 StPO), the accused is entitled to appointment of a duty defence lawyer (§§ 141, 142 StPO).
FAQ: The Accused in Germany
Who counts as an accused person?
Anyone against whom an official suspicion of a criminal offence exists and against whom formal criminal proceedings are conducted.
Do I have to attend a police summons?
No. There is no obligation to attend a police summons. Different rules apply to summonses from the prosecutor or the court.
Am I obliged to testify truthfully?
No. Unlike witnesses, the accused does not have a duty to tell the truth and may remain silent.
Can I remain silent without consequences?
Yes. Silence is your right and cannot be used against you. Often, it is the best initial defence strategy until file access has been granted.
Do I need a lawyer as the accused?
Absolutely. An experienced defence lawyer will ensure your rights are protected and develop the best strategy. In some cases, appointment of a lawyer is mandatory.
Can I propose evidence or witnesses?
Yes. The accused may submit evidence requests and question witnesses and experts in the main hearing.
Contact Us – Your Criminal Defence Lawyers in Frankfurt and Nationwide
- Dr. Caroline Jacob, Specialist Lawyer for Criminal Law
- Frank M. Peter, Specialist Lawyer for Criminal Law
- Dr. Sven Henseler, Criminal Defence Lawyer, Diplom-Finanzwirt (FH)
- Of Counsel: Prof. Dr. Frank Peter Schuster
- Cooperation Partner: Tax Consultant and former Tax Investigator Frank Wehrheim
Our law firm Buchert Jacob Peter has been specialising in criminal defence for more than 25 years in Frankfurt am Main. We represent clients across Germany.
📞 Phone: +49 69 710 33 330
✉️ Email: kanzlei@dr-buchert.de
👉 More about: Tax Evasion | Criminal Defence | White Collar Crime | Ombudspersons | Cum-Ex / Cum-Cum Cases | 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.