§ 136 StPO
Right to remain silent
You only have to give your personal details. Complete silence may not be held against you.
Criminal defence lawyer in Germany
Aachen, for people who do not speak GermanAn arrest at the border, a letter from the police, officers at the door or a European Arrest Warrant. The first decisions are often made within hours. Karolin Hagemann de Grzymala, LL.M., certified specialist lawyer for criminal law, explains your rights and defends you.
You may remain silent.You may speak to a lawyer first.
What you say in the first hours stays in the file.
This page is for suspects, relatives of someone in custody, foreign companies and people sought under a European Arrest Warrant. The office is in Aachen, on the border with Belgium and the Netherlands. The language of the consultation is agreed at first contact. If needed, a sworn interpreter takes part.
If you or a relative has just been arrested
Give your name, date of birth and address. Then say: “I will not make a statement. I want to speak to a lawyer.” Ask for an interpreter and for your consulate to be informed. Sign nothing you cannot read.
Arrested in Germany: your rights
Whether you are arrested provisionally (vorläufige Festnahme) or under a warrant (Haftbefehl), you must be told your rights promptly, in writing and in a language you understand (§ 114b StPO):
§ 136 StPO
Right to a lawyer
You may consult a defence lawyer of your choice at any time, even before questioning.
§§ 140–142 StPO
Court-appointed counsel
Before a detention hearing, a lawyer is appointed if you have none. You may name the lawyer you want.
§ 187 GVG
Interpreter
If you do not speak German, an interpreter is provided in the proceedings free of charge.
Art. 36 VCCR
Consular notification
As a foreign national, you can ask for your consulate to be informed (Vienna Convention on Consular Relations).
§ 114c StPO
Informing your family
You may notify a relative or a person you trust, unless this would seriously endanger the investigation.
Good to know
A statement cannot be taken back. Do not discuss the allegation in the police car, in the cell or on the phone.
Police summons: do you have to go?
A summons (Vorladung) states whether you are called as a suspect (Beschuldigter) or as a witness (Zeuge). Your duties depend on that and on who summons you:
§ 163a StPO
Police, as a suspect
You do not have to attend or say anything. Staying away has no legal consequences.
§§ 133, 163a StPO
Prosecutor or court, as a suspect
You must attend, but you may remain silent.
§ 163 StPO
Police, as a witness
You must attend and testify if the summons is based on an order from the public prosecutor.
Good to know
Staying away is not an admission. Let your lawyer cancel the appointment and inspect the file (§ 147 StPO) before you decide on a statement. Guide: Police summons as a suspect.
Call directly
+49 163 8461632You speak to the lawyer in person. Professional confidentiality applies from the first call.
House search: what you must allow
During a search (Durchsuchung) you must let the officers work. You do not have to help them.
Your rights during the search
A search is normally ordered by a judge (§ 105 StPO), and only in urgent cases by the prosecutor or the police (Gefahr im Verzug). Ask for the warrant (Durchsuchungsbeschluss) and a copy. As the occupant, you may be present (§ 106 StPO).
Say nothing about the allegation. Hand nothing over voluntarily and reveal no PINs or passwords. Object to the search and to every seizure, have your objection recorded and sign nothing.
Call during the search
You may call your lawyer while the officers are still there. Ask for a list of everything taken (§ 107 StPO).
At company premises
The same rules apply at business premises, including the German branch of a foreign group. Call a defence lawyer before employees answer questions. Guide: House search: what to do.
Penalty order: two weeks to object
A penalty order (Strafbefehl) is a written conviction without a trial, usually imposing a fine. The local court (Amtsgericht) issues it at the prosecutor’s request, often without hearing you first.
You can lodge an objection (Einspruch) with that court within two weeks of service (§ 410 StPO). No reasons are needed. Without an objection, the penalty order has the effect of a final judgment.
If you live outside Germany
Without a fixed address in Germany, you may have to pay a security deposit and authorise a person in Germany to receive documents (§ 132 StPO). The two weeks then run from service on that person, even if the letter reaches you later. As a rule, you are entitled to a written translation (§ 187 GVG).
An objection carries a risk
After an objection, the court holds a trial and is not bound by the penalty order (§ 411 Abs. 4 StPO). The result can be better or worse. Your lawyer can object as a precaution, inspect the file and withdraw the objection if needed. Guide: Penalty order.
Pre-trial detention (Untersuchungshaft)
A judge may order pre-trial detention only if you are strongly suspected and there is a ground for detention (§ 112 StPO). After an arrest, you must see a judge by the following day at the latest (§§ 115, 128 StPO).
§ 112 StPO
Flight risk
A foreign address alone is not enough. The court must weigh the circumstances of the individual case.
§ 112 StPO
Risk of tampering
Specific facts must suggest that you would destroy evidence or influence witnesses.
§ 116 StPO
Release on conditions
If flight risk is the only ground and milder measures suffice, the warrant is suspended, for example against a security deposit.
§§ 117, 118 StPO
Detention review
You can apply at any time for a review of the warrant (Haftprüfung), also with an oral hearing.
§ 121 StPO
Six-month limit
Detention beyond six months without a judgment requires an order from the Higher Regional Court.
Good to know
Relatives can contact a defence lawyer for the person in custody. The lawyer visits them and confirms the instruction. Visits, calls and letters may need permission and may be monitored (§ 119 StPO). Guide: Arrest and pre-trial detention.
European Arrest Warrant and extradition
With a European Arrest Warrant (Europäischer Haftbefehl), another EU state asks Germany to surrender a person, often after an arrest at a border check or an airport. The court examines whether the requirements of the German Act on International Mutual Assistance in Criminal Matters (IRG) are met, as a rule not whether the allegation is true.
§ 22 IRG
Before a judge by the next day
The nearest local court checks your identity and asks whether you object to extradition.
§§ 40, 83c IRG
A lawyer is required
If you have none, one is appointed. You may also name a lawyer in the issuing state.
§ 41 IRG
Simplified extradition
Do not consent before speaking to a lawyer. Your consent cannot be withdrawn.
§§ 13, 14 IRG
The Higher Regional Court decides
After an arrest in the Aachen area, the Oberlandesgericht Köln usually decides on detention and surrender. Its decisions cannot be appealed.
§ 83c IRG
Time limits
A decision should be made within 60 days of the arrest. Surrender should follow within ten days of approval.
Good to know
There is room for a defence. Is the conduct an offence under German law, where this is required? Has the matter already been finally decided (Art. 54 Schengen Convention)? Would surrender breach fundamental rights, for example through prison conditions (§ 73 IRG)? German nationals may only be surrendered under strict conditions (Art. 16 Basic Law, § 80 IRG). Details: European Arrest Warrant and extradition.
How German criminal proceedings work
The public prosecutor (Staatsanwaltschaft), not the police, leads the investigation. Proceedings usually follow these steps:
- 01
Investigation
Police and prosecutor gather evidence (Ermittlungsverfahren). Your lawyer can request evidence in your favour.
- 02
Inspection of the file
Your lawyer inspects the file (Akteneinsicht, § 147 StPO). Only then do you decide whether to make a statement.
- 03
Decision by the prosecutor
The case is dropped, discontinued with or without conditions (§§ 153, 153a StPO), ended by a penalty order, or charges are brought.
- 04
Interim proceedings
The court decides whether to open a trial. Your lawyer can object to the charges first (§ 201 StPO).
- 05
Trial
The court hears the evidence at the main hearing (Hauptverhandlung), with an interpreter if needed (§ 185 GVG).
- 06
Appeal or final judgment
An appeal (Berufung or Revision) must be lodged within one week of the judgment (§§ 314, 341 StPO).
Good to know
Many decisions are made before a court is involved. At that stage, your lawyer can argue for the case to be dropped. Trials are held at the Amtsgericht or, for serious allegations, the Landgericht.
Costs of a defence
Defence fees follow either the statutory scale of the Lawyers’ Remuneration Act (RVG) or a fee agreement. We explain the model before work begins.
§ 14 RVG
Statutory fees
Set within a statutory range, depending on the stage, the court and the work involved.
§ 3a RVG
Fee agreement
A flat fee or an hourly rate agreed in advance in text form, common in extensive cases.
§§ 465, 467 StPO
Who pays in the end
If convicted, you bear the costs. If acquitted, the state reimburses your necessary expenses, generally at the statutory rate.
Good to know
Court-appointed counsel is not free in the end. A convicted person usually has to repay these fees (§ 465 StPO). Details: Costs of a criminal defence.
How we defend you
Karolin Hagemann de Grzymala, LL.M., Fachanwältin für Strafrecht
Karolin Hagemann de Grzymala, LL.M., is a certified specialist lawyer for criminal law and a former partner at DMFH Fachanwälte für Strafrecht. She is a former board member of the Strafverteidigervereinigung NRW e.V., an association of defence lawyers in North Rhine-Westphalia, and defends clients before the courts in Aachen.
She first deals with what is urgent: a detention hearing, a deadline, a search still under way. She then requests the file and goes through it with you. Only then do we decide together on a statement and the aim of the defence.
The language of the consultation is agreed at first contact, with a sworn interpreter if needed. Video consultations are possible for clients abroad, relatives and companies.
Calling for someone in custody
Have their full name, date of birth and, if known, the police station ready.
More on these topics
Detailed guides on our German-language pages.
Frequently asked questions
Short answers to common questions.
ArrestWhat should I do if I am arrested in Germany?
Give your personal details, but say nothing about the allegation. Ask for a lawyer, for an interpreter and, as a foreign national, for your consulate to be informed.
You must be brought before a judge by the day after the arrest at the latest (§ 128 StPO).
SummonsDo I have to attend a police summons in Germany?
Not as a suspect. There is no duty to attend police questioning.
If the prosecutor or a court summons you, you must attend but may remain silent (§ 163a Abs. 3 StPO).
Penalty orderHow long do I have to object to a penalty order (Strafbefehl)?
Two weeks from service (§ 410 Abs. 1 StPO).
If you authorised a person in Germany to receive documents, the two weeks start when the penalty order is served on that person.
ExtraditionCan I appeal against a decision on a European Arrest Warrant?
No. Decisions of the Higher Regional Court (Oberlandesgericht) cannot be appealed (§ 13 IRG). Your defence therefore has to be in place beforehand.
Consent to simplified extradition cannot be withdrawn (§ 41 IRG).
LanguageWill I get an interpreter, and in which language can I speak to you?
If you do not speak German, you are entitled to a free interpreter in the criminal proceedings (§ 187 GVG).
The language of your consultation with us is agreed at first contact. If needed, a sworn interpreter joins the conversation.
VideoCan you advise me if I am not in Germany?
Yes, by video conference, for example if you live in Belgium or the Netherlands.
Send us the documents in advance, together with the envelope.
Speak to us before you speak to anyone else.
A first conversation clarifies what is urgent and which deadlines apply.
+49 163 8461632