Wegweiser Suspects · Your rights in criminal proceedings Deutsch

🧭 Overview: Suspected in criminal proceedings

What suspects and defendants should know: your rights, the stages of the proceedings and the most important deadlines.

suspect defendant investigation indictment penalty order (Strafbefehl) right to remain silent defence lawyer

In brief

You are a suspect (Beschuldigte) if you are under investigation. You are a defendant (Angeklagte) once the public prosecutor's office has brought charges.

You have rights. You may remain silent. You may consult a defence lawyer at any time. This is set out in the law (§ 136 StPO).

Watch for mail from the court. Some deadlines are very short. You have two weeks to object to a penalty order (Strafbefehl).

These pages cover the proceedings before and during conviction. For imprisonment, probation and a fresh start after the sentence, there is the Wegweiser for offenders (Straffällige). If you are yourself the victim of a crime, the Wegweiser for crime victims (Kriminalitätsopfer) can help. These pages are information, not legal advice.

Step by step

  1. Stay calm, sign nothing you do not understandRead letters carefully. Note the date, the case number and deadlines.
  2. Stay silent and get adviceYou do not have to say anything about the case. You may consult a defence lawyer first.
  3. Check deadlinesFor a penalty order, a deadline of two weeks from service applies.
  4. Access to the case file via the lawyerThe defence lawyer can inspect the file and will discuss the situation with you.

Deadlines

2 weeks
Objection to a penalty order, from service§ 410 StPO
1 week
Appeal (Berufung) or appeal on points of law (Revision) against a judgment, from pronouncement§ 314, § 341 StPO
Watch out – common mistakes
  • A yellow envelope with formal service starts deadlines running. Do not leave it lying around.
  • Statements to the police can later be used against you.
  • This page is no substitute for legal advice in your individual case.
In depth · legal basis, figures and practice – for advisers and professionals

Stages of criminal proceedings

Proceedings begin with the investigation (police, public prosecutor's office). Under § 136 para. 1 StPO, at the start of questioning suspects must be informed of the offence, the criminal provisions that may apply, the right to give a statement or to remain silent, the right to consult a defence lawyer and the possible appointment of a court-appointed defence lawyer. Proceedings end by discontinuation, penalty order or indictment with a main hearing.

Scope

This group concerns ongoing proceedings. Serving a sentence, probation and rehabilitation are covered by the Wegweiser for offenders (Straffällige), the rights of victims by the Wegweiser for crime victims (Kriminalitätsopfer).

Limits of this page

Not covered are tax criminal proceedings, commercial criminal cases in detail, extradition and foreign proceedings.

Who is responsible
  • Police and public prosecutor's office (investigation)
  • Local court (Amtsgericht) or regional court (Landgericht) (main proceedings)
  • Lawyer as defence counsel
Further reading
Right to remain silent and prohibited methodsDefence lawyer and court-appointed defencePenalty order and objection (2 weeks)

Quick questions

Worum geht es bei „Overview: Suspected in criminal proceedings“?
What suspects and defendants should know: your rights, the stages of the proceedings and the most important deadlines.
Which deadlines and figures matter?
  • 2 weeks: Objection to a penalty order, from service (§ 410 StPO)
  • 1 week: Appeal (Berufung) or appeal on points of law (Revision) against a judgment, from pronouncement (§ 314, § 341 StPO)
What should I do first?
  • Stay calm, sign nothing you do not understand: Read letters carefully. Note the date, the case number and deadlines.
  • Stay silent and get advice: You do not have to say anything about the case. You may consult a defence lawyer first.
  • Check deadlines: For a penalty order, a deadline of two weeks from service applies.
What do I need to watch out for?
  • A yellow envelope with formal service starts deadlines running. Do not leave it lying around.
  • Statements to the police can later be used against you.
  • This page is no substitute for legal advice in your individual case.
Evidence
  • Bundesministerium der Justiz (Federal Ministry of Justice), Gesetze im Internet: § 136 StPO, retrieved 20 September 2026
  • Bundesministerium der Justiz, Gesetze im Internet: § 410 StPO, retrieved 20 September 2026
  • Bundesministerium der Justiz, Gesetze im Internet: § 314 and § 341 StPO, retrieved 20 September 2026
As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.