What does the public prosecutor’s office do in German criminal proceedings?

The public prosecutor’s office leads the investigation and arranges for both incriminating and exculpatory circumstances to be examined. It then decides, among other things, whether to discontinue the case or seek a court decision.

Does a suspect have to speak to the police in Germany?

A suspect may remain silent about the alleged offense and does not have to incriminate themselves. Before making a statement, it is sensible to learn the specific allegation and get legal advice.

What is the difference between a crime and a regulatory offense in Germany?

A criminal offense may lead to a criminal penalty and is pursued through criminal proceedings. A regulatory offense is generally punished with a fine or other consequences provided for that type of offense.

What does the presumption of innocence mean in German criminal law?

A person accused of an offense is presumed innocent until a conviction becomes final. The state must prove the accusation in proceedings that follow the rule of law.

Criminal law in Germany

Criminal law in Germany determines which conduct can be prosecuted and punished as a criminal offense. The police, public prosecutor’s office, and courts have different roles. Suspects and people harmed by an offense also have important rights.

byLea&Marc

Criminal law in Germany protects especially important rules of social life. A penalty may be imposed only on a legal basis. Unfair or harmful conduct is therefore not automatically a criminal offense. Substantive criminal law defines offenses and possible legal consequences. Criminal procedure law sets out how a suspicion is investigated and reviewed by a court. A person can be convicted only if their personal guilt is established. The police secure evidence, interview people, and conduct other investigations. The public prosecutor’s office leads the investigation and decides what to do next after it is complete. If charges are brought, a court independently decides guilt and legal consequences. A person accused of an offense is presumed innocent until a conviction becomes final. They do not have to incriminate themselves and may seek a lawyer’s help. Coercive measures require a legal basis and are subject to oversight. Witnesses are expected to tell the truth, but in certain situations they may remain silent or refuse to testify. People harmed by an offense can report it and may have other procedural rights, depending on the case. However, a criminal complaint does not automatically amount to a claim for private damages. A case may be discontinued, resolved by a penal order, or heard in court. Possible penalties include fines and imprisonment. For young people, rehabilitation and education play a more prominent role. A regulatory offense is not a crime, but can be punished with a fine. Criminal proceedings also differ from a civil case, which resolves private claims between parties. Take summonses, searches, and court letters seriously and keep them unchanged. If you are a suspect or a person harmed by an offense, clarify your role and seek expert advice before making a hasty statement.

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