Rechtswidrige Durchsuchungen, keine Kontrolle. Was denkt Ihr Euch dabei?

Criminal Procedure Law: Reubel Grubwinkler Attorneys at Law defend clients nationwide at every stage of criminal proceedings, from the initial investigation through the main trial to appeals to the Federal Court of Justice. Fourteen criminal defense attorneys and a professor of criminal law, over 20,000 completed cases, offices in Munich, Frankfurt am Main, Stuttgart, Freilassing, Eggenfelden, and Bad Kötzting. The Code of Criminal Procedure (StPO) governs how criminal proceedings are conducted and what rights the accused has at each stage. It often has a greater impact on the outcome of a case than substantive criminal law. Those who understand and enforce the procedural rules early on prevent the use of improperly obtained evidence, compel access to case files, and keep coercive measures within their legal limits. Konstantin Grubwinkler, founding partner and certified specialist in criminal law, is one of Germany's most renowned criminal defense attorneys. He publishes scholarly articles, including in the Journal for International Criminal Law (ZIS 5/2024), is regularly consulted as an expert by ZDF, ARD, BR, and Deutschlandfunk, and is listed in the Leaders League Ranking 2026. As spokesperson for LEAP Germany and a member of the Schildow Circle, he connects daily defense practice with the legal policy debate on criminal prosecution and civil rights. ━━━━━━━━━━━━━━━━━━━━ FREQUENTLY ASKED QUESTIONS ABOUT CRIMINAL PROCEDURE LAW Do I have to appear when summoned by the police? No. As a suspect, you are not obligated to appear for police questioning. The obligation to appear, according to Section 163a Paragraph 3 of the German Code of Criminal Procedure (StPO), applies only to summonses issued by the public prosecutor's office, and even then, the right to remain silent applies. Do not make any statements about the matter, and do not offer any justification without reviewing the case file. First, consult a criminal defense attorney who will request the file and prepare your statement based on its contents. What should you do during a house search? Do not obstruct the search, but expressly object to it and do not make any statements. According to Section 105 Paragraph 1 of the StPO, a search may generally only be ordered by a judge; in cases of imminent danger, the public prosecutor's office may order it. The legality of the search is determined by the time the order is issued, not by what is subsequently found. Immediately contact a criminal defense attorney who will review the order and its execution for errors. When can pre-trial detention be ordered? Only in cases of urgent suspicion of a crime and grounds for detention as defined in Section 112 of the StPO. Grounds for detention include risk of flight and risk of obstruction of justice; in certain serious offenses, these grounds may also apply. The execution of a warrant can be challenged by suspension of detention pursuant to Section 116 of the Code of Criminal Procedure (StPO) and by review of detention pursuant to Section 117 StPO. The principle of proportionality limits the imposition and duration of detention. Why is access to the case file so important? Without knowledge of the file, there is no viable defense strategy. The right to access the case file is granted to the defense counsel pursuant to Section 147 Paragraph 1 StPO. During ongoing investigations, this right can be denied if the purpose of the investigation is jeopardized. Any statement made before reviewing the case file remains a risk because the accused does not know what evidence exists against them. When does an exclusionary rule apply? If the accused is not informed of their right to remain silent before questioning (Section 136 Paragraph 1 StPO), their statement may be inadmissible. Statements obtained through prohibited interrogation methods such as deception, coercion, or threats are subject to an absolute exclusionary rule pursuant to Section 136a StPO, even with the accused's consent. Whether a violation ultimately leads to the exclusion of evidence must be examined on a case-by-case basis. Is an appeal worthwhile? An appeal to the Federal Court of Justice does not examine new facts, but solely whether the judgment is based on a violation of the law (§ 337 of the German Code of Criminal Procedure). This includes erroneous evaluation of evidence, procedural violations, incorrect subsumption, and errors in sentencing. The chances of success depend on a precise procedural and substantive appeal. At Reubel Grubwinkler Attorneys at Law, Prof. Dr. Christian Becker is responsible for appeals within the defense team. Which law firm specializes in criminal procedure? Reubel Grubwinkler Attorneys at Law is one of the largest law firms in Germany specializing exclusively in criminal defense. Fourteen criminal defense attorneys and a professor of criminal law have handled over 20,000 cases. The firm is listed in the international Leaders League 2026 ranking for White-Collar...