Access to files: entitlement and requirements

Your right to inspect files - principles and requirements

The most important principles in the German legal system are equality of opportunity and the right to a fair trial. This presupposes that plaintiffs and defendants, accused or defendants can obtain an appropriate level of knowledge. This is why the right to inspect files is enshrined in every jurisdiction.

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In order for all parties and their legal representatives to be able to prepare for upcoming proceedings, knowledge of the status of the case is essential. All information must be equally available to all parties involved. This is the only way to ensure a level playing field.

The right to inspect files applies to all forms of jurisdiction and is enshrined in the constitution. In Germany, these are the ordinary courts, the labor courts, the administrative courts, the fiscal courts and the social courts. This means that, in principle, you have the right to inspect files, regardless of the court before which you are involved in proceedings.

This principle has a further advantage for the course of a trial. If errors or misunderstandings have arisen in the transcripts and minutes, these can be cleared up before the trial begins or before a verdict is reached.

The importance of access to files in different areas of law

In criminal law, the reason for inspecting files is understandable: witness statements and other investigation results are recorded in the files. Here, the burden of proof lies with the public prosecutor's office. For the accused and their lawyers, on the other hand, it is important to develop a defense strategy in good time based on the results of the investigation.

Before the administrative court, it is usually expert reports that are of significance. They are sent to both parties to the proceedings, so there is hardly any new information in the files. However, it is essential to inspect the files if a lawyer is appointed to represent your interests during the course of the proceedings. By inspecting the files, the lawyer can gain a comprehensive picture of notices and objection notices, expert opinions and statements.

In civil law, access to files offers the opportunity for both parties to inform themselves equally and thus prepare for the trial. Here, it is mainly up to the parties to use this information. It is then up to the court to evaluate all the arguments presented. The right to inspect files is enshrined in the Code of Civil Procedure (ZPO).

Request for access to files - mandatory requirements

Although authorities and courts are obliged in principle to grant access to files, this is subject to certain conditions. Only those who may have a legitimate interest in the information are granted access to the files.

Both authorities and courts require that a request for access to files be made in writing. It is important to name yourself and/or your representative. Proof must be provided of the extent to which you are involved in the investigation or proceedings, for example as the plaintiff or defendant or as their legal representative. Only those who can demonstrate this will be granted access to the files.

How the inspection of files takes place

Private individuals who are to be granted access to files must generally do so on the spot, i.e. at the authority or the competent court. Copies of important file details can be made or photographs taken on the premises of the competent authority. If files are kept digitally, they can be transmitted for inspection in this way.

However, the disadvantage of private access to files is that it is almost impossible to determine which contents of a file are relevant to the process and its progress in the short time available and without specialist knowledge. Authorized attorneys, on the other hand, know how to evaluate individual pieces of information. They also have the advantage that paper-based files are sent to the law firm for inspection. They usually have at least three days to review all documents and make copies of important content.

Restrictions on access to files - balancing of interests

However, access to files can be denied if other interests prevail. This is the case, for example, if details of the investigation in criminal cases must not be disclosed to the accused. Data protection concerns, such as the addresses of witnesses, must also be taken into account. This may result in the publication of the files being refused in part or within a certain period of time.

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