⚖️ Wegweiser Suspects & Defendants

Summons, right to remain silent, defence lawyer, search, pre-trial detention, penalty order with a 2-week objection period, discontinuation, appeals and costs: clear answers and the most important deadlines.

Legal position: September 2026. It is based on the versions of the StPO (Code of Criminal Procedure), the OWiG (Administrative Offences Act) and the JGG (Juvenile Courts Act) published on gesetze-im-internet.de on the retrieval date. Announced reforms that have not been passed were not reviewed; this is no guarantee that none are coming. Sources and open points: Sources and limits. Information, not legal advice.

Frequently searched

🧭 Overview: Suspected in criminal proceedings 🤐 Right to remain silent and prohibited methods 📬 Penalty order and objection (2 weeks) ⚖️ Defence lawyer and court-appointed defence 🚪 Search 🤝 Advice and contact points

All topic areas

🧭First stepsOverview of criminal proceedings and your rights as a suspect.1 topic 🔎InvestigationSummons, right to remain silent, search and pre-trial detention.4 topics ⚖️DefenceDefence lawyer, court-appointed defence and access to the case file.2 topics 📄Course and end of proceedingsPenalty order, discontinuation, main hearing, appeals and costs.5 topics 🚦Special proceedingsFine proceedings and young people.2 topics 🤝HelpAdvice and contact points.1 topic

🧭 First steps

Overview of criminal proceedings and your rights as a suspect.

🧭Overview: Suspected in criminal proceedingsWhat suspects and defendants should know: your rights, the stages of the proceedings and the most important deadlines.

🔎 Investigation

Summons, right to remain silent, search and pre-trial detention.

✉️Summons and questioningWhat applies to a summons from the police or the public prosecutor's office and how questioning works. 🤐Right to remain silent and prohibited methodsYou may stay silent about the case. Impermissible questioning methods are prohibited. 🚪SearchWhen the police may search your home or belongings and what you can do in that situation. 🔒Arrest and pre-trial detentionWhen pre-trial detention is possible, what happens after an arrest and how you can have it reviewed.

⚖️ Defence

Defence lawyer, court-appointed defence and access to the case file.

⚖️Defence lawyer and court-appointed defenceYou may take a defence lawyer at any stage of the proceedings. In certain cases you will be given a court-appointed defence lawyer. 📁Access to the case fileWho may inspect the investigation file and how you find out what is held against you.

📄 Course and end of proceedings

Penalty order, discontinuation, main hearing, appeals and costs.

📬Penalty order and objection (2 weeks)A penalty order (Strafbefehl) is a written judgment without a hearing. You have two weeks to object. 🗂️Discontinuation under §§ 153, 153a StPOIf guilt is minor, the proceedings can be discontinued, also subject to conditions such as a payment or community service. 🏛️Indictment and main hearingWhat happens after the indictment: comment, hearing in court and judgment. ⏱️Appeals: Berufung and RevisionA deadline of one week from pronouncement applies against a judgment. One month applies for the grounds of a Revision. 💶Costs of the proceedingsWho bears the costs: after a conviction you, after an acquittal usually the state treasury.

🚦 Special proceedings

Fine proceedings and young people.

🚗Fine proceedings: objection (2 weeks)If you receive a fine notice, you have two weeks to object. 🧒Young people and young adultsThe Juvenile Courts Act (Jugendgerichtsgesetz) applies to juveniles (14 to 17) and young adults (18 to 20). Parents have rights, and a defence lawyer is mandatory more often.

🤝 Help

Advice and contact points.

🤝Advice and contact pointsWhere to find a defence lawyer and what help exists nationwide.

For reference

📕Keyword indexAll terms from A to Z, with links to the matching topic pages. 📜Sources and methodWhere the information comes from and what is expressly uncertain. 🏠Other target groupsTo the overview of all Wegweiser portals.

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