Criminal proceedings are often decided in the first few days: at the summons, the search or the first statement. Our law firm in Berlin-Charlottenburg defends suspects and defendants throughout Germany at every stage of the proceedings – in German, Russian, Ukrainian and English, so that you understand every step.
Summons, questionnaire, search: the first steps
You have the right to remain silent (§ 136(1) StPO), including towards the police. You do not have to comply with a police summons for questioning as a suspect; you do have to appear when summoned by the public prosecutor or the court. Only your defence lawyer receives the investigation file (§ 147 StPO).
- No statement without prior inspection of the file
- During a search: ask to see the warrant, sign nothing, call your defence lawyer immediately
- Hearing questionnaire (Anhörungsbogen): only your personal details are mandatory
Investigation: aiming for discontinuation
Many proceedings end without an indictment. After inspecting the file, we check whether the evidence holds up and work towards having the case dropped.
- Discontinuation for lack of sufficient suspicion (§ 170(2) StPO)
- Discontinuation for minor guilt (§ 153 StPO) or subject to conditions (§ 153a StPO)
- Defence submission to the public prosecutor
Penalty order (Strafbefehl)
A penalty order has the effect of a judgment if you do not lodge an objection within two weeks of service (§ 410 StPO). The objection can also be limited to the amount of the daily rates. Check the date of service on the envelope.
Arrest warrant and pre-trial detention
In pre-trial detention (§ 112 StPO), a defence lawyer is mandatory; if you do not appoint one yourself, the court appoints a public defender (§ 140 StPO). We apply for a detention review and examine alternatives such as reporting obligations or bail.
Trial and appeals
- Defence before local and regional courts throughout Germany
- Trial preparation, motions to take evidence, examination of witnesses
- Plea agreement in criminal proceedings (§ 257c StPO)
- Appeal on fact and law (Berufung, Revision): one week from the pronouncement of the judgment (§§ 314, 341 StPO)
Focus areas of our defence work
- Theft, shoplifting, fraud, internet and parcel fraud
- Bodily harm, threats, insult, resisting enforcement officers
- Narcotics law (BtMG, KCanG)
- Juvenile criminal proceedings (JGG)
- Forgery, breach of trust, money laundering
- Traffic offences: drunk driving, leaving the scene of an accident
Criminal proceedings and residence status
For clients without German citizenship, a conviction can have consequences for the extension of the residence permit (§ 54 AufenthG) and for naturalisation (§ 12a StAG). We take these consequences into account in the defence strategy from the outset and work together with our immigration law practice.
How we work
- Immediate contact: you describe the situation, and we tell you what to do and what to avoid now.
- File inspection: we request the investigation file and discuss it with you.
- Strategy: discontinuation, plea agreement or contested trial – you decide together with us.
We agree on the format and fee with you before we start.
Selected cases from our practice
Every case is different; past results are no guarantee of the outcome of your case.
- Pepper spray in Germany: what is legal?
- Shoplifting in Germany: penalties and what to do
- Forged driving licence (§ 267 StGB): a fine, not a record
- In dubio pro reo: burglary charge
- Breach of trust in the workplace (§ 266 StGB)
- Dispute with a neighbour: bodily harm charge
- Objection to a penalty order for theft
- Insult under § 185 StGB: where is the line?
- Cannabis plantation: aiding, not growing (§ 29 BtMG)
- Juvenile theft: § 242 StGB and § 45 JGG
- Shoplifting worth €3.50
- International search warrant and fraud charge
All articles in this section
A complete list of guides and cases from our practice in this area of law.
- Pepper Spray in Germany: What Is Legal?
- Shoplifting in Germany: Penalties and What to Do
- Interpol Search Warrant & Theft Under §242 StGB
- Neighbor Dispute & Bodily Harm Under §223, §224 StGB
- Insult (Beleidigung) Under §185 StGB: Where Is the Line?
- Untreue Under §266 StGB: Breach of Trust in the Workplace
- Neighbor Dispute and §223, §224 StGB: Bodily Harm Charge
- Forged Driver's License Under §267 StGB: Fine, Not a Record
- Parcel Reshipping Fraud Under §263 StGB: Defending a Minor
- Extortion Under §253 StGB: Sextortion and a Crypto Wallet
- Criminal Responsibility, §20 StGB: Mental Disorder Defense
- Bodily Harm Under §223 StGB: Lawyer Identifies the Attacker
- Arms Trafficking Charge Under §52 WaffG: Case Closed
- Bodily Harm Under §223 StGB: An Incident With an Electrician
- Juvenile Theft Under §242 StGB and §45 JGG
- Shoplifting Worth €3.50 Under §242 StGB
- Business Fraud With a Forged Payment Order
- §86a StGB Charge (Nazi Symbols): Acquittal Won
- Defamation Charge Under §186 StGB After a Rape Complaint
- Marijuana Plantation Under §29 BtMG: Aiding, Not Growing
- Bitcoin Money-Laundering Charge: Defending a Student
- Minor Caught Shoplifting: §242 StGB and §45 JGG
- Shoplifting €110 Worth of Clothing Under §242 StGB
- Shoplifting Under §242 StGB, Closed Under §153a StPO
- Illegal Drug Dealing Under §29 BtMG: A Suspended Sentence
- Copyright Infringement Charge (UrhG) Dropped
- Social Benefits Fraud Charge Under §263 StGB Dropped
- Burglary Theft Under §243 StGB: Acquitted In Dubio Pro Reo
- Juvenile Theft & Residence Permit: §242 StGB, §45 JGG
- Forged Schengen Visa: §267 StGB and §95 AufenthG
- Absent-Minded Supermarket Theft Under §242 StGB
- Fare Evasion Under §265a StGB and Assault by an Inspector
- Aiding Fraud, §263/§27 StGB: Closed for Lack of Evidence
- Theft Requalified From §243 to §242 StGB: A Fine, Not Trial
- Parcel Fraud in Germany: §261 StGB
- Negligent Bodily Harm Under §229 StGB
- International Search Warrant & Fraud Under §263 StGB
- Restraining Order Violation §4 GewSchG
- Objecting to a Strafbefehl for Theft §242 StGB
- Theft with Weapons (Diebstahl mit Waffen, § 244 StGB): When Nail Scissors Count as a Dangerous Tool
- The Adventures of a Free-Spending Criminal Talent in Germany
- When Children’s Pranks Lead to Serious Consequences: A Sexual Harassment Allegation (§ 184i StGB)
- Prison, Money, a Lawyer: Criminal Proceedings Against an Asylum Seeker (Fraud, § 263 StGB)
- Theft, Almost Committed as a Group
- The Bottle, or a Moment of Folly (Theft in Germany)
- Petty Theft in the New Year's Rush: An Accusation Under § 248a StGB
- Consequences of a Criminal Record for Petty Theft in Germany
- A Dangerous Age: The Criminal Liability of Minors in Germany
- Guard Your Honor From Youth: Criminal Proceedings Against a Minor for Theft in Germany
- From Love to Hate Is Only a Step: Criminal Proceedings Against a Fiancé in Germany
- Charged With Robbery-Like Theft (Räuberischer Diebstahl) and Bodily Harm
- How Carelessness Led to Criminal Proceedings
- Accused of Rape in Germany (§ 177 StGB)
- What Happens to Those Who Are in the Wrong Place at the Wrong Time
- What to Do If You’ve Been Stolen From and Didn’t Even Notice
- How a Hotel Director Avoided Becoming the Scapegoat
- Love Gone Bad, or Serious Bodily Harm in Germany
- The Case of the Six Boxes, or Parcel Fraud in Germany Once Again
- F63.2, or Pocketing Everything That Isn’t Nailed Down?
- You Won't Get Far in New Sneakers, or Yet Another Theft in Germany
- Betrayed by a Friend, or Accused of Serious Bodily Harm in Germany
- Teenage Depression: Exhibitionism Charges Against a Minor (§§ 176, 183 StGB)
- Internet Fraud in Germany: Acquittal of a Parcel Recipient
- Insult in Russian, or § 185 StGB — Beleidigung (Insult to Honor and Dignity)
- Simply Gavriil, or a Charge of Threatening (Bedrohung) in Germany
- Threatening Murder or Serious Bodily Harm (Bedrohung, § 241 StGB)
- Scandals, Intrigue, an Investigation — or Serious Bodily Harm in Germany
Frequently Asked Questions
I have received a police summons. Do I have to go?
As a suspect, you do not have to comply with a police summons. A summons from the public prosecutor or the court is different; even there, you have the right to remain silent.
Should I make a statement to the police to clear things up?
As a rule, only after your defence lawyer has inspected the file. Anything you say can be used against you.
I have received a penalty order (Strafbefehl). What now?
You have two weeks from service to lodge an objection. After that, the penalty order becomes final.
Will a fine appear in my certificate of good conduct?
A first conviction of no more than 90 daily rates is usually not included in the certificate of good conduct (§ 32(2) no. 5 BZRG). It is still entered in the Federal Central Register.
What applies if the suspect is a minor?
For juveniles, and often for young adults, the Youth Courts Act (JGG) applies. The focus is on education, not punishment.
Can criminal proceedings endanger my residence status?
Yes, this is possible. The defence should therefore consider the residence-law consequences from the very beginning.
How much does the initial consultation cost?
In criminal and immigration law, an initial assessment can be free of charge and non-binding: we assess whether and how we can help and tell you the next steps and the expected costs. A full consultation or representation is discussed with you individually – fees are agreed individually and always stated in advance. If you then instruct us in the same matter, the fee for the initial consultation is credited against the further fees (§ 34(2) RVG).