Investigation proceedings
The investigation procedure serves to clarify and prosecute criminal offenses. The public prosecutor's office acts both as an investigating authority and as a prosecuting authority and is guided in its work by various laws, in particular the Code of Criminal Procedure (StPO).
Initiation of preliminary proceedings: The proceedings usually begin with the suspicion of a criminal offense. This suspicion can arise from a criminal complaint, a criminal complaint, as part of a police check or through investigations by the public prosecutor's office itself. Pursuant to Section 152 (2) of the Code of Criminal Procedure, the public prosecutor's office is obliged to initiate preliminary proceedings if there are sufficient factual indications of a criminal offense.
Investigative activities: The public prosecutor's office leads the investigation and can draw on the support of the police. The investigative activities include a variety of possible measures such as witness interviews, searches (§ 102 ff. StPO), seizure (§ 94 ff. StPO), surveillance measures and others. The aim is to collect evidence to clarify the facts of the case.
Decision on how to proceed: Once the investigation has been completed, the public prosecutor's office must decide how to proceed. This depends on the outcome of the investigation. Possible decisions are
Discontinuation of proceedings if there is no evidence of the crime or for other reasons (Sections 170 (2), 153, 153a StPO),
Issuing a penalty order for less serious offenses (§ 407 StPO),
Charges are brought if there is sufficient suspicion and a public interest in prosecution, which leads to the main hearing before the competent court (Section 170 (1) StPO).
Interim proceedings: After the indictment has been filed, the court examines whether it will admit the indictment to the main hearing (Section 199 StPO). This stage is referred to as interim proceedings.
Main proceedings: If the indictment is admitted, the main proceedings follow. This is characterized by the oral hearing in court, in which the evidence collected is presented and examined. It ends with a verdict.
Preliminary proceedings are therefore a complex process that takes into account both the rights of the accused and the public interest in criminal prosecution. It is shaped by the Code of Criminal Procedure and other relevant laws as well as case law.
The involvement of a lawyer by the accused in the preliminary proceedings is recommended for several reasons and is of great legal importance:
Legal advice and representation: A lawyer can provide the accused with comprehensive information about their rights and obligations in the investigation proceedings. He ensures that the accused does not make any statements or take any actions that could worsen his legal position. The lawyer ensures that the rights of the accused, such as the right to remain silent, are safeguarded.
Knowledge of criminal procedural law: A lawyer has in-depth knowledge of criminal procedural law and the applicable procedural rules. He can therefore critically accompany the investigations of the public prosecutor's office and the police and, if necessary, raise legal objections, for example in the event of violations of procedural rules.
Protection against self-incrimination: The principle "nemo tenetur se ipsum accusare" (no one is obliged to incriminate themselves) is an essential principle in criminal proceedings. A lawyer can advise the accused on when and to what extent it is advisable to make a statement.
Inspection of the investigation file: The defense lawyer has the right to inspect the investigation files (Section 147 StPO). This enables him to get a comprehensive picture of the status of the investigation and to align his defense strategy accordingly.
Communication with authorities: A lawyer can communicate with the investigating authorities on behalf of the accused. This prevents the accused from making ill-considered statements under pressure or becoming entangled in contradictions.
Avoidance of disadvantages: In preliminary proceedings, provisional measures such as pre-trial detention or confiscation can also be ordered. A lawyer can work at an early stage to ensure that such measures are avoided or mitigated.
Preparation of an effective defense: Finally, the early involvement of a lawyer serves to carefully prepare an effective defense, whether in the preliminary proceedings themselves or in the subsequent main proceedings.
It is therefore essential that you contact us during the preliminary proceedings in order to safeguard your rights.