Criminal Defense in General Criminal Law Cases

What is General Criminal Law?

General criminal law covers both substantive criminal law – primarily the German Criminal Code StGB – and procedural criminal law, governed mainly by the German Code of Criminal Procedure StPO. Together, these laws define when conduct constitutes a criminal offense and how criminal proceedings are conducted.
Anyone accused of a crime in Germany quickly faces a complex legal process where experience, strategic planning, and professional defense are essential.

Investigation Proceedings – Why Early Defense Matters

A criminal case in Germany usually begins with the investigation phase (Ermittlungsverfahren). During this stage, the police and the public prosecutor’s office examine whether there is sufficient suspicion to bring charges. Decisions made here often determine how the case develops.

With a well-prepared defense, many proceedings can be discontinued at this early stage. Few suspects realize how many legal options exist for a dismissal. That is why it is crucial to consult a defense lawyer as early as possible.

Typical investigative measures include:

• Police or prosecutor interrogations
• Searches of homes, offices, or vehicles
• Seizure or confiscation of items
• Surveillance of communications or other covert investigations

An experienced criminal lawyer protects you from making premature statements, ensures your rights are upheld, and reviews whether investigative measures are lawful.

Penalty Order – Quick Action Prevents Legal Disadvantages

A penalty order (Strafbefehl) is a court decision issued without a main hearing, usually for lesser offenses such as traffic violations, minor theft, or fraud. Those affected often receive a fine or driving ban without ever appearing in court.

Important: A penalty order becomes final if no objection (Einspruch) is filed within two weeks. Missing this deadline makes later defense extremely difficult. We assess whether an objection is advisable and represent you throughout the process.

Arrest Warrant – Immediate Action Required

An arrest warrant (Haftbefehl) severely restricts personal freedom. Common reasons include risk of flight, risk of tampering with evidence, or risk of re-offending. In practice, such warrants are often overly broad or insufficiently justified.

Prompt legal action is essential. We immediately review the legality of the warrant and, where possible, apply for its cancellation or suspension. We also advocate for alternatives such as bail or reporting obligations to avoid pre-trial detention.

Main Trial – What to Expect in Court

If the prosecution files charges, the case proceeds to the main trial (Hauptverfahren). The court then decides publicly on guilt and sentence. The same applies when a defendant challenges a penalty order – the objection automatically leads to a full trial.

In German criminal procedure, the principle of oral presentation applies: everything relevant to a possible conviction must be presented and discussed verbally during the hearing. This is where professional defense becomes indispensable. Those accused rarely have the composure to plan their strategy effectively on their own.

Our role as criminal defense lawyers:

• Developing and implementing a tailored defense strategy
• Filing motions for evidence and critical examination of witnesses
• Protecting your rights throughout the proceedings
• Negotiating with the court and prosecution on dismissals or settlements

Possible Penalties under German Criminal Law

Sanctions under general criminal law range from minor to severe, depending on the accusation, prior record, and consequences of the offense:

• Monetary fines, based on income and daily rates
• Imprisonment, with or without probation
• Additional measures such as driving bans, revocation of licenses, professional bans, or confiscation of assets

Common Offenses We Defend

Our law firm provides defense in all areas of general criminal law, including: