No one is immune from violating applicable criminal laws at some point. This often happens unknowingly or without the opportunity to act in time. Nevertheless, the Criminal Code provides for every breach of the law to be punished. The level of punishment, taking into account all the circumstances, depends not least on competent criminal defense.
Criminal law - a public law with a protective function
Criminal law comprises all legal norms that define criminal offenses and the resulting legal consequences. This law serves to protect life and physical integrity, property and assets, human dignity and honor and compliance with the legal order of the state.
Representation by a criminal defense lawyer - equal opportunities in criminal proceedings
Anyone who knowingly or unknowingly violates the provisions of the StGB is liable to prosecution. Such misconduct can affect anyone, for example through negligence in road traffic if other parties are injured in a traffic accident. However, the legislator has created the possibility of criminal defense so that a fair trial is guaranteed in the event of criminal proceedings.
It is intended to ensure equal opportunities between the prosecutor and judge on the one hand and the accused on the other. The lack of legal knowledge of the persons concerned is compensated for by a lawyer experienced in criminal law. In the case of certain criminal offenses - which are listed in more detail in Section 140 of the German Code of Criminal Procedure (StPO) - it is therefore even mandatory for defendants in criminal proceedings to be assigned a mandatory criminal defense lawyer. However, defendants do not have to accept the court's proposals; they can also apply for a lawyer of their choice to be assigned to them.
But even in cases in which defendants are free to represent and defend themselves, consulting a lawyer is the better choice. They know how to assess the results of investigations and evidence, recognize errors in the investigations or in the course of the preliminary proceedings and can assert the much-cited mitigating circumstances for defendants.
Quickly instructing a criminal defense lawyer - the importance of preparation
At the latest when you are served with a penalty order, you should discuss the next steps with a criminal lawyer (criminal defense lawyer). This also applies in cases where you recognize your culpable conduct and agree in principle with a conviction. Ultimately, it is not only the offense that matters, but also the amount of the expected sentence, which can have an impact on your life for many years to come. It is your right to work with your lawyer to exhaust all the options available to you.
However, it is even better to contact your future defense lawyer as soon as you become aware of the crime, for example shortly after a traffic accident involving bodily harm or when you receive a summons for questioning in a criminal case. This gives you both the opportunity to find out about the accusations made by the police and the public prosecutor's office from the outset and to prepare for the subsequent proceedings accordingly. But the motto "better late than never" also makes sense when it comes to criminal defense. According to § 137 StPO, it is possible to consult a criminal defense lawyer at any stage of the proceedings. However, it is questionable whether this lawyer will be able to comprehensively mitigate possible omissions and mistakes such as unfavorable statements at a later stage, but there is always the chance to positively influence the further course of the proceedings.
Basis for criminal proceedings - access to files
Anyone accused of a misdemeanor or criminal offense has the right to inspect files. However, the extent to which this is granted is at the discretion of the investigating authorities or the court. Files do not have to be handed over to the persons concerned; they can usually only be inspected by the accused themselves at the authorities. A lawyer, on the other hand, is given the opportunity to work through investigation and criminal files in the office at their leisure and then discuss them with their clients.
Any questions that arise are often answered before the trial begins and any uncertainties are eliminated. As a result, the start of the trial can be looked forward to more calmly, because ultimately criminal proceedings are a particular burden for almost all those affected. It is made easier by legal assistance.
Preparation of proceedings - witnesses for the defense and exoneration
Not every witness interview has to be disclosed when inspecting files. Nevertheless, there are often interview transcripts that play an important role in preparing for the trial. Sometimes new aspects emerge, such as the possible involvement of others in criminal acts or indications of false statements. If detected in time, defense attorneys and defendants can take care of exonerating witnesses and evidence that will have a positive effect for the defendants.
The expertise of a criminal defense lawyer is essential when assessing what should be added before the trial begins or during the court hearing in order to obtain a lenient sentence. He knows which tactics promise the greatest success. He can also discuss with his client whether an extensive confession will mitigate the sentence.
Criminal offenses - reporting and preliminary proceedings
Regardless of whether a criminal offense is prosecuted as part of an application offense or is of public interest, whether it was committed negligently or deliberately and what special circumstances or personality structures led to an offense, it is first and foremost a violation of a specific section of the Criminal Code. This means that the offense is subject to a penalty that is still negotiable.
"Minor" offenses, such as simple theft, are not automatically prosecuted by law. In such cases, the injured parties must report the crime to the police. Most misdemeanors and all felonies, on the other hand, are so-called official offenses. Here, the public prosecutor's office is obliged to provide clarification in accordance with Section 160 of the Code of Criminal Procedure, both with regard to incriminating material and anything that could help to exonerate the accused. The filing of a criminal complaint by the injured party is not a prerequisite; the public prosecutor's office investigates independently on the basis of reports or knowledge of criminal offenses that have been reported to the police.
Here, too, an experienced criminal defense lawyer will ensure equal opportunities, because only then will the defendant's legal expertise be pitted against that of the investigators and prosecutors.
Background and sentencing - tasks of the defense lawyer
The severity of the sentence depends on various factors. Someone who gets behind the wheel of a vehicle while drunk and kills a person while driving drunk will be sentenced differently than someone who drives without concentration due to personal circumstances, such as after receiving a death notice, and thus causes a serious accident.
Such individual differences also play a significant role in all other areas of criminal law, whether white-collar crime, cybercrime or offenses against the Narcotics Act. In addition, the level of punishment also depends on whether the person concerned has been guilty by omission, acquiescence or active deeds.
Examining all these aspects is not only the responsibility of the public prosecutor's office, but also and especially that of a criminal defense lawyer. Only in a detailed discussion with the client can it be worked out what the actual motives were, what role other parties involved and accomplices played and what personal circumstances have an exonerating effect.
From this point of view alone, it is important to choose legal counsel as early as possible. They can accompany those affected to the hearing or, if necessary, advise them to make use of their right to refuse to testify.
Criminal defense - Your criminal defense lawyer in court
How the accused behave and the form in which they express themselves is also important in court. It is essential to prepare for witness hearings and to plan a strategy. For some criminal offenses, comprehensive confessions may be expedient, while for other offenses it may be advantageous to keep a low profile as far as possible. Criminal defense lawyers are bound to confidentiality. What defendants tell their criminal lawyer and what course of action has been agreed is kept from others.
On the other hand, agreements and deals can also be made with the public prosecutor's office and the court to mitigate punishment, especially in proceedings involving several defendants. Such a procedure is permitted under Section 257 c StPO. Whether such an agreement can be reached between the parties to the proceedings depends on individual factors and the individual legal situation. There is no entitlement to this.
Representation after a judgment - probation and suspension of sentence
A criminal offense is by no means complete with the verdict. If a suspended prison sentence is imposed, a criminal defense lawyer can also provide advice and assistance. If a prison sentence has to be served, an application for suspension of the remainder of the sentence can be made after a certain period of time if certain conditions are met. This is also one of the tasks of a lawyer experienced in criminal law, who can support those affected with their specialist knowledge.
