⚖️ Defence lawyer and court-appointed defence
In brief
You may take a defence lawyer at any stage of the proceedings (§ 137 StPO). You may choose up to three defence lawyers.
In serious cases a defence lawyer is mandatory. Then you are given a court-appointed defence lawyer (Pflichtverteidiger). This applies, for example, to serious crimes (Verbrechen) or if the main hearing takes place at the regional court or the lay assessor court (§ 140 StPO).
After the caution, you can expressly apply for a court-appointed defence lawyer. The application must be decided on at the latest before questioning or a confrontation (§ 141 para. 1 StPO).
Who pays depends on the outcome. See the page "Costs".
Step by step
- Find a defence lawyerUse the lawyer search in the Bundesweites Amtliches Anwaltsverzeichnis (nationwide official lawyer directory) of the bar associations.
- Clarify the power of attorneyAgree who represents you and how the costs are arranged.
- Apply for a court-appointed defence lawyerIf this is a case of mandatory defence or you cannot afford a lawyer, ask for one expressly.
- Submit the applicationApply expressly to the court or during questioning.
Deadlines
- A court-appointed defence lawyer is not always free of charge; after a conviction, costs may have to be borne.
- According to the wording of § 141 para. 2, further cases are provided for without an application, such as being brought before the court for detention and the indictment.
- Under § 142 para. 5 StPO, the suspect is given a time limit to name a defence lawyer; the lawyer named is appointed unless an important reason prevents it. Under para. 6, a defence lawyer is selected from the directory of the Bundesrechtsanwaltskammer (Federal Bar Association), preferably a specialist lawyer for criminal law.
In depth · legal basis, figures and practice – for advisers and professionals
Privately chosen defence lawyer
§ 137 para. 1 StPO: The suspect may avail themselves of the assistance of a defence lawyer at any stage of the proceedings. The number of chosen defence lawyers may not exceed three.
Mandatory defence (§ 140 StPO)
Under § 140 para. 1 StPO, mandatory defence exists, among other cases, if the main hearing at first instance is expected to take place before the higher regional court, the regional court or the lay assessor court, if the suspect is accused of a serious crime (Verbrechen), if a professional ban comes into consideration, if the suspect is brought before a court for a decision on detention or provisional placement, or is in an institution by judicial order. Under § 140 para. 2 StPO, it also exists if, because of the seriousness of the offence, the seriousness of the expected legal consequence or the difficulty of the factual or legal situation, the participation of a defence lawyer appears necessary, or if it is evident that the suspect cannot defend themselves. The full list in paragraph 1 was reviewed here only in excerpts.
Appointment (§ 141 StPO)
Para. 1: The express application for the appointment of a court-appointed defence lawyer after the caution must be decided on at the latest before questioning or a confrontation. Para. 2: Without an application, for example before the detention decision, on placement in an institution, if inability to defend oneself is evident, and after being asked to comment on the indictment (§ 201 StPO). Exceptions exist for certain arrest warrants and a possible discontinuation.
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