Basic criminal law is not a clearly defined term. From a criminal defense lawyer’s perspective, it primarily refers to situations where an individual first comes into contact with law enforcement or prosecuting authorities.

If you have received a police summons, the most important thing is: stay calm and don’t panic. A summons simply means that preliminary proceedings (a criminal investigation) have been initiated against you. Once the investigation is complete, the case file is forwarded to the public prosecutor, who then decides how to proceed. Possible outcomes include:  Dismissal due to lack of evidence, Lack of criminal responsibility, Dismissal due to minor culpability, Issuance of a penalty order or Filing of a formal indictment. You are under no obligation to comment on the allegations. You have the right to remain silent — and from our experience as criminal defense lawyers, exercising this right is often the best strategy. No one is required to incriminate themselves. You are not legally obliged to attend a police summons. Such an obligation only arises if the summons is issued by the public prosecutor’s office (§ 163a para. 3 sentence 1 German Code of Criminal Procedure – StPO).

A penalty order (Strafbefehl) is similar to a court judgment, but it is issued without a trial. However, it only becomes legally binding if no objection is filed within two weeks. If you object in time, the case proceeds to a public hearing. Because the accused may not even be aware of the investigation until the penalty order arrives, only certain types of sanctions can be imposed in this written procedure. These include: Fines, Driving bans, Withdrawal of the driving license, A warning with reservation of punishment (Verwarnung mit Strafvorbehalt). Only if you are represented by a defense attorney, a prison sentence of up to one year can be imposed via a penalty order. In over 90% of cases, however, the court imposes a fine. If you file an objection (Einspruch), you can choose to limit it to specific aspects — for example, only to the amount of the daily fine.

A search of your home or other premises constitutes a serious interference with your fundamental rights and privacy. Still, it is essential to remain calm. Law enforcement may search your property if there is initial suspicion that a criminal offense has been committed. Again, do not make any statements without first speaking to a lawyer. Avoid casual conversation with the police — they may use informal dialogue to gather information from you. You are entitled to:  See the search warrant, and Receive a written record of any seized or confiscated items.

If you are arrested or informed that you are being taken into pre-trial custody (Untersuchungshaft) based on an arrest warrant, remain calm. Do not make any statements. Exercise your right to remain silent and demand to speak with a defense attorney. While in custody, you may still be allowed to receive visitors. You also have legal remedies available, such as: Detention review (Haftprüfung), and Appeal against detention (Haftbeschwerde), either of which may lead to your release.

We will assess whether the legal requirements for pre-trial detention are actually met. These include:
– Urgent suspicion of a criminal offense, and
– Legal grounds for detention, such as risk of flight, risk of tampering with evidence, risk of reoffending, or the seriousness of the offense.

Whether or not you have prior experience with the police, public prosecutor, or criminal courts, it is always advisable to retain a criminal defense lawyer as early as possible.

Even during the preliminary investigation, a skilled defense lawyer can challenge the allegations — for example, by identifying gaps or errors in the police investigation or by negotiating a favorable outcome with the authorities.If an indictment is filed and the case goes to trial, we will represent your interests in court and ensure that your rights are fully protected and that the proceedings are conducted lawfully and fairly.