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Access to the file in criminal proceedings: know the accusation before you speak

A meaningful defense begins with access to the file: only when you know which evidence and accusations are in the file can you decide whether and how you comment. Access to the file usually runs through a defense lawyer, this is one of the most important reasons to bring in a lawyer early.

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Your defense lawyer generally has a right to inspect the investigation file (§ 147 StPO). This way you learn what you are concretely accused of and which evidence exists, the basis of any defense.
During ongoing investigations, access to parts of the file can be temporarily restricted if it would jeopardize the purpose of the investigation. But at the latest after the investigation is concluded, access must be granted.

What you should do now

  1. 1

    1. Engage a lawyer

    Access to the file usually runs through a defense lawyer, engage a criminal defense lawyer early.

  2. 2

    2. Apply for access

    The lawyer applies for access to the file with the public prosecutor or the court.

  3. 3

    3. Analyze the accusation

    Together you evaluate what is being alleged and how solid the evidence is.

  4. 4

    4. Determine the defense

    Only after access to the file do you decide on silence, a statement or further steps.

How to spot the scam

  • You comment on the matter without knowing the file.
  • You wait with the lawyer until the proceedings are far advanced.
  • You go by assumptions about the accusation instead of the file.

Frequently asked questions

Do I get access to my investigation file?

Usually through a defense lawyer: they generally have a right to inspect the file (§ 147 StPO). This is the key to knowing the exact accusation and the state of the evidence before you comment.

Can access be refused?

During ongoing investigations, access to parts of the file can be temporarily restricted if it would jeopardize the purpose of the investigation. But at the latest after the investigation is concluded, access to the file must be granted.

Why is access to the file so important?

Because only then can you decide on a well-founded basis whether and how you defend yourself. A statement without knowledge of the file is risky. That is why: first remain silent, bring in a lawyer, access to the file, then decide on the further course of action.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.