📁 Access to the case file
In brief
Your defence lawyer may inspect the files that are before the court and view evidence held officially (§ 147 para. 1 StPO).
Without a defence lawyer, you may inspect the file yourself and view officially held evidence under supervision. This is possible only if the purpose of the investigation is not endangered and no other interests stand in the way (§ 147 para. 4 StPO).
During the investigation, the public prosecutor's office decides on access to the file; in court, the court decides.
Step by step
- Instruct a defence lawyerThe defence lawyer applies for access to the case file.
- Go through the fileDiscuss with the defence lawyer what is held against you.
- Have a refusal reviewedIn certain cases, the decision can be reviewed by a court (§ 147 para. 5 StPO, court under § 162).
Deadlines
- Access to the file without a defence lawyer is limited.
- Before you have access to the file, you should not make a statement on the case if you are unsure.
- Without a defence lawyer, copies instead of inspection are possible if the file is not electronic (§ 147 para. 4 sentence 2 StPO).
In depth · legal basis, figures and practice – for advisers and professionals
Defence lawyer
§ 147 para. 1 StPO: The defence lawyer is entitled to inspect the files that are before the court or would have to be submitted if charges were brought, and to view officially held evidence.
Suspect without a defence lawyer
§ 147 para. 4 StPO: A suspect who has no defence lawyer may inspect files and, under supervision, view officially held evidence if the purpose of the investigation cannot be endangered and overriding interests of third parties worthy of protection do not stand in the way (sentence 1). If the file is not kept electronically, copies may be provided in place of inspection (sentence 2).
Decision
§ 147 para. 5 StPO: In the preparatory proceedings, the public prosecutor's office decides on granting access to the file. A court decision under § 162 StPO can, under sentence 2, be applied for only if the public prosecutor's office refuses access after the conclusion of the investigation has been noted, in case of refusal under para. 3, or if the suspect is not at liberty. The public prosecutor's office also decides after the proceedings have been concluded with final effect. The former provision on information and copies (para. 7) has been dropped according to the retrieved text; copies are governed by para. 4 sentence 2.
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